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with all federal, state,and local laws and ordinances applicable to the services to be
<br /> performed under this Agreement, including all safety standards. The Contractor shall be
<br /> solely and completely responsible for conditions of the job site, including the safety of all
<br /> persons and property during the performance of the services.
<br /> 2. Commencement of Work. The Contractor shall commence work on the Project within ten
<br /> (10) days of the date of the Notice to Proceed given by the City Engineer and shall have
<br /> the Work substantially complete within the period specified in the Contract Documents.
<br /> Failure to complete the work within this period will be cause for the Contractor to forfeit
<br /> the amount as required by the Special Provisions terms of the Contract Documents and that
<br /> it is appropriately licensed by all applicable agencies and governmental entities.
<br /> 3. Contractor Compensation. The Owner shall compensate Contractor for the Work in the
<br /> amount of$ based upon the Contractor's accepted bid subject to any
<br /> additions or deductions provided therein, payment shall be made pursuant to the payment
<br /> provisions outlined in the Contract Documents.
<br /> 4. Independent Contractor Relationship. It is expressly understood that the Contractor is an
<br /> "independent contractor" and not an employee of the City. The Contractor shall have
<br /> control over the manner in which the services are performed under this Agreement. The
<br /> Contractor shall supply, at its own expense, all materials, supplies, equipment and tools
<br /> required to accomplish the work contemplated by this Agreement. The Contractor shall
<br /> not be entitled to any benefits from the City, including, without limitation, insurance
<br /> benefits, sick and vacation leave, workers' compensation benefits, unemployment
<br /> compensation, disability, severance pay, or retirement benefits.
<br /> 5. Insurance Requirements.
<br /> A. Liability. The Contractor agrees to maintain commercial general liability insurance in
<br /> a minimum amount of$1,500,000 per occurrence; $2,000,000 annual aggregate. The
<br /> policy shall cover liability arising from premises, operations, products-completed
<br /> operations, personal injury, advertising injury, and contractually assumed liability.
<br /> The City shall be named as an additional insured.
<br /> B. Automobile Liability. If the Contractor operates a motor vehicle in performing the
<br /> services under this Agreement, the Contractor shall maintain commercial automobile
<br /> liability insurance, including owned,hired,and non-owned automobiles, with a
<br /> minimum liability limit of$1,000,000, combined single limit.
<br /> C. Workers' Compensation. The Contractor agrees to comply with all applicable
<br /> workers' compensation laws in Minnesota.
<br /> D. Certificate of Insurance. The Contractor shall, prior to commencing services, deliver
<br /> to the City a Certificate of Insurance as evidence that the above coverage's are in full
<br /> force and effect.
<br /> 6. Indemnification. To the fullest extent permitted by law, the Contractor agrees to defend,
<br /> indemnify and hold harmless the City,and its employees, officials, volunteers and agents
<br /> from and against all claims, actions, damages, losses and expenses, including attorney
<br /> fees, arising out of the Contractor's negligence or the Contractor's performance or failure
<br /> to perform its obligations under this Agreement. The Contractor's indemnification
<br /> obligation shall apply to the Contractor's subcontractor(s), or anyone directly or
<br /> indirectly employed or hired by the Contractor, or anyone for whose acts the Contractor
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