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HomeMy WebLinkAboutT-6099 - Certificate of Insurance - 8/2/2017 ACCO"" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) k� 12/31/2018 8/2/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must 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 CONTACT NAME: CA Licence#OF 15767 PHONE 'A% 725 S.Figueroa Street,35th fl. E-INAtL A1C Nft Los Angeles CA 90017 ADDRESS,- 213-689-0065 INSURERS AFFORDING COVERAGE I NAIC 0 INSURER A:International Insurance Company of Hannover SE INSURED Granville Homes IncINSURER B: 1404859 dba Las Brisas Builders,Inc. INBURER c: 1530 Fulton Ave INSURERD; Fresno CA 93721 INSURER E INSURER P- COVERAGES GRAI1001 CERTIFICATE NUMBER: 14878831 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 ADDL 31 POLICY EFF POUCY EXP LTR TYPE OF INSURANCE JNSD WVD POLICY NUMBER iMMIDD/YYYYJ MUA4XWYYYV3 LIMITS A x COMMERCIAL GENERAL LIABILITY y N CC1600215 12/31/2016 12/31/2018 EACH OCCURRENCE $ 10.000.000 CLAIMS-MADE 1XI OCCUR PREMISES iEa occurrence $ 100,000 x Silica Each MED EXP(Any one person) $XXy=x X Occ/Offense:$1 M PERSONAL&ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 x POLICY❑PRO- LOC PRODUCTS-COMP/OP AGG $ 10 000.000 OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT Ea accidan $ XXxxxxx ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY (per 9LrWBJ}S $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAR CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ L I $XXXXXXX WORKERS COMPENSATION NOT APPLICABLE PER OTH- ANDEMPLOYERS'LIABILITY YIN STATUTE ER _ ANY PROPRIETOR/PARTNER/EXECUTIVEEL EACH ACCIDENT $ xxxXxxx OFFICER/MEMBER EXCLUDED? ❑ N/A — -- (Mandatory in NH) EL DISEASE-EA EMPLOYE• $ XXXXXXX yes,describe under Dxxxxxxx DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 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 LISTEDAND THE POLICY TERMS)REFERENCED RE:Tract No.6099.The City of Fresno,its officers,officials,employees,agents and volunteers are Additional Insured(s)as per the attached endorsement or policy language.Insurance provided to Additional Insured(s)is primary and non-contributory as per the attached endorsements or policy language.Forms: CG 20 12 05 09, CG 20 01 04 13. 1181 MANAUNIM OI ION ApproVed CERTIFICATE HOLDER CANCELLATION See Attachments 14878831 + City of Fresno § 1L1 ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1721 Van Ness Avenue ed Date THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Fresno CA 93721 AUTHORIZED REPReSrKrA H� ©1 88-201 91ACOP13 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: 14878831 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 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Attachment Code:D528086 Certificate ID: 14878831 AC� DATE(M MIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/5/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Katherine Hansen James G Parker Insurance Associates PHONE E "ONuF (559)222-7722 Fa/c,Na}:(559)222-1729 License #0554959 ADR s:khansen@jgparker.com P O BOX 3947 INSURERS AFFORDING COVERAGE NAIC N Fresno CA 93650 INSURERA:Nationwide Mutual Insurance C2Many 23787 I INSURED INSURER B Granville Homes Inc INSURER C: 1396 W Herndon Ave, #101 INSURER D: INSURER E Fresno CA 93711 INSURER F COVERAGES CERTIFICATE NUMBER:17-18 General Cert 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 TYPE OF INSURANCE — POLICY EFF POLICYfV 7R POLICY NUMBER p LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE L1 OCCUR PJ9FM$E,5 IEa occurrgnp $ MED EXP(Any one person $ PERSONAL&ADV INJURY $ hEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ RO- POLICY C!JECT 1711-00 PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COM13INED SINGLE LIMIT $ 1,000,000 EH aCCidenl A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X ACP3026999860 4/1/2017 4/1/2018 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROA RTY DAMAGE HIRED AUTOS AUTOS (Per aockknn $ Uninsured motorist combined $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4 0001000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000 DEC) I I RETENTION$ 0 ACP3026999860 4/1/2017 4/1/2018 $ WORKERS COMPENSATIONPIER - AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER ANY PROPRIETORMARTNER/EXECUTIVEEL.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? +� N/A (Mandatory in NH) EL.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below F.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Tract #6099. The City of Fresno, it's officers, officials, employees, agents and volunteers are included as Additional Insured (Primary) with respect to Automobile Liability per the attached CA2048 1013 and Ac2041 0316. RISS MNAGEIIENYT DI SIGN AppreveL d 1 APP[ pp raved wlCh gas [ CERTIFICATE HOLDER LA i0N n a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fresno THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2600 Fresno St, Room 406 ACCORDANCE WITH THE POLICY PROVISIONS. Fresno, CA 93721-3620 'AUTHORIZED REPRESENTATIVE James Parker III/GDB ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(2014011 Additional Named Insureds Other Named Insureds Assemi & Sons Inc Assemi Investments i Fowler Development Company GVM Development LLC Las Brisas Builders LLC Stakt LLC OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE 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 this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds"for Covered Autos Liability Coverage 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 Organization(s): THE CITY OF FRESNO IT'S OFFICERS, OFFICIALS, EMPLOYEES, AGENTS Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 ACP BA 30-2-6999860 LEHO 17051 INSURED COPY CA2048101300 0100 47 0025777 COMMERCIAL AUTO AC 20 41 03 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 (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 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. ACP BA 30-2-6999660 LEHO 17051 INSURED COPY AC2041031600 0220 47 0025760 i Las 11risas It nilders' bile. April 5, 2017 Heidi Briggs City of Fresno 2600 Fresno Street Fresno, CA 93721 Re: Las Brisas Builders, Inc—Insurance This letter is to serve as notice that Las Brisas Builders, Inc is a Developer for tract 6099. Las Brisas Builders,Inc has no employees, nor does it have any automobiles. At this time,Las Brisas Builders, Inc is requesting that the Workers Comp Insurance requirements be waived for this project. If you have any questions,please feel free contact me at your earliest convenience. Sincerely, J. Kevin Assemi Owner, Trustee Cc: Eric Gibbons Cc: Ronald E.. Lamm A.A.I. 1396 West Herndon Avenue,Suite 101 Fresno,CA 93711 (559)436-0900 office * (559)436-1659 fax Subdivision Agreement Final Map of Tract No. 6099 Page 11 e. This Section shall survive termination or expiration of this Agreement. 11. Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either(i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than"A-VII"in Best's Insurance Rating Guide,or(ii)authorized by City's Risk Manager. The following policies of insurance are required: a. COMMERCIAL GENERAL LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office(ISO)Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations,contractual liability(including indemnity obligations under this Agreement),with limits of liability of not less than $5,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $5,000,000 aggregate for products and completed operations, and $10,000,000 general aggregate. b. COMMERCIAL AUTOMOBILE LIABILITY insurance,which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto), with combined single limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. C. WORKERS' COMPENSATION insurance as required under the California Labor Code- d. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. Subdivider shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Subdivider shall also be responsible for payment of any self-insured retentions. Subdivision Agreement Final Map of Tract No. 6099 Page 12 The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage,except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Subdivider shall provide a new certificate evidencing renewal of such policy(ies) not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker,or agent of a notice of cancellation in coverage, Subdivider shall file with City a new certificate and all applicable endorsements for such policy(ies). The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers,officials,agents,employees and volunteers as an additional insured. Such policy(ies)of insurance shall be endorsed so Subdivider's insurance shall be primary and no contribution shall be required of City. In the event claims-made forms are used for any Professional Liability coverage,either(i)the policy(ies)shall be endorsed to provide not less than a five (5)year discovery period,or(ii)the coverage shall be maintained for a minimum of five i (5)years following the termination of this Agreement and the requirements of this Section relating to such coverage shall survive termination or expiration of this Agreement. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City,its officers,officials, agents, employees and volunteers. Subdivider shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's execution of the Agreement. Subdivider shall furnish City with copies of the actual policies upon the request of City's Risk Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement. The fact that insurance is obtained-by Subdivider or his/her/its subcontractors shall not be deemed to release or diminish the liability of Subdivider or his/her/its subcontractors including without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify Subdivision Agreement Final Map of Tract No. 6099 Page 13 City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Subdivider or his/her/its subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Subdivider, its principals, officers, agents, employees, persons under the supervision of Subdivider, vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly by any of them. If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the Director of Public Works for the City, or his/her designee, may order that the Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. If Subdivider should subcontract all or any portion of the services to be performed 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 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, I I Subdivision Agreement Final Map of Tract No. 6099 Page 14 entitled"Materials Acceptance Testing." Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by the Subdivider. 14. The Subdividershall complywith 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 delayforwhich 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 bywind or