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HomeMy WebLinkAboutT-6030 - Certificate of Insurance - 4/26/2018 lei CERTIFICATE OF LIABILITY INSURANCE D4/19/201/DDI 12/31/2018 4/19/ 8 � 8 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(los) 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 Lockton Insurance Brokers,LLC NANNIE r CA Licence#OF15767 PHONE Ne>e 725 S.Figueroa Street,35th fl. EMAIL Los Angeles CA 90017 ADDRESS: 213-689-0065 INSURER(S) AFFORDING COVERAGE NAIC# INSURERA:International Insurance Company of Hannover SE INSURED Granville Homes,Inc. INSURERs: 1404859 dba Fowler Development Company,Inc. INSURER C: 1530 Fulton Ave. INSURER D: Fresno CA 93721 INSURER E INSURER F COVERAGES GRAH001 CERTIFICATE NUMBER: 14901187 REVISION NUMBER: XXXXXXX 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 IN R POLICY NUMBER F CY EFF POLID EXP LIMITS LTR VdVn A X COMMERCIAL GENERAL LIABILITY Y Y CC1600215 12/31/2016 12/31/2018EACH OCCURRENCE $ 10.000,000 CLAIMS-MADE lxl OCCUR PREMI Eaeccunema $ 100,000 X Silica Each MED EXP(Any oneperson) $ XXXXXXX X Occ/Offense:SIM PERSONAL BADV INJURY $ 10,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 HPOLICY I~I ECT LOC PRODUCTS-COMP/OP AGG $ 10,000,000 OTHER; $ AUTOMOBILE LIABILITY NOT APPLICABLE �MBINEDI E I $ XXXXXXX ANY AUTO BODILY INJURY(Per person) $ XXX7���X OWNED SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX AUTOS ONLY AUTOS $ XXXXXxx HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per soCiderk $ XXXXXXX UMBRELLA LIAROCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXxxx DED I I RETENTION$ $ XXXXXXX 'WORKERS COMPENSATION NOT APPLICABLE I PTATU TE EORTH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A EL EACH ACCIDENT $ xxxxxxx OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ XXXXXM If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S XXXXXXX DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)REFERENCED. Re:Tract#6030.The City of Fresno,its officers,officials,employees,agents and volunteers are Additional Insured(s)as per the attached endorsement or policy langus p.Additional Insured(s)is primary and non-contributory as per the attached endorsements or policy language.Waiver of subrogation applies as per the attached Erldorsments or policy language. VISION RISK MANAGEME pppmve� CERTIFICATE HOLDER �1�] NCELLATION See Attachments 14901187 C'` SHOULD ANY OF THE ABOVE ECF, POLICIES BE CANCELLED BEFORE City of Fresno rf f j F ( E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2600 Fresno Street,Room 4064 t ACCORDANCE WITH THE POLICY PROVISIONS. Fresno CA 93721-3620 ❑fit Signed AUTHORIZED REPR 7 '0 ©1 88-207 91CGft CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CC1600215 COMMERCIAL GENERAL LIABILITY CG 20 12 05 09 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: where required by written contract Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II -Who Is An Insured is amended to 2.This insurance does not apply to: include as an insured any state or governmental a. 'Bodily injury", "property damage"or"personal agency or subdivision or political subdivision shown and advertising injury"arising out of in the Schedule, subject to the following provisions: operations performed for the federal 1.This insurance applies only with respect to government, state or municipality; or operations performed by you or on your b. 'Bodily injury"or"property damage" included behalf for which the state or governmental within the"products-completed operations agency or subdivision or political subdivision hazard". has issued a permit or authorization. CG 20 12 05 09 (c) Insurance Services Office, Inc. 2008 Page 1 of 1 Attachment Code:D528080 Certificate ID: 14901187 POLICY NUMBER: CC1600215 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 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 primary contrary: and would not seek contribution from any other insurance available to the additional insured. Primary And Noncontributory Insurance 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 C Insurance Services Office, Inc., 2012 Page 1 of 1 Attachment Code:D528086 Certificate ID: 14901187 POLICY NUMBER: CC1600215 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: 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 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Attachment Code:D528085 Certificate ID: 14901187 GRANHOM-01 ACORLEJ CERTIFICATE OF LIABILITY INSURANCE D0412512018Y) 04rz�rzol s 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 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 endorsament s. License#OED2096 C%TACT PRODUCER N. E: DiBuduo&DeFendis Insurance Brokers,LLC PHONE E stlc, -7941 , :(559)432-0222 ArNe:(559)431 x — - P.O.Box 5479 a-MAIL Fresno,CA 93755-5479 – INSURER(S)AFFORDI NOCOVE RAG E NAIC# _ __•�Irrsu im --Nationwide Mutual_Insurance Compan3f 23787 INSURED INSURER gAmco Insumnc@ Cornpa 19100 _ Fowler Development Company,Inc. INSUNEt2 c: 1396 W.Herndon Ave.Suite 101 INSURIER D Fresno,CA 93711 INSURER E INSURER F: ... ..-. COVERAGES CERTIFICATE NUMBER: .._ REWSION 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 LYR TYPE OF INSURANCE �ADDL SU8R – POLICY EFF Pa LI ..EXP LIMITS YD POLICY NUMBER „ COMMERCIAL GENERAL LIABILITY EACH OCEURRENCE. 5 TFU CLAIMS-MADE Cl OCCUR -PDAMAGE,TO A_Q 3�MI.SF_5_(E�slsCurtenr.4) S MED EXP-{Any_c"pmis n) 5 PERSON yL 6ADV INJURY 5 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE .S POLICY PRO- JECT a LOC ISRODUCTS-CnMwOPAGG .5 S OTHER: COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY , .-tG� GP@III�......-- $- X ANY AUTO X ACP3038769597 04/01/2018 04/01/2019:130DILYINJLIRY.(PPa-rpeiliw) $- OWNED SCHEDULED S ONLY AUTOS A �i.HODILY INJURY(PeraO9cent)•5. HIR�p Np pyyN p P E.fRdBlll AMAGE 5 ..... AUTOS ONLY AUS DY i y 5 BUMBRELLA LIAB X OCCUR EACH OCCURRENCE s 4,000,000 X EXCESS LIAB CLAIMS-MADE ACP3038769597 04/01/2018 04101/2019 AGGREGATE 4'000'000 —, 1 ; DED i RETENTION$ WORKERS COMPENSATION L PESTATt}Ti' E0_RH- AND EMPLOYERS'LIABILITY '- ANY PROPRIETOR&ARTN ECUTIVE � N r A .,L EACH ,DENT S fgaF E1grM ��EXCLU� [INan atnry In NW} EL DISEASE-EAI_MPLAYE S H yes,descrbe under E ,DFSEASE_ LI LIMIT S DESCRIPTION OI=OPERATkON5 bel&& DESCRIPTION OF OPERATIONS I LOCATIONS P VEHICLES(ACORD 101,Additlonal Remarkc Schedule,may be attached if mare space Is requited) Additional Named Insureds,Assemi&Sons Inc,Assemi investments,Fowler Development Company,GVW Development LLC,Las Brisas Builders LLC,Stakt LLC Tract#6030.The City of Fresno,it's officers,officials,employees,agents and volunteers are named as additional insureds(primary)with respects to auto liability per company form CA20481013 and AC20410316 attached. 1 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fresno ACCORDANCE WITH THE POLICY PROVISIONS. 2600 Fresno St,Room 4064 Fresno,CA 93721 •AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO AC 20 4103 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name of Person(s) or Organization(s): THE CITY OF FRESNO IT'S OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS 2600 FRESNO ST, RM 4064, FRESNO CA 93721 _ J (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) A. Who Is An Insured for COVERED AUTOS Primary And Noncontributory Insurance LIABILITY COVERAGE is amended to include as an "insured"for Covered Autos Liability Coverage: This insurance is primary to and will not seek contribution from any other insurance available to Each person or organization shown in the the person or organization named in the Schedule Schedule, but only to the extent that person or under your policy provided that: organization qualifies as an "insured". The (1) The person or organization is a Named "accident" must arise out of ongoing operations insured under such other insurance;and performed for the Named Insured. (2) You have agreed in writing in a contract or B. Changes in CONDITIONS agreement that this insurance would be primary and would not seek contribution from The following is added to the Other Insurance any other insurance available to them. Condition and supersedes any provision to the contrary: AC 20 41 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. ACP 3038769597 LEHO 17051 INSURED COPY AC2041031600 0220 47 0025760 GRANHOL-01 P.TH_OMAS CERTIFICATE OF LIABILITY INSURANCE DATE(MM)DD/YYYY)04/18/2018 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 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 endorseme s PRODUCER License#OE02096 CONTACT DiBuduo&DeFendis Insurance Brokers,LLC PHONE, 559) P.O.Box 5479 IAIC,No 432-0222 Ext):[ LAIC,No 558 431-7941 E- q IL Fresno,CA 93755-5479 A[M&3.5;_ INSURE S AFFORDING COVERAGE NAIL.# AwCyprass Insurance Company- 10855 INSURED 1NSIIRERB Fowler Development Company,Inc. INSURERC: c/o GV Holdings,Inc — - 1396 W Herndon Ave,Suite 101 D: Fresno,CA 93711 NS RERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE {NSD y,ryp POLICY NUMBER f_tMMIDplvyyv' LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS-MADE OCCUR DAMAGE TO RENTED ISES- _ MED EXP(Any one person) 8 _ PERSONAL&ADV INJURY GERL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY d– JpECT L-1 LOC PRODUCTS-COMPIOPAGG OTHER: AUTOMOBILE LIABILITYI COMBINED SINGLE LIMIT I $ ! e�5lS1�DU� ANY AUTO BODILY INJURY Per.ersoni 8 'OWNED SCHEDULED AUTEO�S ONLY AUTOS p BODILY INJURY P 99ade $ AUTOS ONLY AYRt�AMAGE $ — 8 UMBRELLA LIAB OCCUR EACH OCCLIRKNCE $ ... EXCESS LIAB CLAIMS-MADE per, TE $ DED RETENTION$ A WORKERS COMPENSATION X 3EATUT 1 OTH- ANDEMPLOYERS•LIABILITY GVWC909862 01/01/2018 01/01/2019 1,000,000 ANY PROPRIETgOEW�PARTNERIEXECUTIVE Y❑ NIA X E.L-EACH ACCIDENT $ L�fFICERIMFIMNHJEXCLUQEO? ; E.6.DISEASE-EA EMPLOYE $ 1,000,000 {Aes;ddi If yes,describe under 1,000,000 DESCRIPTI F OPERATIONS below E.L DISEASE-POLICY LIMJT I I I I -- DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Tract 6030-Waiver of Subrogatlon applies per attached form WC990410B 9-14 I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City of Fresno ACCORDANCE WITH THE POLICY P OVIS ONSCE WILL BE DELIVERED IN 2600 Fresno Street,Room 4064 Fresno,CA 93721-3620 AUTHORIZED REPRESENTATIVE �' ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410B (Ed.9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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.) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE BLANKET WAIVER Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium All CA Operations 5868.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 01/01/2018 Policy No. GVWC909862 Endorsement No. Insured Premium$ Insurance Company Cypress Insurance Company Countersigned by WC 99 04 10B (Ed.9-14) Subdivision Agreement Final Map of Tract No. 6030 Page 10 the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,whether such land be privately or publicly owned. 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 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 Subdivision Agreement Final Map of Tract No. 6030 Page 11 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: 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. Subdivision Agreement Final Map of Tract No. 6030 Page 12 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 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 Subdivision Agreement Final Map of Tract No. 6030 Page 13 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 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,exceptthat 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 Subdivision Agreement Final Map of Tract No. 6030 Page 14 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 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