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T-6130 - Certificate of Insurance - 9/27/2017
AC"R" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYYYY) 64� 9/26/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER , T Tori Sampson Arthur J. Gallagher&Co PHONE559-256-6554 FAX 559-256-6590 Insurance Brokers of CA, Inc. LIC#0726293 JAIC,.NA EW; 45 E. River Park Place W, Ste 605 ADDRES .Tori_sam)]son@8jg.com Fresno CA 93720 INSURMSJAFFORDINGCOVERAGE MAICY INSURER A:AMTrust International Underwriters Ltd INSURED BONAHOM-01 JNSURERB.WeStAmerican Insurance Company 44393 Bonadelle Homes, Inc dba BN5499, LP JNSURERC:Oak River Insurance Company 34630 7030 N. Fruit, Suite 101 INSURER D:Houston Casual Company 42374 Fresno, CA 93711 INSURER E: i INSURER F; COVERAGES CERTIFICATE NUMBER: 986815744 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE �U� PDD EFF POLICY EXP LIMITS INSD D POLICY NUMBER MWMIDDIYYYY MMlDO/YYYY A X COMMERCIAL GENERAL LIABILITY Y PAL127165900 10/30/2016 10/30/2017 EACH OCCURRENCE $5,000,000 I JIANfI�IENT DIVISION � OREPfiED CLAIMS-MADE X OCCUR PREMISES[Ea occurrence 8100,000 p ra ed' MED EXP An one person $5,000 k0aro�, �arlges: PERSONAL&ADV INJURY $5,000,000 GENT AGGREGATE LI MIT APPLI ES PER: (']I�1I�'1_I'1 f1, GENERAL AGGREGATE $5,000,000 X POLICY1� PRO �� LOC `-1�ddd� PRODUCTS-COMP/OP AGG $5,000,000 JECT OTHER: Ig a U4ite $ B AUTOMOBILE LIABILITY Y BAW(18)56559432 6/4/2017 6/4/2018 E! a acadent $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED X AUTOS ONLY X AUTOS ONLY JP@r acciden $ $ D UMBRELLA LIAB X OCCUR H16XC50670-00 10/30/2016 10/30/2017 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTION$0 $ C WORKERS COMPENSATION Y BOWC70B182 10I1I2016 10/1/2017 X PER OTH- AND EMPLOYERS'LIABILITY YIN sT TurE ER ANY PROPRIETORIPARTNER/EXECUTIVE NIA (Mandatory E.L.EACH ACCIDENT 81,000,000 DED? OFFICER/MEMBER EXCLU (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.LDISEASE-POLICY LIMIT 1$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required( Certificate Holder is included as additional insured/primary as respects general liability per forms CG 20 01 04 13 and CG 20 12 0413 and CG 2037 04/13. Certificate Holder is included as additional insured/primary as respects automobile liability per forms CA 88 10 01 13 and CA 88 66 05 13. Waiver of Subrogation is included on workers compensation policy per form WC 090402 RE:Tract 6130. The City of Fresno, its officers, officials, employees, agents and volunteers are additional insured as respects to General and Auto Liability insurance.This insurance is primary, and our obligations are not affected by any other insurance carried by such additional See Attached .. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fresno THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2600 Fresno Street ACCORDANCE WITH THE POLICY PROVISIONS. Fresno CA 93721-3603 AUTHORIZED REPRESENTATNE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BONAHOM-01 _ LOC#: AC" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 1%�- AGENCY NAMED INSURED Arthur J. Gallagher&Co Bonadelle Homes, Inc dba BN5499, LP 7030 N. Fruit, Suite 101 POLICY NUMBER Fresno, CA 93711 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE insured whether primary,excess, contingent, or on any other basis.Waiver of subrogation for Workers'Compensation insurance as respects to the City of Fresno, its officers, officials, employees, agents and volunteers. Excess Liability is Primary per the attached endorsement#HXCI 231 0814 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PAL1271659-00 COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Any State or Political Subdivision where required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. This insurance does not apply to: include as an- additional insured any state or a. "Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury" arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality;or 1. This insurance applies only with respect to b. "Bodily injury" or "property damage" operations performed by you or on your behalf included within the "products-completed for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these additional insureds, the following is added to However: Section III—Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we by law; and will pay on behalf of the additional insured is the b. If coverage provided to the additional amount of insurance: insured is required by a contract or 1. Required by the contractor agreement; or agreement, the insurance afforded to such additional insured will not be broader than 2. Available under the applicable Limits of that which you are required by the contract Insurance shown in the Declarations; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2012 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: PAL127165900 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Fresno 2600 Fresno Street, Room 4064 Re:Tract 6130 Fresno, CA 93721-3620 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is property damage caused, in whole or in part, by required by a contract or agreement, the most we your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 C Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 ®Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: PAL127165900 COMMERCIAL GENERAL LIABILITY CG 20 18 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Persons Or Organ lzatio!!s Designation Of Premises Any person or organization where required by written All premises owned, maintained or used by you. contract. Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to C. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to their liability as mortgagee, If coverage provided to the additional Insured is assignee, or receiver and arising out of the required by a contract or agreement, the most we ownership, maintenance, or use of the premises will pay on behalf of the additional insured is the by you and shown in the Schedule, amount of insurance: However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional 2. Available under the applicable Limits of insured only applies to the extent permitted by Insurance shown in the Declarations; law; and whichever is less. 2. If coverage provided to the additional insured is required by a contract or agreement, the This endorsement shall not increase the insurance afforded to such additional insured applicable Limits of Insurance shown in the will not be broader than that which you are Declarations. required by the contract or agreement to provide for such additional insured. B. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. CG 2018 0413 @ Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL AUTO CA 88 86 06 19 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLV. DESIGNATED INSURED - NONCONTRIBUTING This endor3ament modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless mnelifiad by*trig ondor4wnlont This endomemant identifies Person(a) or organizations) who are "Insureds" under the Who 13 An Inaured Pwviiluit ur the Cuirwrout:Furrrl.Tli1s untlorsuntent dotiy not alter coverage provided In Me coverage Form Schedule Name of Pemon(s)or Orgarkation(s): City of Fresno 2600 Fresno St, K Rm 4064 Fresno. CA 91721 Regarding Designated Contract or Project: Tract 6067 (Logan/Shields) Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Cov- erage, but only to the extent that person or organization qualifies as an "Insured" under the Who is An Insured Provision contained In Section II of the Coverage Form. The followina Is added to the Other Insurance Condition: If you have agreed In a written agreement that this policy will be primary and without right of contribu- tion from any Insurance In force for an Additional Insured for liability arlsina out of Your oueratlons.and the agreement was executed prior to the"bodily injury" or"property damage",then this insurance will be primary and we will not seek contribution from such insurance. d 2013 Libertv Mutual Insurance.All rights nnitried. CA 88 66 IS 13 Innludas copyrighted material of Insurance Services office.Inc.,with its perr.tissron. Pop 1 of 1 ReferenceConnect Document: RCG FORMS I Coverage Endorsements I CA 88 10-Busin... Pagel of 5 Document editions:01101/13 1 01/01/10 10910`1/08 RCG I Commercial Auto Forms 101/01/13 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS(including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE—BROADENED COVERAGE 10 GLASS REPAIR—WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN/LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II—LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II—LIABILITY COVERAGE,paragraph A.I.—WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However,"insured"does not include any organization that: (1) Is a partnership orjoint venture;or (2) Is an insured under any other automobile policy;or (3) Has exhausted its Limit of Insurance under any other automobile policy, Paragraph d.(2)of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form,other than a partnership or joint venture,of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted;or (3) To"bodily injury"or"property damage"that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II—LIABILITY COVERAGE,paragraph A.1.—WHO IS AN INSURED Is amended to include the following as an Insured: f. Any"employee"of yours while using a covered"auto'you do not own,hire or borrow,but only for acts within the scope of their employment by you, Insurance provided by this endorsement is excess over any other insurance available to any"employee". g. An"employee"of yours while operating an"auto'hired or borrowed under a written contract or agreement in that"employee's"name,with your permission, while performing duties related to the conduct of your business and within the scope of their employment Insurance provided by this endorsement is excess over any other insurance available to the"employee". 3. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II—LIABILITY COVERAGE,paragraph A.1,—WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered"auto', provided that you and such person or organization have agreed in a written contract,agreement,or permit issued to you by governmental or public authority,to add such person, or organization,or governmental or public authority to this policy as an"insured". However,such person or organization is an"insured': (1) Only with respect to the operation,maintenance or use of a covered"auto'; (2) Only for"bodily injury"or"property damage"caused by an"accident'which takes place after you executed the written contract or agreement,or the permit has been issued to you;and (3) Only for the duration of that contract,agreement or permit https://www.silveMiume.com/SPOnline/SPSagc.aspx?cmd=doc&id=RC34835&rd=18065... 12/4/2015 ReferenceConnect Document: RCG FORMS I Coverage Endorsements I CA 88 10-Busin... Page 2 of 5 4. SUPPLEMENTARY PAYMENTS SECTION II—LIABILITY COVERAGE,Coverage Extensions,2.a.Supplementary Payments,paragraphs(2)and(4)are replaced by the following: (2) Up to$3,000 for cost of bail bonds(including bonds for related traffic violations)required because of an"accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request,including actual loss of earnings up to$500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule,or similar protection,the following provision is added: SECTION II—LIABILITY,exclusion B.5,FELLOW EMPLOYEE does not apply if the"bodily injury"results from the use of a covered"auto"you own or hire. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4.Coverage Extensions of SECTION III—PHYSICAL DAMAGE COVERAGE,is amended by adding the following: If hired"autos"are covered"autos"for Liability Coverage,and if Comprehensive,Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any"auto"you own,then the Physical Damage coverages provided are extended to"autos": a. You hire,rent or borrow;or ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 7 b. Your"employee"hires or rents under a written contract or agreement in that"employee's"name,but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for"loss"in any one"accident"or"loss"is the smallest of: (1) $50,000;or (2) The actual cash value of the damaged or stolen property as of the time of the"loss";or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality,minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned"auto"for that coverage. C. Subject to the limit,deductible and excess provisions described in this provision,we will provide coverage equal to the broadest coverage applicable to any covered"auto"you own. D. Subject to a maximum of$1,000 per"accident",we will also cover the actual loss of use of the hired"auto"if it results from an"accident",you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any"auto"that is hired,rented or borrowed with a driver;or (2) Any"auto"that is hired,rented or borrowed from your"employee". For the purposes of this provision,SECTION V—DEFINITIONS is amended by adding the following: "Total loss"means a"loss"in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III—PHYSICAL DAMAGE COVERAGE,paragraph A.2.Towing,is amended by the addition of the following: We will pay towing and labor costs incurred,up to the limits shown below,each time a covered"auto"classified and rated as a private passenger type,"light truck"or"medium truck"is disabled: a. For private passenger type vehicles,we will pay up to$50 per disablement. b. For"light trucks",we will pay up to$50 per disablement, "Light trucks"are trucks that have a gross vehicle weight(GVW)of 10,000 pounds or less, C. For"medium trucks",we will pay up to$150 per disablement. "Medium trucks"are trucks that have a gross vehicle weight(GVW)of 10,001 —20,000 pounds. However,the labor must be performed at the place of disablement 8. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a.,Coverage Extension of SECTION III—PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500 ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc,with its permission. Page 3 of 7 haps://www.silveTtume.com/SPOnlinc/SPSage_aspx?cnid=doc&id=RC34835&.rd=18065,,. 12/4/2015 Reference Connect Document: RCG FORMS I Coverage Endorsements I CA 88 10-Busin... Page 3 of 5 9. RENTAL REIMBURSEMENT SECTION III—PHYSICAL DAMAGE COVERAGE,A.COVERAGE,is amended by adding the following: a. We will pay up to$75 per day for rental reimbursement expenses incurred by you for the rental of an"auto"because of"accident"or"loss",to an"auto"for which we also pay a"loss"under Comprehensive,Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the"accident"or"loss"to the covered"auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle,which in many cases may be substantially less than$75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality,up to a maximum of 30 days_ c. We will also pay up to$500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered"auto", d. This coverage does not apply unless you have a business necessity that other"autos"available for your use and operation cannot fill. e. If"loss"results from the total theft of a covered"auto"of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4.Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision,materials and equipment do not include"personal effects"as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III—PHYSICAL DAMAGE COVERAGE,A.COVERAGE,we will pay for the expense of returning a stolen covered"auto"to you. The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III—PHYSICAL DAMAGE COVERAGE,A,COVERAGE,is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an"auto"you own and that"auto"is stolen,we will pay,without application of a deductible,up to$600 for"personal effects"stolen with the"auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V—DEFINITIONS is amended by adding the following: For the purposes of this provision,"personal effects"mean tangible property that is worn or carried by an insured." "Personal effects"does not include tools,equipment,jewelry,money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III—PHYSICAL DAMAGE COVERAGE,B.EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy,the exclusion for"loss"relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty, However,we agree to pay any deductible applicable to the other coverage or warranty, 13. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III—PHYSICAL DAMAGE COVERAGE,B.EXCLUSIONS,exception paragraph a_to exclusions 4.c.and 4.d.is deleted and replaced with the following: ©2013 Liberty Mutual Insurance CA 88 10 01 13 -Includes copyrighted material of Insurance Services Office,Inc„with its permission. Page 4 of 7 Exclusion 4.c.and 4.d.do not apply to: a. Electronic equipment that receives or transmits audio,visual or data signals,whether or not designed solely for the reproduction of sound,if the equipment is permanently Installed in the covered"auto"at the time of the"loss"and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system,in or upon the covered"auto"and physical damage coverages are provided for the covered"auto";or If the"loss"occurs solely to audio,visual or data electronic equipment or accessories used with this equipment,then our obligation to pay for,repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN/LEASE GAP COVERAGE A. Paragraph C.,LIMIT OF INSURANCE of SECTION III—PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a"total loss"to a covered"auto"owned by or leased to you in any one"accident"is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered"auto"is subject at the time of the"loss"less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the"loss", b. Financial penalties imposed under a lease due to high mileage,excessive use or abnormal wear and tear, C. Costs for extended warranties, Credit Life Insurance, Health,Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the"total loss"of a covered"auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered"auto", I. Any amount representing taxes, j. Loan or lease termination fees;or https://www.silveiplume.com/SPOnline/SPSUe.aspx?cmd=doc&id=RC34835&rd=18065... 12/4/2015 ReferenceConnect Document: RCG FORMS I Coverage Endorsements I CA 88 10-Busin... Page 4 of 5 2. The actual cash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the"loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered"auto"that incurred the loss serves as collateral,or lease written on the covered"auto"that incurred the loss. C. SECTION V—DEFINTIONS is changed by adding the following: As used in(his endorsement provision,the following definitions apply: "Total loss"means a"loss"in which the cost of repairs plus the salvage value exceeds the actual cash value. A"balloon loan"is one with periodic payments that are insufficient to repay the balance over the term of the loan,thereby requiring a large final payment. O 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D.Deductible of SECTION III—PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D.Deductible of SECTION III—PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to"loss"caused by collision to such covered"auto"of the private passenger type or light weight truck with a gross vehicle weight of 10,000 Ibs.or less as defined by the manufacturer as maximum loaded weight the"auto"is designed to carry while it is: a. In the charge of an"insured"; b. Legally parked;and C. Unoccupied The"loss"must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered"auto"must exceed the deductible shown in the Declarations. This provision does not apply to any"loss"if the covered"auto"is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE,if two or more company policies or coverage forms apply to the same accident,the following applies to paragraph D.Deductible: a. If the applicable Business Auto deductible is the smaller(or smallest)deductible it will be waived;or b. If the applicable Business Auto deductible is not the smaller(or smallest)deductible it will be reduced by the amount of the smaller(or smallest)deductible;or C. If the loss involves two or more Business Auto coverage forms or policies the smaller(or smallest)deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group, SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS,Paragraph B.2.is amended by adding the following: If you unintentionally fail to disclose any hazards,exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form,the coverage afforded by this policy will not be prejudiced. However,you must report the undisclosed hazard of exposure as soon as practicable after its discovery,and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT,OR LOSS SECTION IV—BUSINESS AUTO CONDITIONS,paragraph A.2.a.is replaced in its entirety by the following: a. In the event of"accident",claim,"suit"or"loss",you must promptly notify us when it is known to: 1. You,if you are an individual; 2. A partner,If you are a partnership; 3. Member,if you are a limited liability company; 4. An executive officer or the"employee"designated by the Named Insured to give such notice,if you are a corporation. ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance services Office,Inc.,with its permission. Page 6 of 7 To the extent possible,notice to us should include: (1) How,when and where the"accident"or"loss"took place; (2) The"insureds"name and address;and (3) The names and addresses of any injured persons and witnesses 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Fitt.s://www.sil've lunic.com/SPOnline/SPSa e.as x?cmd=doc&id=RC34835&rd=18065... 12/4/2015 ReferenceConnect Document: RCG FORMS I Coverage Endorsements I CA 88 10-Busin... Page 5 of 5 SECTION IV—BUSINESS AUTO CONDITIONS,paragraph A.5.,Transfer of Rights of Recovery Against Others to Us,is amended by the addition of the following: If the person or organization has waived those rights before an"accident"or "loss",our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV—BUSINESS AUTO CONDITIONS,paragraph B.7.,Policy Period,Coverage Territory,is amended by the addition of the following: f. For"autos"hired 30 days or less,the coverage territory is anywhere in the world,provided that the insured's responsibility to pay for damages is determined in a"suit",on the merits,in the United States,the territories and possessions of the United States of America,Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an"auto"hired,leased,rented or borrowed with a driver. SECTION V—DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V—DEFINTIONS,definition C.is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, Including mental anguish, mental injury, shock,fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS,paragraph A.—CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium,we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc,with its permission. Page 7 of 7 ©Regional Companies Group https://www.silverplume.com/SPOnline/SPSage.aspx?cmd=doc&id=RC34835&rd=18065... 12/4/2015 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 02 C (Ed.9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5%of the applicable manual premium otherwise due on such remuneration subject to a policy maximum charge for all such waivers of 5%of total manual premium. The minimum premium for this endorsement is$350 This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Specific Waiver Person/Organization: City of Fresno Job Description: California operations Waiver Premium: 35000 Payroll Subject Class State to Waiver 8741 CA 1.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/01/2016 Policy No.:BOWC708182 Endorsement No., Insured: Premium$ Insurance Company:Oak River Insurance Company WC 99 04 02C Countersigned by____ (Ed.9-14) Houston Casualty Company Houston, TX Endorsement Effective Date Policyholder Policy Number Endorsement 10/30/2016 Bonadelle Homes, Inc. DBA Bonadelle H16XC50670-00 002 Neighborhood THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This insurance is issued pursuant to the California Insurance Code, Sections 1760 through 1780, and is placed in an insurer or insurers not holding a Certificate of Authority from or regulated by the California Insurance Commissioner. NON-CONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under this policy. SECTION IV—Conditions, paragraph 7. Other Insurance, is deleted in its entirety and replaced by the following, which supersedes any provision to the contrary: 7. This policy is excess over any other valid or collectible insurance, whether primary, excess, contingent or any other basis. However, this provision will not apply if: 1. The other insurance is written specifically to be excess over this policy; or 2. Solely with respect to additional insured coverage, you have agreed in a written contract, signed prior to the date of "injury or damage", that the applicable underlying policies identified in the Schedule of Underlying Insurance and any subsequent policies identified in the Schedule of Underlying Insurance will apply before any other valid or collectible insurance. This endorsement does not change any other provisions of this policy. Hy A;AAd rluthowed R�rsssnGa:- HXC1 231 0814 Page 1 of 1 Subdivision Agreement Final Map of Tract No. 6130 Page 11 e. This Section shall survive termination or expiration of this Agreement. 11. Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than"A-VII"in Best's Insurance Rating Guide,or(ii)authorized by City's Risk Manager. The following policies of insurance are required: a. COMMERCIAL GENERAL LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office(ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability(including indemnity obligations under this Agreement),with limits of liability of not less than $5,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $5,000,000 aggregate for products and completed operations, and $10,000,000 general aggregate. b. COMMERCIAL AUTOMOBILE LIABILITY insurance,which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto), with combined single limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. C. WORKERS' COMPENSATION insurance as required under the California Labor Code. d. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. Subdivider shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Subdivider shall also be responsible for payment of any self-insured retentions. Subdivision Agreement Final Map of Tract No. 6130 Page 12 The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage,except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Subdivider shall provide a new certificate evidencing renewal of such policy(ies) not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Subdivider shall file with City a new certificate and all applicable endorsements for such policy(ies). The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies)of insurance shall be endorsed so Subdivider's insurance shall be primary and no contribution shall be required of City. In the event claims-made forms are used for any Professional Liability coverage, either(i)the policy(ies)shall be endorsed to provide not less than a five(5) year discovery period, or(ii)the coverage shall be maintained for a minimum of five (5)years following the termination of this Agreement and the requirements of this Section relating to such coverage shall survive termination or expiration of this Agreement. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City,its officers,officials, agents, employees and volunteers. Subdivider shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's execution of the Agreement. Subdivider shall furnish City with copies of the actual policies upon the request of City's Risk Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement. The fact that insurance is obtained by Subdivider or his/her/its subcontractors shall not be deemed to release or diminish the liability of Subdivider or his/her/its subcontractors including without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify Subdivision Agreement Final Map of Tract No. 6130 Page 13 City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Subdivider or his/her/its subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Subdivider, its principals, officers, agents, employees, persons under the supervision of Subdivider, vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly by any of them. If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the Director of Public Works for the City, or his/her designee, may order that the Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. If Subdivider should subcontract all or any portion of the services to be performed under this Agreement, Subdivider shall require each subcontractor to provide insurance protection in favor of City, its officers, officials,employees,volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors'certificates and endorsements shall be on file with Subdivider and City prior to the commencement of any work by the subcontractor. 12. The Subdivider and his subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the Improvements contracted to be done,and for any work or laborthereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor. 13. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to Section 2-11 of the City Standard Specifications, Subdivision Agreement Final Map of Tract No. 6130 Page 14 entitled"Materials Acceptance Testing." Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by the Subdivider. 14. The Subdivider shall comply with Street, Plumbing, Building, Electrical,Zoning Codes and any other codes or ordinances of the City. 15. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 16. Whenever the Subdivider varies the period during which work is carried on each day, it shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the City Engineer will be subject to rejection. The inspection of the Improvements shall not relieve the Subdivider of any obligation to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or City Inspector and accepted. 17. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or Subdivision Agreement Final Map of Tract No. 6130 Page 15 the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision in strict compliance with all rules and regulations established by the San Joaquin Valley Air Pollution Control Board. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph,the City Engineer shall give notice to the Subdivider to comply ("Notice to Comply") with the provisions of this paragraph forthwith. If in the opinion of the City Engineer the Subdivider's failure to comply with the provisions of this paragraph is having an immediate and significant impact on the public's health, safety and welfare, the City Engineer may immediately issue a stop work order until the City receives reasonable assurances that the Subdivider shall comply with the provisions of this paragraph forthwith. Such notices and stop-work orders may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notices and stop-work orders may be mailed to the Subdivider at his address on file with the City Engineer. If the City Engineer has issued a Notice to Comply and within twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as it may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefore,the entire cost to City of such sprinkling or treating. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen(14)calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations.