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HomeMy WebLinkAboutT-6153 - Certificate of Insurance - 10/25/2017 GLENE-1 OP 1 7 KC ,A�oRL) CERTIFICATE OF LIABILITY INSURANCE DATE 09/28/2/117 09128!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 pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain pandas may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsemerlt s. PRODUCER 559-233.0123 CpMTj_ Kim Cameron Agri-Center Insurance Agency {PfI[jEONE 559-233-0123 FAx 559-266.8858 2650 W.Shaw Lane,Suite 1102 No,Eat); INC No):__ Fresno CA 93711 xs im@ agncen er nsulrance.com Martin iAcCutlbin - --INSURERIS)AFFORDING COVERAGE cA _ INSURER A:First Mercury Insurance Co INSURED Copper River Ranch INSURERS.State Compensation Ins.Fund 35076 11326 G,LLC Navigators Insurance Company 42307 11326 Cilencastle Way INSURER C, g P Y Fresno,CA 93730-7003 West American Insurance Co 44353 _ INSURER E INSURER F: COVERAGE CERTIFICATE NUMBER: _ EVISI 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 AIIDL SUER POLICY NUMBER POLICY EFF POLICY 2XP LIMITS A X COMMERCIAL GENERAL LIABILITY 1 00O 004 EACH OCCURRENCE _ _ _9L _---�—�_ -^I CLAIMS-MADE I�OCCUR X X ;ICACGL000006802602 10101/2017 10101/2018 PR�Sfat � S 60,000 MED EXP fAny ane ars EXCLUDED PERSONAL&ADV INJURY y 1,000,000 _$,EWL AAGRE49A7E LIMIT APPLIES PER:J GENERAL AGGREGATE S 2,000,000 POLICY[X] PEET n LOC PRODUCTS-QOMPIOP AGr I S 2,000,000 tt. (RETENTION s 10,000 D AUTOMOBILE LIABILITY COM8181NFO SINGLE LIMIT S 1,000,000 ANY AUTO X X IBAW57052803 12108/2016 12/06/2017 BODILY INJURY LPer er _ OWNED SCHEDULED - -- AUTOS ONLY X AUTOS BODILY INJURY(P2r. AXAer �yMEUTOS ONLY oTONY r1 aScJ`denl E _ AG i C UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 9,000,000 X EXCESS LIAB CLAIMS-MADE SF17EXC7256931C 10/01/2017 10/0112018 -AGGREGokTE S 9,000,000 I DED I RETENTIONS _ s B WORKERS COMPENSATION I X PER OTH- AND EMPLOYERS'LIABILITY YINI ER_ ANY PROPRIETOR/PARTNER/EXECUTIVE X 1300471917 01/27/2017 01/2712018 El EACHACCIDENT1,000,000 pFFICERIMEMBER EXCLUDED? N I A ._ _ _ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under 1,000 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Addlllonal Remarks Schedule,may be attached If more space Is required) SEE NOTES RISK MAA MENT DIVISION Approved: Appro ariges: I1. l �- CERTIFICATE HOLDER CANCELL TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF FRESNO THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 2600 FRESNO STREET ROOM 4064 FRESNO,CA 93721-3620 Martin ED REPRESENTATIVE t Martin McCubbin ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD GENE-1 PAGE 2 NOTEPAD INSURED'S NAME Gleneagles Homes ACA Corp OP ID: KC Dale 09/28/2017 - -. ........... The City of Fresno, its officers, officials, agents, employees, and volunteers are included as additional insured as respects to general liability per attached £arca CG 20 12 04 13 and the auto policy per forma CA 20 48 02 99 & CA 88 66 05 13 attached. Primary and Ncncont.ibutory applies to GGnesal l,iabilty pas attached form CG 2001 0413. In regards to the Excess Liability, Primary and Noncontributory applies per attached form RAV-EXC-340A (0 11) . 30 Day Notice of Cancellation, 10 Day Notice for non-payment COMMERCIAL GENERAL LIABILITY CG 20 12 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This end orsementmodifies insurance provided underthefolloWng: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Gouernmental Agency Or Subdivision Or Political Subdivision: - T City of Fresno Public Works Department 2600 Fresno St Rm 4064 Fresno,CA 93721 Informallon r- aired 10 Cera lelethisSchrxluln if not shmn above,Wil be shown iiithe Declarations. A. 5ecti0t' 11 -Who Is An InSUrecl Is amended to 2 This insurance does not apply to: Include as an adclitional insured arly state or a, "$r,xii�+ Injury," 'prnfrrrly damage" or goveninient�al agerioy or subdivision or liltcal "personal,arid advcatlising in'ury"arisiirg out sulxlivisinn slics�vn in Ilve 5di Pule, snb]act lcs the of aporatioris perforniod or tho fodotal fc�!{awing I�rovisicrns; government,slate or municipality;or 'f_ This insurance applies only vdih resperi to b. "Bodfly injury" ar "propert dar7iac:," cpernlions performed by you or on yow Ixahall Incirtdad vi�lhin the "products-camplQ od far which the stats:nr governmental agency ar „ suhrlivislon or polilicai sul&,ri:,iart Iris Issued a operallonz Nizard. porrnil ar authorizalion. B. Will fes�vcl lu the Insurtinco affordod to these However. addilional insusecls, slier following Is added to Section 111-Limits Of lnsurarice:: a. 1-110 insurance afforded to such addilfonal If cxivcar� .c provlcleci to the additional Insured Is irrsural only applirrs to the extent permitted requirm y a coniraa or agreement,Ilia most wn by law,and will pay ire belialf of the additional Insured is tho b. It coverage provided to the addilienal amount of insurance; instircxl is required by a conlract or 1. Requl red by the contract or agreement;or agroorneril, the insurarlrn rlffcaslerl to stictr addiflcrial lusurrxt will not bo tirc*ciur Ilrztri 2 Available tinder the applicabb Limits of Ihit vubir:h you Kira ro uirad by Ilia Conlra(I insurance showi in the Nc:larations; or agreanirnut to provide for such additional whichever is less, lnsurecl. This endorsomeni:Ball not increase the applicable Lrmils of Insuranceshown in the Declaralions, CG 20 12 0413 ©Insurance Services office,Inc.,2012 Page 1 of 1 CACGL00000680250i CO M YR M GMERAI.L1MILITY 0020010418 TI•M 1"'Nr)(]I OVEr1NT 014ANG,NO Y1•il:Nal_loy. fll..k.$I--Nr'Al]I'r oAf�Wl�ULl-.Y. PRONIARY AND I\IC NCONTR513U T cRy- OThIER MISU RA4NCE 1.1o,}IIDD%7111 '11118 olrdal'eelmill IrIorIlllla a Maui-01,00 proVided andel'the rollowln8: CC1NEilrfi-.'IiONIOf? 'ISI.UADILI7YG�qW AGE PAI-I'1' pFtol�t][27slrin !1_:rED rfl' I�d11'IVIVr�l.l�ull.i'IY r��i t RAaG,I'AII1' Ilio rol1owll>8 Is added In the Otltt�I htunrauae Oondlllon and super doe Lilly provlsl0n to Iloeonlraly: fel•ImaryAlu W011colAributaylilsurrmc:n (2) Y011 1111YO 001-1RUCI III V61 iln0 In n cal MI pr 'f111a inatlrollm 1s 1rrhr►7ty In artrl uAII 1141 nsala• rglucilrvlli Ilzel Ihl:) IIItOra4[ta WILId Irn 0a111dbl1lloll rr011I ally nllxar I11sun•ruice rlvollufala I�r IR'IImIy rlildWNlld I%ni a�oIt C.01 11191 I'Mis1 Em 009011111 11laured tllAir your-llcilluy Ilruvlrlccl mly oil IM.him ImlIGa rus'llehlo to I[Iawk1N1a1MI 11IM: 111cm-ed, ('I) 7110 40t40481 hi4ged Is a Ncoed Inaured Olders►mob otherinstlnlnce;cllcr -co g0 0.1 04'1.3 ®Ill auranco'swV10ea Ofam,1110"2.0.12 Page 1 or 1 t , T1.115 ENDORSEMENT 01-IANGES TI•IC POLICY.PLL""A3CRl:AD IT CAREFULLY. CA 20 48 02 99 DrSIGNATEn I111SIJRED ENDORSEMENT The endorsement modifies Insurance provided under the following: 13USINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM 1 TRUCKERS COVERAGE FORM REM Wllh respect to coverage provided by this endorsement, the provlslons of tho CoVorage Form apply unless modlfled by the endorsement. 1 This endorsement Identifies parsons) or organlxation(a) who are "Insurecls" under [lie W-10 IS AN IN., SURER povialon of the Coverage Form. 'fills enclorsoment does not clic; coverage provided In the Cov- Grego F011n. Mai Ems This endorsement changes the policy effective on the Inception date of the polloy unless another date Is l Indiceled be1mv. Endorsement Effective Policy Number T BA1457052803 Named In911)'ed _ Coy s ie _ (Authorized Representative) SCHEDULE Name of person(s)or Organlzation(s) City o� Fxasna (If no entry appears above, inlopliatIoll required to complete this endorsement will be shown In the.Deolgra- lions as appllcatle to tills endorsement,) Enab person or organlzallon shown In the Sohedule Is an "insured" for LIABILITY COVERAGE,but ality to Ilio extent that pef5091 ar UrgarelTalion quaillIns as an "insufed' under (lie WHO Is AN INSURED provlslon contained In SECTION 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Sefvlces OHtce, Inc.,19aa page 1 of g POLICY #13AW57052803 ' COMMI.V11CIAL AUTO CA 88 80 0613 'I'HIS ENDORSEMENT CHANGES THE:POLICY,PLEASE DEAD IT Wr_-PULLY, 0ESIGNTED IMSURI;© .- NONCONTRIBUTING This endorsement modifies Insurance provided wider the following: 13USINESS AUTO COVERAOEFORM GARAGE COVEROE row MOTOR CARRII✓RCOVERAOFFORM TRUCICCIZ3 COVERAGE=f;0JjM With respect to covelesge provicled by this endorsement, the provisions of Iia Coverage 1=orin opply unless Modified by this endorsenient, This ehdoreornent Idenlifies persons) or nrganlz2lloni:.) who are"I1161+r its° under the Who Ic An Insured Provision or the Covsf%e Fonn, This endorsement 000, not alter coverage provided In the CoW:'ar;n Form. Schedule Narno of poroon(s)or OrganhaUon(a); QL11Y' a? Vre,ano Regarding Deelgnated Contract or project; City of Fresno F_ach person or organivatiorr shown In the Schodula of this ondnrsement Is an"losured" for Lfablllly Cov- efagn, Ixut only to NO extent that person or organt'rallon quallltes tts an"tnsrlin.l" under the Who I$An lllsflrecl Provision eontQh7ed In Section Il of the CoverRrde Forlli. The(ollowing Is added to the Other Insurance Condition; If yur; I'Wa agrQacl In El wrillen ahreament that this policy will be prlmny and vlilhoui right of conldbu. lion from any Insurance In force for an Additional Inswed for liability arlsing cut of your operations, and the agreement Was executed prhjr to tlle'1iodity Injury" or"properly clamnge', then this Irssrnr:mce will be pfiniary and we will not seek contribution from such Insurance, fulseCA0Q 66 05 93 Includes copyrighted mlodI oInsanes�ouvN;a OiceInawllh Its permission. page 1 of 7 ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION 9004719-17 RENEWAL NE 2-78-20-50 PAGE 1 HOME OFFICE SAN FRANCISCO EFFECTIVE JANUARY 27, 2017 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING JANUARY 27, 2018 AT 12.01 A.M. AT 12;01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME GARY MCDONALD HomES 11326 N GLENCASTLE WAY FRESNO, CA 93730 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING. IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF FRESNO WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, GARY MCDONALD HOMES IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JANUARY 17, 2017 2570 PRESIDENT AND CEO SCIF FOAM 0217(R6V.7.20141 OLD oP 217 COMMERCIAL EKCE$9 LIAMILITY THIS ENUNUMENT 014ANDE$THE POLION. PLEAK MEAD IT CAREFULLV, AMENDMENT OF CONDITIONS OTHER INSURANCE P131MARY AND NON-CONTRIBUTING This endorsement modirles Insurance provided tlndar ilia following, COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE When required by writlen contraot executed before the"loss." A. Seotlon IV-Cpnditlane,9.Other Insurance Is deleted and replaced by the following: 9. This Insurance Is excess over any olherinsurance available to the Insured exoept: u. Insurance that Is purchasad specifically to apply In excess of this policy;or b.. ir:soronee eveihrhle to Ilia parepn or organization OlDvrii In the t ohodole of this onduraentont mq an witilitonal Ensured on the'bonht.ilki3 i underlylnq Insurance.' 13. When thls Insurance appilas an R Pftlry gild'inn-contrlbullno basis,the Limits of hrsuranco evallabie-lor the addliion7{Insured will be the lesser ol: I the amounts shown In Ilam 3 of the Declnrollons of this policy,or 2. the ars otint of lflsuranue you ore required to provide the additional Insured In the written conem,t or agreement. All other terms 01 11110 pclie)+ramaln unchanged. WAV-EW-348A(ot/f t) I+lavlgators Specialty Insurance Company page t of 1 "ontalne oapyrlohl'm nlalrrlel of the Insurance Seivlces 011ina,Ina.wIlh IIs Iiermisslon. Subdivision Agreement Final Map of Tract No. 6153 Page 10 (whether in contract,tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Subdivider or any other person, and from any and all claims,demands and actions in law or equity(including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiffs or petitioner's attorney's fees if awarded, in connection with City's defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the work or improvements by Subdivider and Subdivider's employees, officers,agents, contractors or subcontractors;(iv)the design, installation, operation, removal or maintenance of the work and improvements; or(v) City's granting, issuing or approving use of this Agreement. b. Subdivider's obligations underthe preceding sentence shall apply regardless of whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability,fines, penalties,forfeitures,costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees, agents or authorized volunteers. C. If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs "a" and "b" of this Section. Notwithstanding the preceding sentence, any subcontractor who is a"design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in paragraphs "a" and "b" of this Section, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties,forfeitures, costs and damages(whether in contract,tort or strict liability, including but not limited to personal injury, death at any time and property damage),and from any and all claims, demands and actions in law or equity(including reasonable attorney's fees and litigation expenses)that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement. d. Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of Subdivider at all times prior to final acceptance by City of the completed street and other improvements thereon and therein. Subdivision Agreement Final Map of Tract No. 6153 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. 6153 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. 6153 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 labor thereon 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. 6153 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. 6153 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.