04-22-2019 Council Packet - Laserfiche WebLink

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Page | 11 3. Revenue Sharing – If the final contract is negotiated to include revenue sharing, the contractor shall, on a monthly basis, rebate an amount to the city based on a mutually agreed upon formula. The City understands that at times of poor market conditions, net revenue may equal zero, but shall not go negative. The City shall not be charged for net revenue sharing, only credited or neutral (e.g., $0 per ton). 4. Insurance Requirements. The Contractor, at its expense, shall procure and maintain in force for the duration of this agreement the following minimum insurance coverages. Proof of insurance coverage shall be provided to the City with the quote. Workers’ compensation and employer liability, commercial general liability, automobile liability, and umbrella/excess liability which protects the City from bodily injury and property damage claims arising from operation under the contract whether such operations be by the contractor or and subcontractor, or by anyone directly or indirectly employed by either of them. a. General Liability. The contractor agrees to maintain Commercial General Liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products, completed operations, personal injury, advertising injury, and contractually assumed liability. The City shall be endorsed as additional insured. b. Automobile Liability. The Contractor shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum combined single limit of $1,000,000. c. Workers’ Compensation. Pursuant to Minnesota Statute §176.182, Contractor must provide acceptable evidence of compliance with the state Workers’ Compensation insurance requirements for all its employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide Workers’ Compensation insurance or acceptable evidence of compliance in accordance with the statutory requirements of the State of Minnesota. The Contractor shall also carry Employers’ Liability Coverage with minimum limits as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident VII. SELECTION A. The City of Orono reserves the right to reject any or all proposals or parts of proposals, to negotiate modifications of proposals submitted, to accept part or all of the proposals on the basis of consideration(s) other than proceeds or cost, and to negotiate specific work elements with a respondent into a project of lesser or greater expense and reimbursement than described in the RFP or the respondent’s reply. B. To the best of its ability, the City will use the following process for its decision-making: 1. City staff will review and analyze the details of the qualified submitted proposals. The City reserves the right to ask Proposers for additional information/clarification to better understand the proposals. 2. Staff will negotiate a contract with the top ranked Proposer. If negotiations with top-ranked Proposer are not successful, the City may then initiate negotiations with the second ranked Proposer, and so on.