Res 2015-104/Fifth Amended and Restated Contract with Texas Disposal Systems, Inc. for the Collection and Disposal of Solid Waste and Recyclable Materials which adds Curbside Green Waste Cart Services, discontinues servicing of the downtown public trash c

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of insurance will not be construed as a waiver of the Contractor's obligation to maintain the required insurance coverage specified herein. Commercial general liability insurance and motor vehicle insurance will be written with the City of San Marcos,Texas as an additional insured and will be endorsed to provide a waiver of the carrier's right of subrogation against the City. The kinds and amounts of insurance required are as follows: Workers' Compensation Insurance and/or Employer's Liability: In accordance with the provisions of the Workers' Compensation Act of the State of Texas and/or $500,000.00/$500,000.00 for Employer's Liability. Liability Insurance: (1) Commercial general liability insurance with a combined single limit of $1,000,000 for each occurrence and$1,000,000.00 in the aggregate,providing coverage for,but not limited to, bodily injury and property damage, premises/operations, products/completed operations, independent Architects as applicable(2)Business Motor Vehicle liability insurance(standard ISO version)in an amount not less than$1,000,000 per occurrence . 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 calendar 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 1 s`day of October,2015. City of San Marcos Texas Disposal Systems,Inc. (Th 400 By. By: /t�� A_ , PA red Miller ity Manager ectcylayi/ 42 ( Av _�Printnamtle �1 Date: 2~) 2_0 1.5 Date: 20 ,20 5 22