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Page 5 of 10 <br />#210221v1 <br />Grantor agrees to obtain any endorsement that may be necessary to affect <br />this waiver of subrogation, but this provision applies regardless of <br />whether or not the City has received a waiver of subrogation <br />endorsement from the insurer. <br /> <br />D. Self-Insured Retentions- Self-insured retentions must be declared to and <br />approved by the City. The City may require Grantor to purchase coverage with <br />a lower retention or provide proof of ability to pay losses and related <br />investigations, claim administration, and defense expenses within the retention. <br />The policy language shall provide, or be endorsed to provide, that the self- <br />insured retention may be satisfied by either the named insured or City. <br /> <br />E. Acceptability of Insurers- Insurance is to be placed with insurers authorized <br />to conduct business in the state with a current A.M. Best’s rating of no less <br />than A:VII, unless otherwise acceptable to the City. <br /> <br />F. Verification of Coverage- Grantor shall furnish the City with original <br />Certificates of Insurance including all required amendatory endorsements (or <br />copies of the applicable policy language effecting coverage required by this <br />clause) and a copy of the Declarations and Endorsement Page of the CGL policy <br />listing all policy endorsements to City before work begins. However, failure to <br />obtain the required documents prior to the work beginning shall not waive the <br />Grantor’s obligation to provide them. The City reserves the right to require <br />complete, certified copies of all required insurance policies, including <br />endorsements required by these specifications, at any time. <br /> <br />G. Special Risks or Circumstances- City reserves the right to modify these requirements, <br />including limits, based on the nature of the risk, prior experience, insurer, coverage, or <br />other special circumstances. <br /> <br />H. Grantor will require all partners, subcontractors or other entities performing work <br />pursuant to this Agreement to provide insurance coverage as required in this subsection <br />of the Agreement. <br /> <br />5. PREVAILING WAGE <br />Grantor is aware of the requirements of Californi a Labor Code Section 1720, et seq., and <br />1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., <br />(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the <br />performance of other requirements on “public works” and “maintenance” projects. If the services <br />being performed are part of an applicable “public works” or “maintenance” project, as defined by <br />the Prevailing Wage Laws, and the total compensation is $1,000 or more, Grantor agrees to fully <br />comply with such Prevailing Wage Laws and Grantor agrees that all RePlay partners or <br />subcontractors will be required to comply with all Prevailing Wage Laws. Grantor shall defend, <br />indemnify and hold the City, its elected officials, officers, employees and agents free and harmless <br />from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing <br />Wage Laws. <br />Exhibit 1