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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 ANIII, 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 />3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor <br />Code Section 1770 et sea. ("Prevailing Wage Laws"), which require the payment of prevailing <br />wage rates and the performance of other requirements on "public works contracts." If this is a <br />"public works contract" pursuant to the California Labor Code and if the total compensation is <br />$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Copies of <br />the prevailing rate of per diem wages for each craft, classification or type of worker needed to <br />execute this Agreement shall be made available to interested parties upon request, and shall be <br />posted at the Project site. Contractor agrees to defend, indemnify and hold the City, its elected <br />officials, officers, employees and agents free and harmless, pursuant to the indemnification <br />provisions of this Agreement, from any claim or liability arising out of any failure or alleged <br />failure to comply with the Prevailing Wage Laws. <br />3.2.12 Bonds. <br />3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "B" <br />attached hereto and incorporated herein by reference, Contractor shall execute and provide to <br />City concurrently with this Agreement a Performance Bond in the amount of the total, not -to - <br />exceed compensation indicated in this Agreement, and in a form provided or approved by the <br />Page 7 of 16 <br />