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3.13.6 Deductibles and Self-Insurance Retentions. City may require that any <br />deductibles or self-insured retentions must be declared to and approved by the City. Company <br />shall ensure that, at the option of the City, either: (A) the primary insurer shall reduce or <br />eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, <br />officers, employees and agents; or (B) the primary insured shall procure a bond guaranteeing <br />payment of losses and related investigation costs, claims and administrative and defense <br />expenses. <br />3.13.7 Acceutabili1y of Insurers. Insurance is to be placed with insurers with a <br />current A.M. Best's rating no less than A:VIII, licensed to do business in California, and <br />satisfactory to the City. <br />3.13.8 Verification of Coverage. Company shall furnish City with original <br />certificates of insurance and endorsements effecting coverage required by this Agreement on <br />forms satisfactory to the City. The certificates and endorsements for each insurance policy <br />shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall <br />be on forms provided by the City if requested. All certificates and endorsements must be <br />received and approved by the City before work commences on the Project. The City reserves <br />the right to require complete, certified copies of all required insurance policies, at any time. <br />3.14 Control and Payment of Subordinates; Independent Contractor. All work on the <br />Project shall be performed by Company or under its supervision. Company and its consultants <br />and contractors will determine the means, methods and details of performing the work subject <br />to the requirements of this Agreement. City retains Company on an independent contractor <br />basis and not as an employee. Company retains the right to perform similar or different work <br />for others during the term of this Agreement. Any additional personnel performing the work <br />under this Agreement on behalf of Company shall also not be employees of City, and shall at <br />all times be under the exclusive direction and control of Company or its consultants and <br />contractors. All wages, salaries and other amounts due such personnel in connection with their <br />performance of work under this Agreement and as required by law shall be paid by Company <br />or its consultants and contractors. Such entities shall be responsible for all reports and <br />obligations respecting such additional personnel, including, but not limited to: social security <br />taxes, income tax withholding, unemployment insurance, disability insurance, and workers' <br />compensation insurance. <br />3.15 Termination. In the event either party defaults in the performance of any of its <br />obligations under this Agreement, or materially breaches any of the provisions of this <br />Agreement, the other party shall have the option to terminate this Agreement upon written notice <br />to the defaulting party. <br />3.16 Notices. All notices permitted or required under this Agreement shall be deemed <br />made when delivered to the applicable party's representative as provided in this Agreement. <br />RVPUB\JM607452 <br />