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C. Workers Compensation. Each Contractor shall provide Workers' Compensation insurance, as required by Minnesota Statutes, Section 176.181 for all its employees. If any work is subcontracted, the Contractor shall require each Subcontractor(s) to provide Workers' Compensation insurance in accordance with the statutory requirements, including Coverage B, Employer's Liability. The Contractor shall also provide Employer's Liability Insurance with minimum limits as follows: 1) $500,000 — Bodily Injury by Disease per employee 2) $500,000 — Bodily Injury by Disease aggregate 3) $500,000 — Bodily Injury by Accident D. Additional Insurance Conditions. 1) The insurance policy(s) required under this Contract shall be primary and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of performance under this Contract. 2) The insurance policy(s), excluding worker's compensation and, if applicable umbrella, and Certificate(s) of Insurance required under this Contract shall contain a provision that coverage afforded under the policy(s) shall not be cancelled without at least 30 days advanced written notice to City, or 10 days for non-payment of premium. Words modifying the cancellation clause such as "endeavor to" provide notice will be unacceptable and must be stricken. 3) The insurance policy(s) required under this Contract shall include legal defense fees in addition to its liability policy limits. 4) The insurance policy(s) required under this Contract shall have an "AM BEST" rating of A- (minus); Financial Size Category VII or better and authorized to do business in the State of Minnesota. 5) Failure to maintain the insurance policy(s) required under this Contract that are not in compliance with the insurance requirements will constitute a material default. The City reserves all rights to pursue any legal remedies against any Contractor. 6) Contractor and its subcontractor(s), if any, shall furnish the certificates of insurance naming the City as an additional insured as required above prior to performing any duties on the Contractor's behalf. 7) It shall be the Contractor's responsibility to provide similar insurance for each subcontractor or to provide evidence that each subcontractor carries such insurance in like amount prior to the time such subcontractor proceeds to perform under the Contract. RFP for City of Roseville Recycling Services • A-28 RS160\1\934842.vl Page 97 of 185