Res 2013-152/Authorizing the CM to execute a fourth amended and restated contract for collection and disposal of solid waste and recyclable materials with TDS

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favor of any party, including the amounts of any damages or awards resulting from claims demands and causes of action for personal injuries, death or damages to property, alleged or actual infringement of patents, copyrights, and trademarks and without limitation by enumeration, all other claims, demands, or causes of action of every character occurring, resulting, or arising from any negligent or intentional wrongful act, error or omission of the Contractor and /or its agents and /or employees. This obligation of the Contractor will not be limited by reason of the specification of any particular insurance coverage in this Contract. Section 8.2 Insurance The Contractor will procure and maintain at its expense insurance in the kinds and amounts hereinafter provided with insurance companies authorized to do business in the State of Texas, covering all operations under this Contract, whether performed by the Contractor or its agents, subcontractors or employees. Before commencing the work, the Contractor will furnish to the City a certificate or certificates in form satisfactory to the City, showing that the Contractor has complied with this paragraph. All certificates will provide that the policy will not be materially changed or canceled until at least 30 days written notice will have been given to the City, and will name the City as an additional insured on all policies except workers' compensation. The kinds and minimum amounts of insurance required are as follows: Workers' Compensation Insurance: Statutory amounts Commercial General Liability insurance Bodily Injury $1,000,000 Property Damage $ 500,000 Automobile Liability: Bodily Injury (each person) $ 500,000 Bodily Injury (each accident) $1,000,000 Property Damage $ 500,000 The stated limits of insurance required by this Paragraph are MINIMUMS ONLY, and it will be the Contractor's responsibility to determine what limits are adequate. These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits. The City's acceptance of Certificates of Insurance that in any respect do not comply with the requirements of this Contract does not release the Contractor from compliance herewith. Section 8.3 Bonds The Contractor will furnish a performance bond as security for the performance of the contract within 10 days following the Contractor's receipt of a fully executed contract and before commencing any work under this Contract, and annually thereafter. The amount of the performance bond will be $250,000. The Contractor will pay the premium for this bond. The surety on the bond will be a duly authorized corporate surety authorized to do business in the State of Texas. The attorney -in -fact who signs performance bonds must file with each bond a certified and effectively dated copy of a power of attorney. This Contract will be effective as of the day of , 2013. 21