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<br />b) Age. 17% are less than 5 years old, 35% are 6-10 years old, 41% are 10-15 years old and 6%
<br />are greater than 15 years old.
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<br />2). Variations from Quantities. Variations from the quantities in the estimate will be approved by the
<br />City Engineer prior to completion of the work. Variations will be added or deducted at the unit price provided
<br />in the quote.
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<br />E. Deviations and Exceptions. Deviations from and exceptions to terms, conditions, specifications or the
<br />manner of this RFP shall be described fully on the vendor's letterhead stationery, signed and attached to the
<br />proposal submittal page(s) where relevant. In the absence of such statement the vendor shall be deemed to
<br />have accepted all such terms, conditions, specifications and the manner of the RFP. A vendor's failure to raise
<br />an issue related to the terms, conditions, specifications or manner of this RFP prior to the proposal submis sion
<br />deadline in the manner described shall constitute a full and final waiver of that vendor's right to raise the issue
<br />later in any action or proceeding relating to this RFP.
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<br />F. Payment. Payments will be made to the contractor upon confirmation of services provided. The
<br />Contractor shall submit a written invoice to the City upon completion of the Services. Each invoice shall
<br />include in detail the description of the services performed.
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<br />G. Performance Bonds. The vendor is required to furnish a Performance Bond in a penal sum of One
<br />Hundred Percent (100%) of the total amount payable under the contract and a Labor and Material Payment
<br />Bond in a penal sum of One Hundred Percent (100%) of the total amount payable under the contract.
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<br />3. Insurance Requirements. The Contractor, at his expense, shall procure and maintain in force for the
<br />duration of this agreement the following minimum insurance coverages. Proof of insurance coverage shall be
<br />provided to the City with the quote. Workman’s compensation and employer liability, commercial general
<br />liability, automobile liability, and umbrella excess liability which protects the City from property damage
<br />claims arising from operation under the contract whether such operations be by the contractor or and
<br />subcontractor, or by anyone directly or indirectly employed by either of them.
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<br />A. General Liability. The contractor agrees to maintain Commercial General Liability insurance in a
<br />minimum amount of $2,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability
<br />arising from premises, operations, products, completed operations, personal injury, advertising injury, and
<br />contractually assumed liability. The City shall be endorsed as additional insured.
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<br />B. Automobile Liability. If the Contractor operates a motor vehicle in performing the Services under this
<br />Agreement, the Contractor shall maintain commercial automobile liability insurance, including owned, hired,
<br />and non-owned automobiles, with a minimum liability limit of $2,000,000, combined single limit.
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<br />C. Workers’ Compensation. Pursuant to Minnesota Statute §176.182, Contractor must provide
<br />acceptable evidence of compliance with the state Workers’ Compensation insurance requirements for all its
<br />employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide
<br />Workers’ Compensation insurance or acceptable evidence of compliance in accordance with the statutory
<br />requirements of the State of Minnesota.
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<br />D. Indemnification. To the fullest extent permitted by law, the Contractor agrees to defend, indemnify
<br />and hold harmless the City, and its employees, officials, and agents from and against all claims, actions,
<br />damages, losses and expenses, including reasonable attorney fees, arising out of the Contractor’s negligence or
<br />the Contractor’s performance or failure to perform its obligations under this Agreement. The Contractor’s
<br />indemnification obligation shall apply to the Contractor’s subcontractor(s), or anyone directly or indirectly
<br />employed or hired by the Contractor, or anyone for whose acts the Contractor may be liable.
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<br />4. Proposal Procedures.
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