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HomeMy WebLinkAboutT-5538 - Certificate of Insurance - 3/30/2018 DATE(MM/DD/YYYY) �`(✓o CERTIFICATE OF LIABILITY INSURANCE 03/1912018 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 o REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. In IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.it SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this w certificate does not confer rights to the certificate holder in lieu of such endomement(s). CD PRODUCER CONTACT a Awl Risk Services Southwest, Inc. (666) 263-7122 FAX (800) 363-0105 9 Callas ce Office RISK MANAGEMENT QIVISI' ll'S�+aL t) o CityPlace Center East 2711 North Haskell Avenue ,J ` '+ DREss: _ Suite 800 Approved y[�' INSURER(S)AFFORDING COVERAGE NAIC# Dallas TX 75204 USA / INSURED ❑ INSURER A: AIG Specialty Insurance Company 26883 western Pacific HOusinq, Inc. INSURER B: The Ohio Casualty Insurance Company 24074 1341 Horton Circle Arlington TX 76011 USA INSURER C: Liberty Mutual Fire Ins Co 23035 !•�� �?� Signed Date INSURER D: Liberty Insurance Corporation 42404 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570070473220 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. Limits shown are as requested ADD INSR LTR TYPE OF INSURANCE INSD POLICY NUMBER w{ M POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY RMGGL EACH OCCURRENCE $5,000,000 SIR applies per policy �er• ts & conditions $50,000 CLAIMS-MADE �x occuR PREMISES Ea occurrence X SIR$500,000 MED EXP(Any one person) EXCl uded PERSONAL&ADV INJURY $5,000,000 R 000 $5, ,000 a GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE r X POLICY E]JECT LOC PRODUCTS-COMP/OPAGG $5,000,000 0 OTHER: r C AUTOMOBILELLABILITY As2-651-288173-037 07/01/201707/01/2018 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) Z OWNED SCHEDULED BODILY INJURY(Per accident) � AUTOS ONLY AUTOS PROPERTY DAMAGE V HIRED AUTOS NON-OWNED Per acciden w ONLY AUTOS ONLY t L I - Q BUMBRELLA LIAR OCCUR EU01855519698 07/01/2017 7/01/2018 EACH OCCURRENCE 55,000,000 L) X X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 IDED I RETENTION D WORTS ERS CO MPENSATION AND 'WA765DZ88173017 07/01/201707/01/20113 X PERSTATUTE ETRH. EMPLOYERS'LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE Y� w�7651268173027 0]/01/2017 0]/01/201$ E.L EACHACCIDENT $1,000,000 /M OFFICEREMBER EXCLUDED? N I A (Mandatory in NH) MN, WI E.L DISEASE-EA EMPLOYEE $1,000,000 If yos,deBWbO under DESCRIPTION OF OPERATIONS bebw EL DISEASE-POLICY LIMIT $1,000,000- DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Tract NO. 5538. i City of Fresno, its officers, officials, agents, employees and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability evidenced herein are Primary and Non Contributory to other insurance available to an Additional insured, but only in accordance „ with the policy's provisions. A waiver of Subrogation is granted in favor of City of Fresno, its officers, officials, agents, employees and volunteers in accordance with the policy provisions of the workers Compensation policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Fresno AUTHORIZED REPRESENTATIVE Attn: Jon Bartel Fresno Street, 4th Floor Fres Fresno CA 93721 USA IQCM ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number AS2-651-288173-037 Issued By: Liberty Mutual Fire Insurance Co. SCHEDULE OF ADDITIONAL INSURED - LESSOR(S) The lessor is an additional insured according to the endorsement which applies in the state of leased vehicles garaging. Addtional Insured-Lessor(s) Any lessor who has a written contract or agreement requiring you to provide primary coverage for the vehicle(s) specified in the lease. ACS 00 11 11 11 A Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT#166 This endorsement, effective 12:01 A.M.0210112018 Forms a part of Policy No.: RMGGL 159-54-49 Issued to: D.R. Horton, Inc. By: AIG Specialty Insurance Company 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: GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental AgcncF Or Subdivision Or Political Subdivision: The City of Fresno,its officers,officials,employees,agents and volunteers 2600 Fresno Street,Room 4064 Fresno,CA 93721 Information required to com lcte this Schcdulc"if not show n ahovc,will he shown in the Declarations. A.Section II-Who Is An Insured is amended to include 2.This insurance does not apply to: as an additional insured any state or a.'Bodily injury","property damage"or governmental agency or subdivision or political "personal and advertising injury"arising subdivision shown in the Schedule,subject to out of operations performed for the Federal the following provisions: government,state or municipality;or b."Bodily injury"or"property damage"included 1.This insurance applies only with respect to within the"products-completed operations performed by you or on your behalf operations hazard". for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a.The insurance afforded to such additional insured only applies to the extent permitted by law;and b.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. All other terms,conditions,and exclusions shall remain the same. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT# 164 This endorsement, effective 12:01 A.M. 07/01/2017 Forms a part of Policy No.: RMGGL 159-54-49 Issued to: D.R. Horton, Inc. By: AIG Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: GENERAL LIABILITY AND PROFESSIONAL LIABILITY OCCURRENCE DECLARATIONS SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION The City of Fresno, its officers, officials, employees, agents and volunteers LOCATION: 2600 Fresno Street, Room 4064, Fresno, CA 93721 Section Il. Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. This insurance is primary and noncontributory as respect to any loss or liability arising directly or indirectly from the insured's operations. All other terms, conditions, and exclusions shall remain the same. Policy Number: AS2-651-288173-037 Issued by: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED-NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s)or Organizations(s): The City of Fresno, its officers, officials, employees, agents and volunteers Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an"insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form- The following 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 contribution from any insurance in force for an Additional Insured for liability arising out of your operations, 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. AC 84 23 08 11 ©2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Endorsement number 5 for policy number AS2-651-288173-037 Named Insured D.R. Horton, Inc. This endorsement is effective 07/01/2017 and will terminate with the policy. It is issued by the company designated in the Declaration. All other provisions of the policy remain unchanged. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Change Endorsement PREMIUM ADJUSTMENT The following form(s) and/or endorsement(s) are added with the effective date of 03/20/2018: AC 84 23 08 11, Designated Insured - Noncontributing Issued:Liberty Mutual Fire Insurance Co. IC9999 10-11 Policy Number AS2-651-288173-037 FORMS INVENTORY COVERAGE FORMS PARTS AND ENDORSEMENTS FORMING A PART OF THIS POLICY AT INCEPTION: Listed below are possible coverage forms and the states in which they apply. CA 00 0103 06 FL, HI, VA CA 00 0110 13AK, AL, AR, AZ, CA, CO, CT, DC, DE, GA, GU, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VI, VT, WA, WI, WV, WY Applicable to Form Number Form Description Coverage Form IC9999 10-11 Change Endorsement ACS 00 26 04 13 Forms Inventory AC 84 23 08 11 Designated Insured-Noncontributing ACS 00 26 04 13 C 2012 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 POLICY NUMBER: AS2-651-288173-037 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respectto coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s)Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Premium: $ INCL Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 4410 13 ©insurance Services Office, Inc., 2011 Page 1 of 1 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 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of$250 Person or Drga�n Job Description Where required by contract or written agreement prior to loss and allowed by law. Issued by Liberty Insurance Corporation21814 For attachment to Policy No.WA7-65D-288173-017 Effective Date Premium$ Issued to D.R. Horton,Inc. WC 04 03 06 Page 1 of 2 Ed:04/1984 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ENDORSEMENT# 115 This endorsement, effective: 12:01A.M. 0710112007 Forms a part of Policy No.: RMGGL 159-5449 Issued to: D. R. Horton, Inc. By: AIG Specialty Insurance Company WAIVER OF SUBROGATION (BLANKET) It is agreed that we, in the event of a payment under this policy, waive our right of subrogation against any person or organization where the insured has waived liability of such person or organization as part of a written contractual agreement between the insured and such person or organization entered into prior to the `occurrence" or offense. All other terms, conditions, and exclusions shall remain the same. EXCESS LIABILITY CE 88 29 02 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: EXCESS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Fresno, its officers, officials, employees agents and volunteers - 2600 Fresno Street, RM 103 Fresno, CA 93721 3 � o A. The following is added to Condition I.Other Insurance under SECTION VI. CONDITIONS: However, with respect to a person or organization shown in the Schedule, that qualifies as an Insured under this policy, if a written contract in which you have agreed to provide insurance for that person or organization expressly requires that this insurance applies on a primary or a primary and non-contribu- tory basis, this insurance will apply as if other insurance available to that person or organization which designates that person or organization as a Named Insured does not exist, and we will not share with that other insurance. Regardless of the written contract between you and the person or organization shown in the Schedule, this insurance is still excess over any other valid and collectible insurance available to that person or organization, whether such insurance is primary, contributing, excess, con- tingent or otherwise, as respects "autos" or when that person or organization is an additional insured under such other insurance. B. For the purposes of this endorsement, the following is added to SECTION V. DEFINITIONS: "Auto" means an auto as it is defined by the "first underlying insurance". This endorsement does not change any other provision of the policy. 02010 Liberty Mutual Insurance Company.All rights reserved. CE 88 29 02 10 Includes copyrighted material of Insurance Services office,Inc.,with its permission. Page 1 of 1 Subdivision Agreement Final Map of Tract No. 5538 Page 11 b. Subdivider's obligations under the 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. 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: Subdivision Agreement Final Map of Tract No. 5538 Page 12 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 underthis 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. 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 Subdivision Agreement Final Map of Tract No. 5538 Page 13 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 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 Subdivision Agreement Final Map of Tract No. 5538 Page 14 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, 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 Subdivision Agreement Final Map of Tract No. 5538 Page 15 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 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 Subdivision Agreement Final Map of Tract No. 5538 Page 16 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. 18. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains, gas mains, and their respective service connections, and all other facilities required to be installed under ground shall be completed in the streets and alleys before starting the street and alley surfacing. 19. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns. 20. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by the Subdivider without the written consent of City. 21. In addition to the following Covenants Affecting Land Development: a. Maintenance of Certain Public Improvements