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(C) Workers' Compensation and Employers Liability Coverage. The insurer <br />shall agree to waive all rights of subrogation against the City, its directors, <br />officials, officers, employees, agents and volunteers for losses paid under <br />the terms of the insurance policy which arise from work performed by the <br />Contractor. <br />(D) All Coverages. Each insurance policy required by this Agreement shall <br />be endorsed to state that: (A) coverage shall not be suspended, voided, <br />reduced or canceled except after thirty (30) days prior written notice by <br />certified mail, return receipt requested, has been given to the City; and <br />(B) any failure to comply with reporting or other provisions of the policies, <br />including breaches of warranties, shall not affect coverage provided to the <br />City, its directors, officials, officers, employees, agents and volunteers. <br />3.2.9.4 Separation of Insureds; No Special Limitations. All insurance required by <br />this Section shall contain standard separation of insureds provisions. In addition, such <br />insurance shall not contain any special limitations on the scope of protection afforded to the <br />City, its directors, officials, officers, employees, agents and volunteers. <br />3.2.9.5 Deductibles and Self -Insurance Retentions. Any deductibles or self- <br />insured retentions must be declared to and approved by the City. Contractor shall guarantee <br />that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles <br />or self-insured retentions as respects the City, its directors, officials, officers, employees, agents <br />and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and <br />related investigation costs, claims and administrative and defense expenses. <br />3.2.9.6 Acceptability 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 />3.2.9.7 Verification of Coverage. Contractor 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 shall <br />be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on <br />forms provided by the City if requested. All certificates and endorsements must be received and <br />approved by the City before work commences. The City reserves the right to require complete, <br />certified copies of all required insurance policies, at any time. <br />3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or <br />damage to any person or property. In carrying out its Services, the Contractor shall at all times <br />be in compliance with all applicable local, state and federal laws, rules and regulations, and <br />shall exercise all necessary precautions for the safety of employees appropriate to the nature of <br />the work and the conditions under which the work is to be performed. Safety precautions as <br />applicable shall include, but shall not be limited to: (A) adequate life protection and life saving <br />equipment and procedures; (B) instructions in accident prevention for all employees and <br />subContractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, <br />confined space procedures, trenching and shoring, equipment and other safety devices, <br />equipment and wearing apparel as are necessary or lawfully required to prevent accidents or <br />injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety <br />measures. <br />RVP1JE3\NGS\529338 <br />