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ENC2025-0017ta Qwkra CAT FORM .% - ENCROACHMENT PERMIT PUBLIC WORKS CONSTRUCTION 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/or APPROVED SUBDIVISIONS. DATE: 2/5/2025 LOCATION AND CONSTRUCTION: 77-865 Avenida Montezuma PURPOSE OF CONSTRUCTION: TRAFFIC CONTROL FOR THE LA QUINTA CAR SHOW DESCRIPTION OF CONSTRUCTION: TRAFFIC CONTROL FOR 2025 LA QUINTA CAR SHOW APROXIMATE TIME WHEN WORK WILL BEGIN: 2/22/2025 DATE OF COMPLETION: 2/22/2025 COMMENTS: 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. GCVCC Tina Rodriguez Name of Applicant TOPS N BARRICADES INC Dale Fifield Name of Contractor 787664 Contractor's License No. 45-149 Smurr Street Indio, CA 92201 (760) 347-0676 Business Address Telephone No. 44-503 JACKSON STREET INDIO, CA 92201 (760) 347-2111 Business Address Great American Insurance Company of New York Applicant's Insurance Company FEES Total: Telephone No. LIC-0771832-2024 City Business License No. SPP13027330800 Policy Number PERMIT NO: ENC2025-0017 DATE ISSUED: 2/6/2025 EXPIRATION DATE: 2/6/2026 BY: Amy Yu If the work is covered by a Subdivision Improvement Agreement, Subdivider shall request final acceptance of improvements from the City Council. 2/6/2025 2:59:15 PM 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. ENC2025-0017 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 (Tina Rodriguez), 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 22, 2025. 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 1st 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 1st 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. ENC2025-0017 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, 51h 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. ENC2025-0017 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) 07/08/2024 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 : Hartford Casualty Ins. Co. 29424 INSURER C : USLI Greater Coachella Valley Chamber of Commerce INSURER D : 45-149 Smurr Street INSURER E : Suite A INSURER F : Indio CA 92201 COVERAGES CERTIFICATE NUMBER: CL247820307 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 CLAIMS -MADE OCCUR PREM SES Ea oNcE ante $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 A Y Y SPP1302733 08 00 07/01/2024 07/01/2025 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 X JECT LOC PRODUCTS-COMP/OPAGG $POLICY❑PRO 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS SPP1302733 08 00 07/01/2024 07/01/2025 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY /� AUTOS ONLY X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 A EXCESS LAB CLAIMS -MADE SPP1302733 08 00 07/01/2024 07/01/2025 DED I X1 RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N /A Y 57WECBLOLHI 11/16/2024 11/16/2025 X STATUTE ERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ Directors and Officers $2,000,000 Directors and Officers C ND01570471F 06/24/2024 06/24/2025 Employment Practices $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Event: La Quinta Car Show Date: 2/22/2025 Location: 77865 Avenida Montezuma, La Quinta, CA 92253 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 and Worker's Compensation. 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 1� �elC @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD R * AO * 06/28/2024 * SPP 1302733 08 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 * 06/28/2024 * SPP 1302733 08 00 Great American Insurance Company of New York *D/B* 459318417 488930 BP 87 55 (Ed. 01 06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS - ASSOCIATION TRUSTEES AND COMMITTEE MEMBERS This endorsement modifies insurance provided under the following: SAFEPAK@ BUSINESSOWNERS POLICY SPECIAL FORM - PART TWO - SAFEPAK@ LIABILITY COVERAGE FORM Section C. Who Is an Insured, paragraph 1., is hereby amended by adding the following two sentences at the end of subparagraph 1.d.: Your committee members are also insureds, but only with respect to their duties as your committee members. Your trustees are also insureds, but only with respect to their duties as your trustees. The insurance provided by this endorsement for your committee members and trustees is excess over any and all other insurance that applies to the same "occurrence," claim, or "suit," and is subject to the Other Insurance Condition in the Common Policy Conditions. BP 87 55 (Ed. 01/06) XS R * AO * 06/28/2024 * SPP 1302733 08 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) F'M-, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEC BL0LH1 Endorsement Number: Effective Date: 11/16/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Greater Coachella Chamber of Commerce SMURR ST SUITE A INDIO CA 92201 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 11/13/24 Policy Expiration Date: 11/16/25 R * AO * 06/28/2024 * SPP 1302733 08 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 * 06/28/2024 * SPP 1302733 08 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)