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HomeMy WebLinkAboutT-6126 - Certificate of Insurance - 9/20/2017 AC"#?" CERTIFICATE OF LIABILITY INSURANCE DAM(MMIDD/YYYY) lk . 9/1/2017 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(les) must 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 UOZEAc`r Kelley Gubernick _ Gore Lieske&Associates Insurance Brokers, LP PHONE 714-505-7000 FAX 714-573-1770 15901 Red Hill Ave Suite 100 tAlc.s°�` Tustin CA 92780 &MAIL ,kgubernick@gorelieske.com INSURERS AFFORDING COVERAGE NAJC p INSURERA:OLD REPUBLIC INS CO :24147 INSURED LENNA-1 INSURERB:RLI INS CO 13056 Lennar Corporation and all its Subsidiaries INSURER C:Underwriters at Lloyds 15792 25 Enterprise Aliso Viejo, CA 92656 INSURER D; INSURER E rNSURERF: COVERAGES CERTIFICATE NUMBER: 1784225919 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. fm AVIK TYPE OF INSURANCE 1�8R T POLICY T"FF POLIMITS J D Vivo POLICY NU M/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y RIS MWZY311005 9/1//2f0i177 9/1/2018 EACH OCCURRENCE $7,500,000 CLAIMS-MADE ❑X OCCUR �IS� MA�ENT N r`VI IN occurrenceDAMAUE TO RENTED $2,000,000 A p`oved: MED EXP(Anyone person) $N/A A pl anges: +1� PERSONAL&ADV INJURY $7,500,000 GEN'L AGGREGATE LIMIT APPLIES PER: { I Oslll GENERAL AGGREGATE $7,500,000 RO- X POLICY❑JECT E LOC gn d Date PRODUCTS-COMP/OPAGG $10000,000 OTHER: B AUTOMOBILE LIABILITY Y CAP9505842 9/1/2017 9/1/2018L $ E LI Fa acadenJ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS X AUTOS NON-OWNED $ AUTOS Per accident C UMBRELLA LIAB X OCCUR B0595XR5178017 9/1/2017 9/1/2020 EACH OCCURRENCE $4,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED RETENTIO19$ $ A WORKERS COMPENSATION Y MWC31100400 9/1/2017 9/1/2018 XER AND EMPLOYERS'LIABILITY TATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y7 NIA E.L EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED' (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Advanced Construction permits and subdivision agreement for Tract 6126 only. The City of Fresno, its officers,officials, employees,agents and volunteers are additional insured as respects to General Liability per attached CG 2010 04 13, CG 20 37 04 13 and CG 20 12 04 13 and Auto Liability per attached TRS 601 11 06.This insurance Is primary, and our obligations are not affected by any other insurance carried by such additional insured whether primary,excess,contingent, or on any other basis per attached CG 20 01 0413 ,Waiver of subrogation endorsement as respects to the City of Fresno, its officers, officials, employees,agents and volunteers for Workers'Compensation applies per attached WC 0a 03 13.Waiver of Subrogation applies to the 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,Room 4064 ACCORDANCE WITH THE POLICY PROVISIONS. Fresno CA 93621-3620 AUTHORIZED REPRESENTATIVE Ok-A- C 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LENNA-1 LOC#: 'l ACC]rrei ADDITIONAL REMARKS SCHEDULE Page 1 _of 1 AGENCY NAMED INSURED Gore Lieske&Associates Insurance Brokers, LP Lennar Corporation and all its Subsidiaries 25 Enterprise POLICY NUMBER Aliso Viejo, CA 92656 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 General Liability per attached CG 24 04 05 09. Primary and Noncontributory applies to the Auto Liability per attached endorsement MANC 662 03 13. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MWZ'311005 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: As required by written contract or agreement 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 contract or 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 20 12 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 MWZY 311005 Cennar Corporation 0910112017-09/01/2018 POLICY NUMBER: MWZY 311005 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations As required by written contract or agreement. On File With Company "It is further agreed that such insurance as is afforded by this policy for the benefit of the additional insured shall be primary insurance,and any insurance maintained by the additional insured shall be excess and non-contributory with the insurance provided hereunder. Information required to complete this Schedule, if not shown above, will be shown in the Declarations, CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 MWZY 311005 Lennar Corporation 09/0112017-0910112018 POLICY NUMBER: MWZY 311005 A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance attorded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance duns iiul apply Lu "budily injury" ui damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury ui damaye arises Itas been pul lu ils 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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, C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 04 13 MWZY 311005 Lennar Corporation 09 0112017-09/01/2018 POLICY NUMBER: MWZY 311005 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 As required by written contract or agreement On File With Company "It is further agreed that such insurance as is afforded by this policy for the benefit of the additional insured shall be primary insurance, and any insurance maintained by the additional insured shall be excess and non-contributory with the insurance provided hereunder." 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 organizatlon(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 Required b the contract or agreement; or included in the products-completed operations q y 9 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 04 113 C Insurance Services Office, Inc., 2012 Page 1 of 1 MWZY 311005 Lennar Corporation 0910112017-09/01/2018 POLICY NUMBER: MWZY 311005 COMMERCIAL GENERAL LIABILITY CG 20 010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modes 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 0104 13 *insurance Services Office, Inc.,2012 Page 1 of 1 MWZY 311005 Lennar Corporation 09/01/2017-0910112018 POLICY NUMBER: MWZY 311005 COMMERCIAL GENERAL LIABILITY CO 24 04 06 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: If required by written contract or agreement Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard", This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 1 MWZY 311005 Lennar Corporation 09/01/2017-09/01/2018 Policy Number: CAP9505842 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: TRUCKERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM GENERAL LIABILITY COVERAGE FORM EXCESS INDEMNITY COVERAGE FORM MOTOR TRUCK CARGO COVERAGE FORM COMMERCIAL EXCESS LIABILITY POLICY MOTOR CARRIER COVERAGE FORM The provisions of the Coverage Form apply unless modified by this endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 09/01/2017 Named Insured: Lennar Corporation Additional Insured shall include any organization where shown on a Certificate of Insurance or to whom the Named Insured is obligated by virtue of a written contract or agreement to provide insurance but only as respects the operations of the Named Insured, ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. TRS 601 (11/06) Page 1 of 1 Number: CAP9505842 R1.1 lnm-,mce Compon\ TIIIIS ioLwi'. PLEASE READ IT(•AIMFULLY. PRINIARYAND NONCONTRIBUTORY - OTHER INSURANCE CONDITION Endorsement Effective: FIILIOP�011]Cllt 1'041C 1):itel NallICLI Ill.,UlVd: L.ellll',Il-Corporation Thi,, endorsement inmran" pi-m-ided UllLICF the CONINIERCIIAL AUTO I.I.NBILITY C()'Y'ER,\C;11: PAR I' The I"011MVillc is added to the ()tllCl' IIISLH-aHICC CNILlit[011 and suprrsr�le� ,uty i ion to the cmitrary Primary And NollCOIRrilmory ill,-Ul'dllCC This insurance k primary to and \4 ill not Neck contrilitititm from am, other inmir-ance iwaiiai)ic i, an additional insured Ulldff)'01,11'IIOHC} provided that: i I ) 'me ildditIO11,11 il"ISUred is NalllCd Insured LlllLICl—,LlC11 other instiraacu; MILI (21 YOU ha, ea-rced in wrUML, in a Contract or -'ruelliclit that dli,, 'I llSUl-,lllCC WIMICI he tIld \%ould not seek contrihi-Iti011 t'l'olll illl\ other 111SLO-UnCe ilv,Iilahlo Io the additional ill',LINd, ALI, OTHER'rE.R-N1S. CONDITIONS AND EXCLUSIONS REMAIN UNCHANCED. NIANC 662 (03;lit PaeC 1 of I WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 POLICY NUMBER: MWC 311004 00 WAIVER OF OUR RIGHTTORECOVER FROM OTHERS ENDORSEMENT 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 cxlent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule AS REQUIRED BY CONTRACT OR AGREEMENT 0 1983 National Council on Compensation Insurance. INSURED COPY Subdivision Agreement Final Map of Tract No. 6126 Page 10 10. Indemnification. a. To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers 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) 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. Subdivision Agreement Final Map of Tract No. 6126 Page 11 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. 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. Subdivision Agreement Final Map of Tract No. 6126 Page 12 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. 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. Subdivision Agreement Final Map of Tract No. 6126 Page 13 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 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