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CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 12 8.2 When requested by the City, the Contractor shall submit satisfactory evidence that all persons, firms or corporations who have done work or furnished supplies under this Contract, for which the City may become liable under the laws of the State of Minnesota, have been fully paid or satisfactorily secured. In case such evidence is not furnished or is not satisfactory, an amount may be retained from compensation due the Contractor, which will be sufficient, in the opinion of the City’s Attorney to meet all claims of the persons, firms, and corporations as aforesaid. Such sum shall be retained until the liabilities are fully discharged or satisfactorily secured. 9 Insurance 9.1 The Contractor shall provide and maintain in full force and effect during the entire term of this Contract, regular Contractor’s Public Liability Insurance, with the City as an additional insured, providing for a limit of not less than Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries or death of one person, and subject to that limit for each person, and regular Contractor’s auto, property damage liability insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out destruction of property in any one accident, and subject to that limit per accident. The Contractor shall also provide workers’ compensation insurance and employers’ liability insurance as required by law. Policies or coverage required shall be updated as necessary to meet at least the amounts specified in Minn. Stat. § 466.04 for each year of the Contract. Contractor shall provide Environmental Impairment Liability (Pollution Legal Liability) for sudden and non-sudden (gradual) pollution occurrences covering all facilities and equipment owned and used by Contractor, or its agents or employees. Limits of liability shall be no less than $5,000,000 for each occurrence and $5,000,000 aggregate, and shall continue for a two year period following termination of this Agreement. Such policies shall provide for ten days’ notice to the City of any change, cancellation, or lapse of such policy. The Certificates of Insurance shall name the City as an additional insured, and state that the Contractor’s coverage shall be the primary coverage in the event of a loss. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. The Contractor shall further guarantee and save harmless and indemnify the City of and from any and all loss, damage, claims, suits, judgments and recoveries which may be asserted, made or may arise or be had, brought or recovered against the City by reason of any of the foregoing claims except such as are caused by the existence of the disposal sites at the locations specified or contemplated in the Contract; and that it shall immediately appear and defend the same as its own cost and expense. Prior to the effective date of this Contract, the Contractor shall file a copy of such policies with the Recycling Coordinator. 10 Payment and Performance Bonds/Letter of Credit 10.1 Before the Contract shall be valid or binding against the City, the Contractor shall provide both a Payment Bond and a Performance Bond to the City of Arden Hills for the use of said City, and also for the use of anyone who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skill, labor, equipment, or materials in the execution of such