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ENC2023-0024ta QaV t rcj -.- GEM ofthe DESERT — — ENCROACHMENT PERMIT PUBLIC WORKS CONSTRUCTION See below for Finance Revenue Codes For the construction of public or private curbs, driveways, pavements, sidewalks, parking lots, sewers, water mains and other like public works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS. DATE: 2/16/2023 LOCATION OF CONSTRUCTION (Street address or Description): 77865 AVENIDA MONTEZUMA PURPOSE OF CONSTRUCTION: TRAFFIC CONTROL FOR THE LA QUINTA CAR SHOW DESCRIPTION OF CONSTRUCTION: TRAFFIC CONTROL FOR 2023 LA QUINTA CAR SHOW DIMENSION OF INSTALLATION OR REMOVAL: SEE TRAFFIC CONTROL PLAN. TEMPORARY ROAD CLOSURE. APPROXIMATE TIME WHEN WORK WILL BEGIN: 2/25/2023 TIME OF COMPLETION: 2/25/2023 ESTIMATED CONSTRUCTION COST: $350.00 (Including removal of all obstruction, materials, and debris, backfilling, compaction and placing permanent resurfacing and/or replacing improvements) COMMENTS: NON-PROFIT In consideration of the granting of this permit, the applicant hereby agrees to: Indemnify, defend and save the City, its authorized agents, officers, representatives and employees, harmless from and against any and all penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to this application. Notify the Administrative Authority at least twenty-four (24) hours in advance of the time when work will be started at (760) 777-7097. To submit an inspection request, leave a message on the Inspection Request Hotline at (760) 777-7097 prior to 1:30 P.M. at least twenty-four (24) hours prior to the anticipated inspection. Comply with all applicable City Ordinances, the terms and conditions of the permit and all applicable rules and regulations of the City of La Quinta and to pay for any additional replacement necessary as the result of this work. GREATER COACHELLA VALLEY CHAMBER OF COMMERCE - GUADALUPE FOX Name of Applicant (please print) TOPS N BARRICADES INC 82921 INDIO BLVD INDIO, CA 92201 Business Address 44631 Jackson Street Indio, CA 92201 Name of Contractor and Job Foreman Business Address 787664 Contractor's License No. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK Applicant's Insurance Company Finance Revenue Code TOTAL: $0.00 103875 City Business License No. SPP1302733 Policy Number PERMIT NO: ENC2023-0024 DATE ISSUED: 2-16-2023 EXPIRATION DATE: 2-16-2024 BY: AY WORK INSPECTED BY*: PERMIT COMPLETION DATE*: APPLIED ON ETRAKIT Signature of Applicant or Agent (760)347-0676 Telephone No. (760)347-2111 Telephone No. *If the work is covered by a Subdivision Improvement Agreement, Subdivider shall request final acceptance of improvements from the City Council. CALLS MONTEZUMA EISENHOWER DR. W20-3 AVD. BERMUDAS N EXISTING R,-1 IXI CLOSED f_J ROAD . CLOSED Rs., STAG,,V IaEA \l VENDOR AREA Exisriwc PRANCES HACK[IKIDSRBANDREA ...., PARK , OFFICE TOWER MARKET OLD CALLE TAMPICO R,,.z ALLEY p ROAD RE OG 6, I CLOSED a Q�OFED W '! EM16T1RC M TRG DR h CALLE liIDALGQ G a a C2 ! n E%15TIHGEx OF fOUSO GEx I G IXISTIHG G E%I IRG CALIF IIIIIIIIIIII&INPending NOTES: 1. ALL TRAFFIC CONTROL DEVICES FOR TH IS PROJECT SHALL BE IN ACCORDANCE WITH REVISION 6 OF THE 2014 CALIFORN IA MANUAL ON UNIFORM TRAFFIC CONTROLS (M,U.T.C.D.) TmfBc Pkn for 2. TRAFFIC CONTROL SHOWN HEREIN IS THE MINIMUM REQUIRED, ADDITIONAL TRAFFIC CONTROL MAY BE REQUIRED TO FACILITATE PUBLIC SAFETYAND TRAFFIC FLOW IF DEEMED NECESSARY BY CITY OF LA QUINTA REPRESENTATIVE. Annual Hot Rod & Custom Car SNOW 3. THROUGHOUT EACH WORK PERIOD, CONTRACTOR SHALL INSPECT TRAFFIC CONTROL (SIGNS, BARRICADES AND DFUNEATORS) AND MAINTAIN SAME IN ACCORDANCE WITH TRAFFIC CONTROL PLANS. 4. THE LA QUINTA CHAMBER OF COMMERCE SHALL CONTACT THE NEWS MEDIA FOR PUBLIC SERVICE ANNOUNCEMENTS ABOUT THE CAR SHOWAND THE CLOSURE OF THE STREETS AROUND THE PARK. AN ANNOUNCEMENT SEVERAL DAYS BEFORE THE EVENT P"Caftftr canw WOULDBEHELPFULFOR NON EVENT TRAFFIC TOAVOID THE AREA. The Greater CV Chamber of Commerce Guadalupe 5. THE LA QUINTA CHAMBER OF COMMFRCE SHALL CONTACT ALL BUSINESSES & RESIDENTS AFFECTED BY THE EVENT. THE CHAMBER & THE BUSINESSES WILL NEED TO COME TO AN AGREEMENTABOUTACCESS TO THEIR LOCATIONS OR LACK OF. TmftCmW DaW by PMP&IW BY avW* By 6. THIS TRAFFIC CONTROL SHALL BE IN PLACE SATURDAY 2126122 FROM 7:30AMTO5 PM, ALL TRAFFIC CONTROL DEVICES USED DURING HOURS OF DARKNESS SHALL BE RETRO-REFLECTIVE AND ALL BARRICADES SHALL BE EQUIPPED WITH FLASHING LIGHTS. Tops iNl Barricades, Inc. Ron Fifield LimR Deus NEmber (800)852-TOPS XX 1/19/22 1 PERMIT NO. ENC2023-0024 Annual La Quinta Car Show /Traffic Control / 77865 Avenida Montezuma at La Quinta Community Park In addition to the standard permit conditions, the following shall apply: 1. Pursuant to Section 14.16.320 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), all work shall be performed in accordance with the latest edition of the Standard Specifications For Public Works Construction (SSPWC) and as directed by and to the satisfaction of the City Engineer. 2. Chamber of Commerce (Guadalupe Fox), hereinafter referred to as "Permittee", shall be responsible for providing continuous dust and erosion control. 3. Streets shall be kept clean. They shall be completely cleaned at the end of each working day and more frequently, if required. 4. The permittee shall remove all signs immediately after the completion of the show. Sign removal should be accomplished by the end of 6PM on February 25, 2023. 5. Pursuant to Section 6.08.050 of the La Quinta Municipal Code (Ordinance 18 § 1, 1982), throughout the work site, the Permittee shall comply with City regulated work hours. Operation and maintenance of equipment within one-half mile of human occupancy shall be performed only during the following time periods: October 1 st to April 30: Monday -Friday 7:00 a.m. to 5:30 p.m. Saturday 8:00 a.m. to 5:00 p.m. May 1 st to September 30: Monday -Friday 6:00 a.m. to 7:00 p.m. Saturday 8:00 a.m. to 5:00 p.m. Work shall be prohibited on legal holidays and Sundays. Note: Construction work (including setting up traffic control devices) is not permitted on any Arterial street (ie any 4 lane street) before 8:00 a.m. 6. Work within 500 feet of a signalized intersection shall be performed between the hours of 9 a.m. - 3 p.m. Traffic control shall be set up after 9 a.m. and removed before 3 p.m. The Permittee shall contact the City Traffic Signal Maintenance Division at (760) 777-7070 if signal operation at the intersection is to be altered in any way. 7. Pursuant to Section 14.16.110 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), Permittee shall assume responsibility for repair of any pavement damage to any public or private street and for any damage to other City streets or facilities as a result of work performed under this permit. Special Conditions Page 1 of 3 PERMIT NO. ENC2023-0024 Annual La Quinta Car Show /Traffic Control / 77865 Avenida Montezuma at La Quinta Community Park 8. Pursuant to Section 14.16.250 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), at residential streets, advance warning signs and traffic control shall be installed and maintained in accordance the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD) or the latest edition of the Work Area Traffic Control Handbook (WATCH). On Collectors to Arterial Streets, the permittee must submit a traffic control plan which shall be from or prepared under the guidance of the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD) or the latest edition of the Work Area Traffic Control Handbook (WATCH). Traffic Control plans not from the CA MUTCD or the WATCH shall be signed and stamped by a civil or traffic engineer registered in the State of California. It shall be the Permittee's responsibility to appropriately detour and barricade all construction sites. Pursuant to Section 14.16.290 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), street closures shall not be permitted. A minimum of two (2) travel lanes of paved surface shall be maintained at all times. 9. The Applicant or Contractor shall furnish the City satisfactory evidence of insurance in the amounts provided in the Engineering Bulletin for Indemnification & Insurance Requirements. This insurance shall be kept in full force and effect at all times by Applicant or Contractor during the prosecution of the permitted work and updated Certificate of Liability Insurance shall be submitted to the City. Each policy shall name the City as an additional insured. 10. Prior to excavating, if required, the Permittee shall contact Underground Service Alert at 1-800-422- 4133. It shall be the Permittee's responsibility to notify the Public Works Department of anticipated excavation which impact City facilities, including but not limited to traffic signal conduits and loops, irrigation lines, electrical conduits, and storm drain facilities. 11. Should additional work, materials, or modifications of the work be required in order to meet City standards, safety requirements, signage requirements, or to fit actual field conditions, the work shall be performed by the Permittee as directed by and to the satisfaction of the City Engineer at no cost to the City of La Quinta. 12. The City of La Quinta reserves the right to require modifications of the work be made at permittee's sole cost for proper sight distance requirements per guidelines in the AASHTO " A Policy on Geometric Design of Highways and Streets, 5th Edition" or latest, in the installation of all appurtenances abutting and within the public street right-of-way. 13. Pursuant to Section 14.16.370 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), backfill compaction within street rights -of -way shall conform to Section 306-1.3 of the latest edition of the Standard Specifications for Public Works Construction (SSPWC), except as otherwise specified herein. No excavation or backfill will be required on this project. Reapply if excavation is required. 14. All landscaping, irrigation, decorative rock, decorative concrete, sidewalk, lighting, etc., shall be replaced to its original condition. Special Conditions Page 2 of 3 PERMIT NO. ENC2023-0024 Annual La Quinta Car Show /Traffic Control / 77865 Avenida Montezuma at La Quinta Community Park 15. Access and egress to all local properties shall be maintained at all times. 16. Pursuant to Section 14.16.375 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), permanent pavement replacement shall be completed no later than seven (7) days after the completion of the work. Permanent pavement replacement shall conform to the following conditions: No asphalt work will be required on this project. Reapply if excavation is required. 17. Permittee shall permanently stabilize any and all soil that was disturbed as a result of work performed under this permit with an approved dust control treatment. Soil stabilization shall be done immediately after completing the operation. 18. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time. 19. The permittee shall indemnify, hold harmless and assume the defense of the City from all damages, delay costs, costs or expenses in law or equity that may arise out of work under this permit. Special Conditions Page 3 of 3 / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (M M/DD/YYYY) 06/30/2022 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Shelley Self NAME: McClatchy Insurance Agency �CONNo Ext : (916) 488-4702 A/XC, No): (916) 488-2336 E-MAIL Shelley@McClatchyins.com ADDRESS: License #0724020 INSURER(S) AFFORDING COVERAGE NAIC # 2410 Fair Oaks Blvd, Suite 140 INSURERA: Great American Insurance Company of New York 22136 Sacramento CA 95825 INSURED INSURER B : USLI 25895 INSURER C : Greater Coachella Valley Chamber of Commerce INSURER D : 82921 Indio Blvd INSURER E : INSURER F : Indio CA 92201 COVERAGES CERTIFICATE NUMBER: CL2263018215 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 LTR TYPE OF INSURANCEADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 �X OCCUR DAMAGE TO PREM SES Ea oNcRETE ante $ 1,000,000 _7CLAIMS-MADE MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 A Y SPP1302733 07/01/2022 07/01/2023 GEN-LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 X JECT LOC PRODUCTS-COMPOPAGG $POLICY❑PRO 4,000,000 Liquor Liability Exclusion $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS SPP1302733 07/01/2022 07/01/2023 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED �/ NON -OWNED AUTOS ONLY /� AUTOS ONLY X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 A EXCESS LAB CLAIMS -MADE SPP1302733 07/01/2022 07/01/2023 DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Directors &Officers General Aggregate $2,000,000 B ND01570471D 06/24/2022 06/24/2023 Each Occurrence $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of La Quinta and its officers and employees are included as additional insured with respects to General Liability, per terms and conditions of policy Al Policy form BP 86 68 (P. 74 -84). Insurance is primary and non-contributory. Waiver of Subrogation applies on general liability. 30 days notice of cancellaton applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of La Quinta ACCORDANCE WITH THE POLICY PROVISIONS. 78495 Calle Tampico AUTHORIZED REPRESENTATIVE La Quinta CA 92253 t_� �elC @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) Acct#: 2943348 2/7/2023 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lockton Companies PHONE FAX A/C No Ext : 844-290-4908 A/C No), 444 W 47th Street, Suite 900 ADDRESS: BBSlcerts@locktonaffinity.com Kansas City, MO 64112-1906 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Ace American Insurance Co. 22667 INSURED Barrett Business Services, Inc. INSURER B : L/C/F THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE DBA: GCVC INSURER C 82921 INDIO BLVD INDIO, CA 92201 INSURER D INSURER E 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE1:1 OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO- JECT ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE APer accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A X C51247759 7/1/2022 7/1/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Policy State = CA Waiver of Subrogation in favor of certificate holder when required by written contract 30-Day Notice of Cancellation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF LA QUINTA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 78495 CALLE TAMPICO IN ACCORDANCE WITH THE POLICY PROVISIONS. LA QUINTA, CA 92253 AUTHORIZED REPRESENTATIVE A,, , @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 BP 86 41 (Ed. 11 06) Policy: SPP 1302733 06 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: SAFEPAK@) BUSINESSOWNERS POLICY SPECIAL FORM PART TWO - SAFEPAK® LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: City of La Quinta And Its Officers & Employees 78495 Calle Trampico La Quinta, CA 92253 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). PART TWO - SAFEPAK LIABILITY COVERAGE FORM, C. 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: A. in the performance of your ongoing operations; or B. in connection with your premises owned by or rented to you. BP 86 41 (Ed. 11/06) (Page 1 of 1) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 b. "property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this Policy. 6. "Additional Insureds" When Required by Written Contract, Written Agreement or Permit a. The persons or organizations described in paragraphs b. through g. below are also insureds (and may also be referred to below as "additional insureds"), but only if: (1) either: (a) you have agreed, in a written contract to have such person or organization added as an "additional insured" under this Policy; or (b) a permit issued to you by a state or political subdivision requires such person or organization to be added as an "additional insured" under this Policy; and (2) the "bodily injury", "property damage", or offense causing "personal and advertising injury" occurs subsequent to execution of the contract or agreement, or issuance of the permit. A person's or organization's status as an "additional insured" under paragraphs b. through g. ends at the earlier of: (1) the end of the minimum period of time required by the contract or permit, or (2) the expiration of the policy period of this Policy No person or organization is an "additional insured" under paragraphs b. through g. if such person or organization is an insured by virtue of an endorsement issued by us and attached to this Coverage Form. b. Vendors (1) Subject to a., above, any person or organization that distributes or sells "your product" in the regular course of that person's or organization's business (referred to below as vendor) as an "additional insured", but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, and only if this Coverage Form provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". However: (a) the insurance afforded to such vendor only applies to the extent permitted by law; and (b) the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. (2) No vendor is an insured with respect to any: Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 74 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 (a) "bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) express warranty unauthorized by you; (c) physical or chemical change in the product made intentionally by the vendor; (d) repackaging, except when "your product" is unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the product; (f) demonstration, installation, servicing or repair of "your product", except such operations performed at the vendor's premises in connection with the sale of the product; (g) product which, after distribution or sale by you, has been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "bodily injury" or "property damage" arising out of the sole negligence of: (i) the vendor for its own acts or omissions; or (ii) the vendor's "employees" or anyone else acting on its behalf. However, paragraph (h) does not apply to: (i) the exceptions contained in subparagraphs (d) or (f); or (ii) such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (3) The coverage afforded for vendors under paragraph b. does not apply to any person or organization from whom you have acquired either such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. Lessors of Equipment (1) Subject to a., above, any person or organization from whom you lease equipment is an "additional insured", but only with respect to liability arising out of your maintenance, operation or use of equipment you lease from that person or organization. However: (a) the insurance afforded to such "additional insured" only applies to the extent permitted by law; and Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 75 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 (b) the insurance afforded to such "additional insured" will not be broader than that which you are required by the contract or agreement to provide for such "additional insured". (2) No such person or organization is an "additional insured" as respects any: (a) "occurrence" which takes place before the equipment lease begins or after the equipment lease expires, or (b) "bodily injury", "property damage", or "personal and advertising injury" arising out of the sole negligence of such person(s) or organization(s). d. Lessors of Land or Premises (1) Subject to a., above, any person or organization from whom you lease land or premises is an "additional insured", but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. However: (a) the insurance afforded to such "additional insured" only applies to the extent permitted by law; and (b) the insurance afforded to such "additional insured" will not be broader than that which you are required by the contract or agreement to provide for such "additional insured". (2) No such person or organization is an "additional insured" as respects any: (a) "occurrence" that takes place before you lease that land or premises; or (b) "occurrence" that takes place after your lease ends; or (c) structural alteration, new construction or demolition operation performed by or on behalf of such person(s) or organization(s). e. Architects, Engineers or Surveyors (1) Subject to a., above, any person or organization you engage as an architect, engineer, or surveyor is an "additional insured", but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in party, by your acts or omissions or the acts or omissions of those acting on your behalf in connection with your premises or in the performance of your ongoing operations: However: (a) the insurance afforded to such "additional insured" only applies to the extent permitted by law; and (b) the insurance afforded to such "additional insured" will not be broader than that which you are required by the contract or agreement to provide for such "additional insured". Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 76 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 f. Permits Or Authorizations Relating To Premises Issued By State Or Governmental Agency Or Subdivision Or Political Subdivision (1) Subject to a., above, any federal, state, or local government or governmental agency or subdivision or political subdivision that issues you a permit or authorization with respect to the following hazards in connection with premises you own, rent, or control and to which this insurance applies, is an "additional insured" as respects such activity(ies) at the premises: (a) the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, decorations and similar exposures; (b) the construction, erection, or removal of elevators; or (c) the ownership, maintenance, or use of any elevators covered by this insurance. g. Any Other Party (1) Subject to a., above, any person or organization described neither: (a) as an insured in C.1. through C.S., nor (b) as an "additional insured" in b. through f. above, is an "additional insured", 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: (i) in the performance of your ongoing operations; (ii) in connection with premises owned by or rented to you; or (iii) in connection with "your work" and included within the "products -completed operations hazard", But (iii) applies only if this Coverage Form provides coverage for "bodily injury" or "property damage" within the "products -completed operations hazard". However: (a) the insurance afforded to such "additional insured" only applies to the extent permitted by law; and (b) the insurance afforded to such "additional insured" will not be broader than that which you are required by the contract or agreement to provide for such "additional insured". No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 77 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. insureds; b. claims made or "suits" brought; or c. persons or organizations making claims or bringing "suits". 2. The most we will pay for the sum of all damages because of all: a. "bodily injury", "property damage" and medical expenses arising out of any one "occurrence"; and b. "personal and advertising injury" sustained by any one person or organization; is the Liability and Medical Expenses limit shown in the Declarations. But the most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses limit shown in the Declarations. c. For all sums which the Insured becomes legally obligated to pay as damages caused by an "occurrence" under Coverage a, section 1. Business Liability, and for all medical expenses caused by accident under Coverage A, section 2. Medical Expenses, a separate Liability and Medical Expenses Limit of Insurance applies to each designated "location" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 3. The most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises while rented to you, or in the case of fire, lightning or explosion while rented to you or temporarily occupied by you with permission of the owner is the applicable Damage to Premises Rented to You limit shown for that premises in the Declarations. For a premises temporarily occupied by you, the applicable limit will be the highest Damage To Premises Rented To You limit shown in the Declarations. 4. Aggregate Limits The most we will pay for: a. all "bodily injury" and "property damage" that is included in the "products -completed operations hazard" is twice the Liability and Medical Expenses limit. b. all: (1) "bodily injury" and "property damage", except damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard"; (2) plus medical expenses; Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 78 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 (3) plus all "personal and advertising injury" caused by offenses committed; is twice the Liability and Medical Expenses limit. Subject to paragraphs 4.a. or 4.b. above, whichever applies, the Damage To Premises Rented To You Limit is the most we will pay for damages because of "property damage" to any premises, while rented to you, or in the case of fire, while rented to you or temporarily occupied by you with permission of the owner. 5. How Limits Apply to "Additional Insureds" The most we will pay on behalf of any "additional insured" described in C.6., above, is the amount of insurance: a. required by contract or agreement; or b. available under the applicable Limits of Insurance shown in the Declarations whichever is less. Such amounts shall not increase the applicable Limits of Insurance shown in the Declarations. The Limits of Insurance of the PART TWO - SAFEPAK® LIABILITY COVERAGE FORM apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the Insured or of the Insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties in the Event of "Occurrence", Offense, Claim or "Suit" a. You and any other involved insured must see to it that we are notified as soon as practicable of any "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) how, when and where the "occurrence" or offense took place; (2) the names and addresses of any injured persons and witnesses; and (3) the nature and location of any injury or damage arising out of the "occurrence" or offense. Failure of the insured to give first report of a claim to us shall not invalidate coverage under this Policy if the loss was inadvertently reported to another insurer. However, you shall report any such "occurrence" to us as soon as practicable once you become aware of such an error. b. If a claim is made or "suit" is brought against any insured, you must: Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 79 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 (1) immediately record the specifics of the claim or "suit" and the date received; and (2) notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) authorize us to obtain records and other information; (3) cooperate with us in the investigation, or settlement of the claim or defense against the "suit"; and (4) assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the Insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that Insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Knowledge of an "Occurrence", Offense, Claim or "Suit" Paragraphs a. and b. apply to any involved insured when the "occurrence", offense, claim or "suit" is known to: (1) that Insured, if the involved Insured is an individual; (2) any partner, if the involved Insured is a partnership; (3) any manager, if the involved Insured is a limited liability company; (4) any "executive officer", risk manager, or insurance manager, if the involved Insured is a corporation; (5) any trustee, if the involved Insured is a trust; or (6) any elected or appointed official, if the involved Insured is a governmental entity, or a subdivision or agency of a governmental entity. This paragraph e. applies separately to each involved insured. 3. Financial Responsibility Laws a. When this Policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the Policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and Limits of Insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability uninsured motorists, underinsured motorists, nofault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 80 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 4. Legal Action Against Us No person or organization has a right under this Policy: a. to join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. to sue us on this Policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable Limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claimant's legal representative. 5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies: a. as if each named insured were the only named insured; and b. separately to each insured against whom claim is made or "suit" is brought. 6. Representations By accepting this Policy, you agree: a. the statements in the Declarations are accurate and complete; b. those statements are based upon representations you made to us; and c. we have issued this Policy in reliance upon your representations. If you unintentionally fail to disclose all hazards relating to the conduct of your business at the inception date of this Policy, we shall not deny coverage under this Policy because of such unintentional failure, but only if you promptly make full disclosure of all such hazards upon discovery of any such unintentional failure to disclose. 7. Other Insurance If there is other insurance covering the same loss or damage, we will pay as follows. a. Primary Insurance This insurance is primary except when b. below applies. If the other insurance is also primary, we will share with all that other insurance by the method described in paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) any of the other insurance, whether primary, excess, contributory, non-contributory, contingent, or on any other basis; Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 81 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 (i) that is Fire, Lightning, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) that is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (III) that is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) if the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to exclusion g. of PART TWO - SAFEPAK® LIABILITY COVERAGE FORM. (v) that arises out of "property damage" to borrowed equipment or the use of an elevator, to the extent not subject to exclusion 1.k. of section B. Exclusion. (2) Any other insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an "additional insured"; or (3) (a) Any other insurance available to any person or organization that is an "additional insured" under this Policy. However, this insurance is primary if you have so agreed in a written contract, or if a written permit so requires. If the "additional insured's" other insurance is also primary, we will share with such other insurance by the method described in c. below; (b) If you have so agreed in a written contract, or if a written permit so requires, this insurance is primary and non-contributory with the "additional insured's" own insurance. In that case, this insurance is primary and we will not seek contribution from that other insurance; (c) If (b) does not apply, and if a claim or "suit" we cover under this insurance may also be covered by other insurance available to an "additional insured", then that "additional insured" must also submit the claim or "suit" to the other insurer for defense and indemnity. Paragraphs (a) and (b) do not apply to other insurance to which an "additional insured" under this Policy has been added as an "additional insured". (4) When this insurance is excess, we will have no duty under this Policy to defend the Insured against any "suit" if any other insurer has a duty to defend the Insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the Insured's rights against all those other insurers. (5) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) the total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) the total of all deductible and self -insured amounts under all that other insurance. (6) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance Provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Policy. Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 82 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 c. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable Limit of Insurance to the total applicable Limits of Insurance of all insurers. 8. Transfer of Rights of Recovery Against Others to Us a. Transfer of Rights of Recovery If the Insured has rights to recover all or part of any payment, including supplementary payments, we have made under this Policy, those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expense Coverage. b. Waiver of Rights of Recovery (Waiver of Subrogation) If the Insured waives any right of recovery against any person or organization for all or part of any payment, including supplementary payments, we make under this Policy, we also waive that right, provided the Insured waives such right of recovery against such person or organization in a written contract or written permit executed before the "occurrence", "bodily injury", "property damage", offense, or "personal and advertising injury" that took place. F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. notices that are published include material placed on the Internet or on similar electronic means of communication; and b. regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an "advertisement". 2. "Additional insured" means: a. when referring to an "additional insured" under this insurance: (1) a person or organization that is neither a named insured nor described in paragraphs 1. through 5. of Section C - WHO IS AN INSURED, but is an insured under this insurance only by virtue of: (a) paragraph 6. of Section C - WHO IS AN INSURED; or (b) an endorsement we issue. Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 83 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 b. when referring to an "additional insured" under any other insurance, a person or organization that is, under that other insurance, neither a Named Insured nor within that Policy's general description of who is an insured, but is nevertheless protected under that Policy as an insured pursuant to a policy provision or endorsement describing an "additional insured". 3. "Auto" means: a. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 4. "Bodily injury" means "bodily injury", sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 5. "Coverage territory" means: a. the United States of America (including its territories and possessions), Puerto Rico and Canada; b. international waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph a. above; c. all other parts of the world if the injury or damage arises out of: (1) goods or products made or sold by you in the territory described in paragraph a. above; or (2) the activities of a person whose home is in the territory described in paragraph a. above, but is away for a short time on your business; or (3) "personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication. provided the Insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. 6. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 7. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by laws or any other similar governing document. S. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 9. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. it incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 84 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 b. you have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 10. "Insured contract" means: a. a contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. a sidetrack agreement; c. any easement or license agreement, except in connection with construction or demolition operations or within 50 feet of a railroad; d. an obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. an elevator maintenance agreement; f. that part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; (2) that indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the Insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, or engineering activities. 11. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 12. "Loading or unloading" means the handling of property: a. after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06118) (Page 85 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 b. while it is in or on an aircraft, watercraft or "auto"; or c. while it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but 'loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 13. "Mobile equipment' means any of the following types of land vehicles, including any attached machinery or equipment: a. bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. vehicles maintained for use solely on or next to premises you own or rent; c. vehicles that travel on crawler treads; d. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) power cranes, shovels, loaders, diggers or drills; or (2) road construction or resurfacing equipment such as graders, scrapers or rollers; e. vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) cherry pickers and similar devices used to raise or lower workers; f. vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) equipment designed primarily for: (a) snow removal; (b) road maintenance, but not construction or resurfacing; or (c) street cleaning; (2) cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment' does not include any land vehicles that are subject to a Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 86 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 14. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 15. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. false arrest, detention or imprisonment; b. malicious prosecution; c. the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. oral or written publication, in any manner, of material that violates a person's right of privacy. f. the use of another's advertising idea in your "advertisement"; or g. infringing upon another's copyright, trade dress or slogan in your "advertisement". 16. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 17. "Products -completed operations hazard": a. includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) products that are still in your physical possession; or (2) work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) when all of the work called for in your contract has been completed. (b) when all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 87 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) the transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) the existence of tools, uninstalled equipment or abandoned or unused materials; or 18. "Property damage" means: a. physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 19. "Suit' means a civil proceeding in which damages because of "bodily injury", "property damage", or "personal and advertising injury" to which this insurance applies are alleged. "Suit' includes: a. an arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent; or b. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. 20. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 21. "Volunteer worker" means a person who is not your "employee", and who donates his or her work, acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 22. "Your product' means: a. means: (1) any goods or products, other than real property, manufactured, sold handled, distributed or disposed of by: (a) you; Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 88 of 92) R * AO * 05/05/2022 * SPP 1302733 06 00 Great American Insurance Company of New York *D/B* 459318417 488930 (b) others trading under your name; or (c) a person or organization whose business or assets you have acquired; and (2) containers (other than vehicles), materials, parts or furnished in connection with such goods or products. b. includes: (1) warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) the providing of or failure to provide warnings or instructions. c. does not include vending machines or other property rented to or located for the use of others but not sold. 23. "Your work" means: a. means: (1) work or operations performed by you or on your behalf; and (2) materials, parts or equipment furnished in connection with such work or operations. b. includes: (1) warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) the providing of or failure to provide warnings or instructions. SAFEPAK® COMMON POLICY CONDITIONS All coverages of this Policy are subject to the following conditions. A. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this Policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 5 days before the effective date of cancellation if any one of the following conditions exists at any building that is Covered Property in this Policy. (1) The building has been vacant or unoccupied 60 or more consecutive days. This does not apply to: (a) seasonal unoccupancy; or Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 06/18) (Page 89 of 92) Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number Barrett Business Services, Inc. Policy Number L/C/F THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE 82921 INDIO BLVD Symbol: WLR Number: C51247759 INDIO, CA 92201 Policy Period Effective Date of Endorsement 7/1/2022 TO 7/1/2023 2/7/2023 Issued By (Name of the Insurance Company) Ace American Insurance Co. Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3. Premium: The premium charge for this endorsement shall be 1.0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: $0 Authorized Agent WC 90 03 75 (05/18)