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HomeMy WebLinkAboutT-5513 - Certificate of Insurance - 6/27/2017 A CERTIFICATE OF LIABILITY INSURANCE DATE06/14/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this 2 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Insurance Services West, Inc. -NAME- PHONE NAME- P (866) 2837122 FAX (800) 363-0105 a Las An el es CA office - [+ •N°•ExU Arc.N°.: 9 707 Wilshire Boulevard E-MAIL suite 2600 ADDRESS: O 2 Los Angeles CA 90017-0460 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Starr Indemnity & Liability company 38318 KB Home Sacramento, Inc. INSURER B: Old Republic Insurance Company 24147 3005Douglas Blvd., STE 250 Roseville CA 95661 USA INSURER C: General security Indemnity Co of Arizona 20SS9 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570066916076 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 LTR TYPE OF INSURANCE INSO WVO POLICYNUMBER MINDDIYVYY MMIDOrYYY LIMITS 13 X COMMERCIAL GENERAL LIABILITY MwZY ° EACH OCCURRENCE $1,000,000 CLAIMS-MADE ❑X OCCUR PREMISES Ea occurrence $500,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 n GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $1,000,000 m PRO- X POLICY JECT LOC PRODUCTS-COMP/OPAGG $1,000,000 0 OTHER: 0o r A AUTOMOBILE LIABILITY SISIPCA08341716 08/31/2016 08/31/2017 COMBINED SINGLE LIMIT ul LFa accident) $1,000,000 ANYAUTO BODILY INJURY(Per person) Z OWNED SCHEDULED BODILY INJURY(Per accident) y AUTOS ONLY AUTOS IT HIRED AUTOS X NON-OWNED PROPERTY DAMAGE U ONLY AUTOS ONLY Peraccident w t= d C UMBRELLALIAB X I OCCUR 1OF15583220161 112/01/201612/01/2D17 EACH OCCURRENCE $10,000,000 V X EXCESS LIAB CLAIMS-MADE SIR applies per policy to rids & condi ions AGGREGATE $10,000,000 DED I X IRETENTION A WORKERS COMPENSATION AND 1000001836 08/31/201608/31/2017 X PERSTATUTE OTH- EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $1,000,000 OFFICEWMEMBER EXCLUDED? Ft4 N I A (Mandatory in NH) E,L.DISEASE-EAEMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $1,000,000 TFT 1 2 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remprks Schodulo,may be attached If more space is required) RE: Project: sunridge IS Tract 5523 (Fresno, CA). 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 •2 policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non-Contributory to other a 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 volunteer in accordance with the policy �revisions o€ the Workers' Compensation ppolicy. GL AI and Primary & Non-Contributory Endorsement #7 - old Republic Form #CL 369 ' 09 1108, WC WOs - III Form CA 04 44 10 13, Auto AI - Starr Indemnity Form SICA 1016 (02/12), Auto PNC - Starr Indemnity Form 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 2600 Fresno street, Room 4064 - Fresno CA 93721-3620 USA RISK MANAGEMENT D ION Ap roved W/Changes ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACOR arae an Ingo are registered marks of ACORD ne AGENCY CUSTOMER ID: 10019842 LOC#: n`c�rrr..a ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk Insurance Services West, Inc. KB Home Sacramento, Inc. POLICY NUMBER See Certificate Number: 570066916078 CARRIER NAIC CODE .See Certificate Number: 570066916078 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations I Locations I Vehicles: $ICA 1017 (02/12), Auto Notice of Cancellation - Starr Manuscript. ACORD 101(2008/01) 0 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD U-40 A ENDORSEMENT Additional Premium: Return Premium: This endorsement, effective 04/21/17 forms a part of Policy No. MWZY 309080 policy effective date 12/01/16 expiration date 12/01/17 issued to KB Home by OLD REPUBLIC INSURANCE COMPANY, Greensburg, Pennsylvania It is hereby understood and agreed that form CL 369 009 1108, Additional Insured-Designated Person Or Organization, is added on behalf of the City of Fresno as respects the Sunridge II Tract 5513 (Fresno, CA) project. Endorsement# 7 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. This Endorsement shall not be valid until countersigned by a duly authorized representative of the Company. Attest: �F— //04� lie Secretary President Countersigned at Brookfield, WI this 27th day of April 20 17 _...... Authorized Representative. ENDORSEMENT#7 MWZY 309080 KB Home 1210112016-1210112017 This page intentionally left blank IL 10 (12/06) OLD REPUBLIC 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. COMMERCIAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): The City of Fresno, its officers, officials, employees, agents and volunteers SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf as respects the project: Sunridge II Tract 5513 (Fresno, CA). As respects any person(s) or organization(s) shown in the above Schedule with whom you have agreed in a written contract, agreement or permit to provide primary insurance coverage on a non-contributory basis, this insurance will be primary to and non-contributing with any other insurance available to such person(s) or organization(s). CL 369 009 1108 ENDORSEMENT#7 MWZY 309080 KB Home 12/01/2016-12101/2017 This page intentionally left blank 1 Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Number: SISIPCA08341716 Effective Date: 08/31/2016 at 12:01 A.M. Named Insured: KB Home ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This policy is amended as follows: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED "AUTO" The City of Fresno, its officers, officials, employees, agents and volunteers Project: Sunridge II Tract 5513(Fresno, CA) I. SECTION II —LIABILITY COVERAGE A. Coverage, 1. Who is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. Signed for STARR INDEMNITY& LIABILITY COMPANY Charles H. Dangelo, President Nehemiah E. Ginsburg, Genera Counsel SICA 1016(02/12) Page 1 of 2 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of 180 Properties,Inc.,used with its permission. Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 SICA 1016(02/12) Page 2 of 2 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. i j, Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS Policy Number: SISIPCA08341716 Effective Date: 08/31/2016 at 12:01 A.M- Named Insured: KB Home This policy is amended as follows: BUSINESS AUTO COVERAGE FORM Section IV—Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. The City of Fresno, its officers, officials,employees,agents and volunteers Project:Sunridge II Tract 5513(Fresno, CA) All other terms and conditions remain unchanged. Signed for STARR INDEMNITY& LIABILITY COMPANY Charles H. Dangelo, President Nehemiah E. Ginsburg, General Counsel SICA 1017(02/12) Page 1 of 1 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. POLICY NUMBER: SISIPCA08341716 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 respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: KB Home Endorsement Effective Date: August 31st,2016 SCHEDULE Name(s)Of Person(s)Or Organization(s):The City of Fresno, its officers, officials, employees, agents and volunteers Project: Sunridge II Tract 5513(Fresno, CA) 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 44 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 Starr Indemnity& Liability Company Dallas, TX 1-866-519-2522 AMENDMENT - 30 DAY NOTICE OF CANCELLATION FOR TH I R D PARTI ES Policy Number: SISPCA08341716 Effective Date: 08/31/2016 at 12:01 A.M. Named Insured: KB Home This endorsement modifies the insurance coverage form(s)listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies)carefully. Commercial General Liability Coverage Form Products Completed Operations Coverage Form Business Auto Coverage Form It is agreed thirty(30)days' notice of cancellation will be given as respects the following certificate holder(s), except as respects non-payment of any premium, non-renewal, and/or per the First Named Insured's request: SCHEDULE City of Fresno 2600 Fresno St. Room 4064 Fresno, CA 93621-3620 insurance@fresno.gov The insurer will endeavor to provide advice of cancellation (the"Advice")to the certificate holders listed in the schedule by e-mail. Certificate holders include only those entities where thirty(30)days notice of cancellation is required by an "insured contract"but only with respects to an entity for which "you"are directly or indirectly performing"your work". This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such Advice will neither extend the policy cancellation nor negate cancellation of the policy; nor will this failure result in obligation or liability of any kind upon the issuing insurer, its agents or representatives. This endorsement does not affect, in any way, coverage provided under this policy, nor the cancellation of this policy or the effective date thereof. The following definitions apply to this endorsement: 1. 'First Named Insured'means the named insured shown in the Declarations Page of this policy. Manuscript Page 1 of 1 Copyright©C.V.Starr&Company and Starr Indemnity Insurance Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. - Starr Indemnity& Liability Company Dallas, TX 1-866-519-2522 2. 'Insurer' means the insurance company shown in the header on the Declarations Page of this policy. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed for STARR INDEMNITY&LIABILITY COMPANY Charles H. Dangelo, President Nehemiah E. Ginsburg, General Counsel Manuscript Page 1 of 1 Copyright©C.V.Starr&Company and Starr Indemnity Insurance Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) 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 2.0-1. of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Where required by contract Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. 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:August 31 st,2016 Policy No.: 100 0001836 Endorsement No.: Insured:KB Home Premium: Insurance Company:Starr Indemnity&Liability Company Countersigned by: F` WC 04 03 06 (Ed. 04-84) Page 1 of 1 SCOOOR General Security Indemnity Company of Arizona (The "Company") Home Offices Administrative Offices 2338 W.Royal Palm Road,Suite J One Seaport Plaza, 199 Water Street,21st Floor Phoenix,AZ 85021 New York,New York 10038-3526 U S Toll-Free(outside NY)800-326-3299 Telephone No:+(1)212-480-9000 Policy Number 1OF155832-2016-1 ENDORSEMENT#: 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Effective 6/21/2017 ADDITIONAL INSURED - PERSON OR ORGANIZATION (REVISED) Pursuant to the provisions set forth in the Endorsement# 1 of this Policy—Blanket Additional Insured — Person or Organization, It is hereby agreed that the policy is extended to grant the quality of Additional Insured - Person or Organization as respects the Sunridge II Tract 5513 (Fresno, CA) project to: City of Fresno 2600 Fresno Street, Room 4064 Fresno CA 93721-3620 USA Insurance provided in this endorsement is primary to and will not seek contribution from any other insurance available to the Additional Insured, provided that the Additional Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available. The terms, declarations, insuring agreements, definitions, exclusions and conditions of this policy otherwise remain unchanged. June 27, 2017 Pascal J. Madiba AUTHORIZED REPRESENTATIVE 11f' age i SC011017 General Security Indemnity Company of Arizona I (The "Company") Home Offices Administrative Offices 2338 W.Royal Palm Road,Suite J One Seaport Plaza,199 Water Street,21 st Floor Phoenix,AZ 85021 New York,New York 10038-3526 U.S.Toll-Free(outside NY)800-326-3299 Telephone No:+(1)212-480-9000 Policy Number 1OF155832-2016 -1 COMMERCIAL UMBRELLA LIABILITY HOME BUILDERS POLICY - DECLARATIONS Item 1: (a) Named Insured: KB HOME and its Subsidiary(ies) and Affiliate(s) (b) Address of Named Insured. 10990 Wilshire Boulevard, 7th Floor, Los Angeles, California 90024 - USA Item 2 Policy Inception Date: 12/01/2016 Policy Expiration Date: 12/01/2017 12:01 AM standard time at the address of the Insured Item 3. Limits of Liability: 3A Each Occurrence Limit $20,000,000 3B General Aggregate $20,000,000 3C Products Completed Operations Aggregate $20,000,000 Item 4 Self-Insured Retention Schedule: 4A Retention $25,000,000 Each Occurrence / Annual Aggregate (i) As respects Home Builder's Limited Warranty for each occurrence within the first year of Close of Escrow which gives rise to Limited Warranty Liability, once the amount paid by the Insured for Limited Warranty Liability as respects such Home Builder's Limited Warranty exceeds $10,000 each Occurrence, then 100% of the amount paid (100% of the total claim) shall erode the Aggregate Retention. If Losses per occurrence do not exceed $10,000 then these costs shall not erode the Retention. (ii) In the event that the Annual Aggregate Retention shown in 4A or 4B is exhausted by the payment of Loss(es), a Retention of $250,000 each Occurrence / $5,000,000 Annual Aggregate shall apply, thereafter a $100,000 each occurrence deductible will apply. 4B Schedule(s) of Underlying Insurance: SEE SCHEDULE OF UNDERLYING, Endorsement 2 Item 5. Warranty Service Company: KB Home self-administered Warranty Item 6. Representative of Named Insured: Aon Risk Solutions 707 Wilshire Blvd., Suite 2600 1 Los Angeles, CA 90017. Item 7: Advance Premium: Minimum Premium: TRIA Premium: 11Page SCOO General Security Indemnity Company of Arizona (The "Company") Home Offices Administrative Offices 2338 W.Royal Palm Road,Suite J One Seaport Plaza,199 Water Street,21st Floor Phoenix,AZ 85021 New York,New York 10038-3526 U.S.Toll-Free(outside NY)800-326-3299 Telephone No:+(1)212-480-9000 Polic Number 1OF155832-2016 -1 Item 8: Currency: (a) Premium UNITED STATES DOLLARS (b) Claims: UNITED STATES DOLLARS Item 9: Notices: (a) All Notices of Occurrence: General Security Indemnity Company of Arizona Claims Department One Seaport Plaza, 199 Water Street, 21 st Floor New York, New York 10038-3526 Email: NY-Claims(ir).scor.corn (b) All other Notices: General Security Indemnity Company of Arizona Underwriting Department One Seaport Plaza, 199 Water Street, 21 st Floor New York, New York 10038-3526 Item 10: Application Date: 08/23/2016 February 1, 2017 Pascal J. MADIBA AUTHORIZED REPRESENTATIVE 2 1 P a g e SCfJr2 General Security Indemnity Company of Arizona (The "Company") Home Offices Administrative Offices 2338 W.Royal Palm Road,Suite J One Seaport Plaza,199 Water Street,21 st Floor Phoenix,AZ 85021 New York,New York 10038-3526 U.S.Toll-Free(outside NY)800-326-3299 Telephone No:+(1)212-480-9000 Policv Number 1 OF155832-2016 -1 HOME BUILDERS COMMERCIAL UMBRELLA LIABILITY POLICY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words "we," "us" and "our' or the "Company" refer to GENERAL SECURITY INDEMNITY COMPANY OF ARIZONA. The word Insured means any person or organization qualifying as such under Section V Definitions. Other words and phrases that appear in bold print have special meaning. See Section V Definitions. In consideration of the payment of the premium and in reliance upon the statements in the Declarations, we agree to provide coverage as follows: I. INSURING AGREEMENT EXCESS LIABILITY OVER INSURED'S SELF-INSURED RETENTION AND SCHEDULED UNDERLYING INSURANCE A. We will pay on behalf of the Insured as Loss those sums in excess of the Self-Insured Retention that the Insured becomes contractually or legally obligated to pay as Damages by reason of liability imposed by law to which this insurance applies because of Bodily Injury, Property Damage (including Limited Warranty Liability), or Personal Injury and Advertising Injury or because of Bodily Injury or Property Damage to which this insurance applies assumed by the Insured under an Insured Contract or a Home Builder's Limited Warranty; 1. the Bodily Injury or Property Damage occurs during the Policy Period; or 2. the Bodily Injury or Property Damage that occurs after the end of the Policy Period and within either the applicable statute of repose or fifteen (15) years from the Common Area transfer of title or from the Unit close of escrow, whichever is greater, and arises out of a Unit or Common Area, the deed or title to which was recorded in the name of the original third party purchaser with the county clerk during the Policy Period; or 3. the Personal Injury and Advertising Injury are caused by an Occurrence arising out of your business, but only if the Occurrence occurs during the Policy Period. 31Page J COOR General Security Indemnity Company of Arizona (The "Company") Home Offices Administrative Offices 2338 W.Royal Palm Road,Suite J One Seaport Plaza,199 Water Street,21 st Floor Phoenix,AZ 85021 New York,New York 10038-3526 U.S.Toll-Free(outside NY)800-326-3299 Telephone No:+(1)212-480-9000 Policy Number tOF155832-2016 -1 The coverage provided in subparts 1.A.1., 2. and 3. is subject to the following provision: As respects any Occurrence, there shall be no coverage under this policy if, prior to the Policy Period, the Insured knew that the Bodily Injury, Property Damage or Personal Injury and Advertising Injury caused by such Occurrence had, in whole or in part, commenced. B. Subject to the provisions and restrictions under 1.A1., 2. and 3. and all other terms and conditions of this policy, we will pay on behalf of the Insured as Loss those sums in excess of the total applicable limits of Scheduled Underlying Insurance that the Insured becomes legally obligated to pay as Damages, caused by an Occurrence, provided the Damages would be covered by Scheduled Underlying Insurance Coverage under this subsection 1.6 will follow the terms, definitions, conditions and exclusions of Scheduled Underlying Insurance, subject to the Policy Period, Limits of Liability, premium and all other terms, definitions, conditions and exclusions of this policy. If any provisions of Scheduled Underlying Insurance conflict with any provisions of this policy, the provisions of this policy will apply. C. If we are prevented by law or statute from paying covered Damages on behalf of the Insured, then we will indemnify the Insured for those sums in excess of the Self-Insured Retention or Scheduled Underlying Insurance. D. We will not pay a Loss,unless the Self-Insured Retention has been satisfied(whether by the Insured and / or any insurer providing coverage to the Insured), or the Scheduled Underlying Insurance has been exhausted, by the payment of such Loss, and in no event shall there be coverage for any Loss that is not subject to a Self-Insured Retention or is not excess of Scheduled Underlying Insurance. In the event an Occurrence causes Loss that is covered by Scheduled Underlying Insurance and is subject to a Self-Insured Retention, then the Insured must exhaust the limits of the applicable Scheduled Underlying Insurance or satisfy the applicable Retention in Item 4 of the Declarations, whichever is greater. E. The amount we will pay for Damages is limited as described in Section IV. Limits of Liability. F. Notwithstanding paragraphs A., B., C. and D. above; 1. the Limits of Liability and Self-insured Retention of this policy apply separately to each annual period of the Policy Period ; 2. as respects covered Damages occurring after the end of the Policy Period and arising out of a Unit or Common Area, the applicable Limits of Liability and Self-insured Retentions shall be those that were in effect at the time of the Common Area transfer of title or the Unit close of escrow, from which the covered Damages arise. 4 1 P a g e Subdivision Agreement Final Map of Tract No. 5513 Page 11 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. 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 Subdivision Agreement Final Map of Tract No. 5513 Page 12 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. 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 Subdivision Agreement Final Map of Tract No. 5513 Page 13 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 underthis Agreement,Subdivider shall require each subcontractor to provide insurance protection in favor of City, its officers,officials,employees,volunteers and agents in accordance with the terms of each of the preceding paragraphs,except that the subcontractors'certificates and endorsements shall be on file with Subdivider and City prior to the commencement of any work by the subcontractor. 12. The Subdivider and his subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the Improvements contracted to be done,and for any work or laborthereon of any kind,and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor. 13. Compaction and other materials testing performed for determination of compliance Subdivision Agreement Final Map of Tract No. 5513 Page 14 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 Subdividershall 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 Subdivision Agreement Final Map of Tract No. 5513 Page 15 approved dust palliative thereon with sufficient frequency to preventthe scattering of dust bywind 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 bythe 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 Heidi Briggs From: Jon Bartel Sent: Wednesday, June 14, 2017 1:04 PM To: Insurance; Heidi Briggs; Monica Sifuentes Subject: RE: KB Homes Sacramento Tract No. 5513 Subdivision Agreement Attachments: City of Fresno GL Cert SR 1706089659623.pdf, KB Home-City of Fresno_endorsements 2017.pdf,T5513 Subdivision Agreement.pdf Attached are updated insurance certificates. This map is scheduled for council approval on June 29tH Thanks. Jon From: Jon Bartel Sent: Thursday, June 08, 2017 5:48 PM To: Insurance; Heidi Briggs; Monica Sifuentes Subject: KB Homes Sacramento Tract No. 5513 Subdivision Agreement Attached is the subdivision agreement and insurance for your review and approval. Thanks. Jonathan Bartel,Supervising Engineering Technician Public Works Department Land Division 2600 Fresno Street,4th Floor Fresno, CA 93721 Office: 559-621-8684 Fax: 559-457-1195 Email:Jon.Bartei@fresno.gov i