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HomeMy WebLinkAboutPW16-051 - Original - West Sound Wildlife Shelter - H2O 2014 Water Festival - 03/22/2016 4 4 f Kec , . KENT Document WA9HiNOTON a3 k ( ? CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: West Sound Wildlife Shelter Vendor Number: 7D Edwards Number Contract Number: VY` 0 uj-, This is assigned by City Clerk's Office Project Name: 2016 Water Festival Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 2/10/16 Termination Date: 3/24/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Gina Hungerford Department: Engineering Contract Amount: $1 200.00 Approval Authority: (CIRCLE ONE) (Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax i , e c.): Present six 45 minute presentations at the festival. As of: 08/27/14 CITY OF KENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 5th day of January by and between , West Sound Wildlife Shelter hereinafter called "The Presenter" and the "City of Kent, hereinafter called "The Sponsor". WITNESSETH: In consideration of the covenants and agreements herein contained, the parties hereto agree as follows: 1) ENGAGEMENT. The Sponsor desires, and the Presenter agrees, to present six 45 minute presentations at Kent's H2O-2016 Water Festival at Green River Community College, 12401 SE 320th Street, Auburn, WA 98092-3622 on March 22 and 23, 2016. For a description, see the Presenter's Scope of Work which is attached as Exhibit A and incorporated by this reference. 2) PAYMENT. The Sponsor shall pay Presenter the total sum of$1,200.00 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. 3) LOCATION. The Sponsor agrees, at their own expense to furnish the classroom for the presentation herein contracted for. 4) IMPOSSIBILITY OF PERFORMANCE. The performance will take place rain or shine. The Presenter shall be under no liability for failure to appear or perform in the event that such a failure is caused by or due to acts or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic, interruption or delay of transportation service, inability to secure transportation of any other cause beyond the control of the Presenter, or if such failure is caused by a "superior force"(s) defined under Washington law. 5) NOTICES. All notices to be given and communications to be addressed to the Presenter and in connection herewith shall be given to: Lynne Weber, West Sound Wildlife Shelter, 7501 NE Dolphin Drive, Bainbridge, WA 98110. 6) HOLD HARMLESS. Each party shall defend, indemnify and hold the other harmless for losses attributed to each party's own comparative negligence. 7) INDEMNIFICATION. Presenter shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. 8) INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B. 9) WORK PERFORMED AT PRESENTER'S RISK. Presenter shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Presenter's own risk, and Presenter shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 10) THIS AGREEMENT and any attachments represent the full understanding between the parties, and the Presenter shall not be bound to any terms or undertakings other than other contained herein. 11) THIS AGREEMENT shall be considered a Washington contract and the laws of Washington shall determine any matters pertaining to this contract. IN WITNESS THEREOF the parties hereto have executed this agreement. SPONSORa 7 t" � r PRESENTER ' Signed Date '�. S ned Date Kelly Peterson Special ProjectsfTransportation Manager Name, Title 220 Fourth Avenue South Kent WA 98032 Address (253) 856-5547 Phone EXHIBIT A A CENTER FOR REHABILITATION d EDUCATION December 10, 2015 WHO: West Sound Wildlife Shelter,Attn. Lynne Weber 7501 NE Dolphin Drive, Bainbridge, WA 98110 BOARD OF Phone: 206-855-9057, email: lynne@westsoundwildlife,org. DIRECTORS - WHAT: Perform three 45-min. presentations each day at the H2O-2016 Water Festival, Rob Frankland hosted by the City of Kent at Green River Community College on March 22 & 23, 2016. 2- President 3 presenters will bring 2-4 birds (Turkey Vulture, Hawk, Falcon, Owl/Opossum)for show Elizabeth Ward and tell; discuss: life cycle, habitat needs including importance of clean water for Vice President wildlife; approx. 500 students will benefit from these sessions; students observe only/no Gayle Seyl physical contact with animal is allowed. Treasurer TOTAL COST: $1,200 Wini Jones Secretary Both days will operate on the same schedule: three (3) 45-minute presentations,the first Doug Burns one starting at 10:05,the second one starting at 11:05, with the final presentation of the Jan Harris day starting at 12:35. The presentations will introduce/provide information on the guest Alexandra Jackson Mike Sebastian birds/animals, lifespan,what its role is in the environment,food source,what injury it Lynne Evans-Sleeper sustained that resulted in it coming to our facility, and the birds/animals' habitat Margaret Strachan requirements—that's where we'll emphasize that it's not just people that need a clean, Lisa Horn ex-onklo healthy environment & clean water, but animals need these things too. STAFF And,finally, we'll connect the dots/empower the students by telling them what they can Lisa Horn do to help wildlife- like not littering, as too many kids and adults still drop their candy or Executive Director food wrappers and food waste on the ground. i Alicia Bye, DVM Cate McCaslin Thousands of animals are killed each year because they think the littered item may be Sarah Rash food and attempt to eat it and choke on it, get entangled or trapped in it (i.e. plastic Brandy Stier bags), or the bird/animal gets hit by a car as it is attempting to pick up litter or bio- Laura Voegtlin Lynne Weber degradable food someone carelessly tossed out the car window. Kids can help to keep birds/animals safe by putting those candy or food wrappers or food remnants (I.e. apple cores, banana peels) in their pocket until they get to a trash can/compost bin instead of littering. e 7E01 NE DOLPHIN DRIVE aAN 9RIOQE ISLAND. WA 98119 t?'�'� 15'-. 7: 206.855.905] F: 206.842.6027 � M_ EXHIBIT B INSURANCE REQUIREMENTS FOR PERFORMANCE AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage, If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 it 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. I F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. WEST-11 OP ID:PL CERTIFICATE OF LIABILITY INSURANCE DarE(MMloorvvvl 02/1112016 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(% AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) 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 endorsements, PRODUCER NAME CT Select Accounts P&C Brown&Brown Of Washington PRONE FA% 253.3985500 P.0.Box 1718 ac No,ea0; ,vc No: 253-996-4500 Tacoma,WA 98401 E"MAIL Select Accounts P&C ADDRESS: "" INSURERS AFFORDING COVERAGE NAICtl _ INSURERA:Great American Ins Co 16691 INSURED West Sound Wildlife Shelter INSURERS: Lisa Honn 7501 NE Dolphin Dr WsuRERc: Bainbridge Island,WA 98110 INSURERD: 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 TYPE 4P INSURANCE ADOL UB p4LICY NUMBER NIDO/YYFYY MMl�� YY LIMITS LTRImAn MID A X COMMERCIALBENERALLIABILITY EACH OCCURRENCE $ 1,000,00 ACS373608-13 0210212010 02/02/2017 DAMAGE PREMISES(Esoc7Eb CLAIM6-MADE1XI OCCUR X P 100,00 -RENT $ MED EXP(Any one person) 3 10,00 PERSONAL a ADV INJURY $ 1,000,00 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 X POLICY PECT RO- LOC PRODUCTS-COMPIOPAGO $ 2,000,00 J OTHER: $ COMBINED SINGLE LIMIT $ 1,000,00 AUTOMOBILE LIABILITY Ea emltlen A 71 ANY AUTO PACS373608.13 07JOV2016 02/02/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per amdent) $ 'AUTOS AUTOS X X NON-OWNED PROPERTY ntDAMAGE $ HIRED AUTOS AUTOS -- S UMBRELLA LAB OCCUR EACH OCCURRENCE S EXCESS UAB CLAIMS-MADE AGGREGATE S DED I I RETENTION$ $ WORKERS COMPENSATION PER TUTE �_,_ ER AND EMPLOYERS'DABIUf1' ANY FRO PRIETOR/PARTNERIEXBCUTIVE Y� N/A E.L.EACH ACCIDEM E OFMCERMEMMR EXCLUDED? (Mandatory In NHl E.L.DISEASE-EA EMPLOYEE S If yyes de¢rribeunder DESCRIPTION OF OPERATIONS bolow E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS(LOCATIONS I VEHICLES (ACORD 101,Additional Remarks schedule,maybe aDach di R mom spare Is required) See attached Holder Notes... CERTIFICATE HOLDER CANCELLATION ',.. CITY-87 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS, 400 West Gowe Kent,WA 98032 AUTHORIZED REP RESENTA TIVE G� rll•T'Y✓ 1 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD NOTEPAD: NDL°ERCODE CITY-87 _ WEST-11 - PAGE IN$DaED•s NAME West Sound Wildlife Shelter OP ID: PL Date 02111 MOW Certificate holder is named as an additional insured, as required by written contract, subject to the terms and conditions of the policy. Endorsement #CG8970 (ad. 11/14) is attached. I i t; ' 31°1k1@3ltS•PAar537 den-13 ®RIG IMAGE COPY 0263547 GREAT A ERICAN ASSURANCE t sta uaa tCC 80 70 ffA 11114) Itl� P � lrBa�ii�Apft THIS ENDORSEMENT CHANGES THE POLUDY. PLEASIE MAD IT LLY, This Endorsement modifies arid-is.subject to the Insurance provided uhdsr the following form. OWMERCIAL CITY covEiLAw PART The following Miamian only dpphss in the avard that no other epeoulic Coverage for the Indicated less exposure is provided under this Polioyo If other specific caverage oppGus, the tarms, conditions and Ilmfts of that Covomas are the onlusive coverage appiirabla under this Poky, unless otherwise noted in this Endorsement This 10 a summary of the various additional covaMes and eoveraga moddlestions provided by this Eridoreemerd. For complete 011kile on specffit coverages, oc"6411 the adual policy � I Coverage Piasarlipillpin Lima cif hwurairso Page Non®Qwnad Aircraft included 2 Won-Bwnsd Watercraft Includiod 2 Bodily lqury- . I Injury, Mental Anguish, Humaliptibin or Shook InclUOd 3 Madical Payments $ g0.000 .3 Damage to Premises hailed to You $ 1,000,000 3 Supplemantary payments - Sao a $ 3.000 4 Supplementary Payments- Lon of paenlhgi $ 1,000 per day 4 Newly Porthed or Acquired Orgerilwoons Included 4 Unintendonal F re to Disclose Ha d9 Included 6 Knowledge of Qccurrenc% Clslm br Bud Included 6 Property Wmage LlablIIq- Elevators Included 6 Property Ogniaga UaMlity,- Sorrowed Equipment included # Liberalization Glatt . Inc d Amendment of pollution EXcluslieg(Prprn ) Included 8 Limited Propofty DansWeAD Property of ?ydhers $ 6,0.00 b Additional Insured - Manapir or Lasser of Promises Inchaclsd 7 Ce Ora 70 Fd. 11114) (PW 1 of 12) C • S1 '12103/15'PAC6373608-13 ORIG IMAGE COPY 0253547 GREAT AMERICAN ASSURANCE CO Covetous Description Limit of Insurance Page Additional Insured - Funding Sources Included 7 Additional insured - By Contract Included e Primary and Nan-Contributory Additional Insured Extension Included 10 Additional Insureds - Protection of Your Limits Included 10 Blanket Waiver of Transfer of Rights of Recovery Against Others Included to Us (Subrogaillon) 11 Property Damage Extension With Voluntary Payments $ 11,000/$ 6.000 11 Who Is An Insured- Follow Employee Extension - Management Included Employees 12 Broadened Personal and Advertising Injury Included 12 A. Non-Owned Aircraft Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily I"Jury and Property Damage Liability, exclusion g.Aircraft,Auto or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. it is hired, chartered or loaned with a trained paid crew; 3. the pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating him or her a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance off ordad by this provision does not apply if there Is available to the insured other valid and collectible insurance, whether primary, excess (other then Insurance written to apply specifically In excess of this Policy), contingent or on any other basis, that would also apply to the loss covered under this provision, B. Non-Owned Watercraft Under paragraph 2. Bxcluelors of SECTION I COVERAGE A • Bodily Injury and Property Damage Liability,subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft is replaced by the following: This exclusion does not applyto; (2) A watercraft you do not own that is: (a) lass than 60 feet long: and CG 89 70 P. 11114) (page 2 of 12) C S1 "92/03716`PAC6373808-13 ORIG IMAGE COPY 0253547 GREAT AMERICAN ASSURANCE CO (b) not being used to carry persons or property for a charge. C. Bodily Injury - Mental Injury, Mental Anguish, Humiliation or Shock Under SECTION V - DEFINITIONS, Definition S. Is replaced by the following: S. "Badlly Injury" means physical injury, sickness, at disease, including death of a person. "Bodily Injury" also means mental injury, mental anguish, humiliation, or shock if directly resulting from physical Injury, sickness, or disease to that person. D. Medical Payments if Coverage C Medical Payments Is not otherwise excluded, the Medical Payments provided by this Policy are amended as follows; The Medical Expense Limit In paragraph T. of SECTION III - LIMITS OF INSURANCE Is replaced by the following Medical expense Limit The Medical Expense Limit provided by this Policy shall be the greater of; s. $20,000; or b. the amount shown in the Declarations for Medical Expense Limit This provision 7. is subject to all the terms of SECTION III . LIMITS OF INSURANCE. E. Damage to Promises Rented to You if Damage to Promises Rented to You is not otherwise excluded from this Coverage Part; 1. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability: 3. The last paragraph of paragraph 2. Exclusions Is deleted In Its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, leakage from an automatic firs protection system or water to premises while ranted to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described In SECTION III - LIMITS OF INSURANCE. However, this insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with the permission of the owner, caused by: 1. rupture, bursting, or operation of pressure relief devices; IL rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; IIL explosion of steam boilers, steam pipes,steam engines, or steam turbines; or Iv. flood 2. Paragraph 8. Under SECTION Ill - LIMITS OF INSURANCE is deleted In its entirely and replaced with the following: CO 89 70 (Ed. 11114) (Page 3 of 12) C 81 `12103115-PAC6373508-13 ORIG IMAGE COPY 0263547 GREAT AMERICAN ASSURANCE CO C Subject to paragraph S. above, the most we will pay under Coverage A for damages because of "property damage to any one premises, while rented to you, or in the case of damage caused by fire, lightning, explosion, smoke, leakage from automatic fire protection system or water while rented to you or temporarily occupied by you with the permission of the owner, for all such damage caused by fire, lightning, explosion, smoke, leakage from automatic fire protection systems or water proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, leakage from automatic fire protection systems or water or any combination of the six, is the higher of $1,000,000 or the amount shown in the Declarations for the Damage to Promises Rented to You Limit. 3. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDIT1oN , subsection 4. Other Insurance, paragraph b. Excess Insurance where the words "Fire Insurance" appear they are changed to "insurance for fire, lightning, explosion, smoke, leakage from an automatic fire protection system or water." 4. As regards coverage provided by this provision L Damage to Premises Rented to You - paragraph 0.a, of Definitions is replaced with the following: 9, a, a contract for a lease of premises. However, that portion of the contract for a Ideas of premises that indemnifies any person or organization for damage by fire, Iightning, explosion, smoke, leakage from automatic fire protection systems or water to promises while rented to you or temporarily occupied by you with the permission of the owner Is not an"Insured contract"; F, Supplementary Payments 1. In the Supplementary Payments - Coverages A and 8 provision, paragraph f.b. is replaced with: b. Up to $ 3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d,is replaced by the following: d. All reasonable expenses Incurred by the Insured at our request to social us in the investigation or defense of the claim of "suit," including actual loss of earnings up to $ 1 a day because of time off work. G. Newly Formed or Acquired Organizations Paragraph 8. of SECTION If - WHO IS AN INSURED is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a named insured if there is no other similar insurance available to that organization. However: a. coverage under this provision is afforded only until the expiration of the policy period In which the entity was acquired or formed by you; la, coverage A does not apply to "bodily, injury" or properly damage that occurred before you acquired or formed the organlzation; and c. coverage D does not apply to "personal and advertising Injury" arising out of an offense committed before you acquired or formed the organization. 00 89 70 (Ed. 11114) (Page 4 of 12) i C ` 81-12/03/16°PAC6373008-13 ORIG IMAGE COPY 0253647 GREAT AMERICAN ASSURANCE CO d. records and descriptions of operations must be maintained by the first named insured, No person or organization Is an Insured with respect to the conduct of any current or past partnership,joint venture or limited Iiablllty company that is not shown as a named Insured In the Declarations or qualifies as an insured under this provision. H. Unintentional Failure to Disclose Hazards Under SECTION IV . COMMERCIAL GENERAL LIABILITY CONDITIONS, the following Is added to Condition G. Reprossntations: Failure of the Insured to disclose all hazards existing as of the inception date of this Policy shall not prejudice the Insurance with respect to the coverage afforded by this Policy, provided such failure or omission is not intentional on the part of the Insured. 1. Knowledge of Occurrence,Claim or SUIT Under SECTION Iv • COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added Is Condition 2. Duties In the Event of Occurrence, Offense, Claim or Suit: Knowledge of any occurrence, claim, or suit by any agent, servant or employee of the Named Insured does not In Itself constitute knowledge by the Insured unless notion of such injury, claim or suit shall have been received by; a. you, If you are an Individual; b. a partner, if you are a partnership c. an exeoutive officer or insurance manager, if you are acorporation. J. Property Damage Liability - Elsvatora I. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and property Damage Liability, subparagraphs (3), (4) and (6) of exclusion J. Damage to Property do not apply if such property damage results from the use of elevators. 2. The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by this provision of this Endorsement is excess over any property Insurance, whether primary, excess, contingent or on any other basis. K, Property Damage Liability . Borrowed Equipment 1. Under paragraph 2. Exclusions of SECTION 1 - COVERAGE A - Bodily Injury and Property Damago Liability, subparagraph (4) of exclusion j. Damage to Property does not apply to "property damage" to borrowed equipment while not being used to perform operations at ajob site. 2. The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY Conditions, Condition 4. Other Insurance, paragraph Is.Excess Insurance: The Insurance afforded by this provision of this Endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. CG Su 70 P. 11/14) (Page 5 of 12) I C ' S1'12103115'PAC5373808-13 ORIG IMAGE COPY 0263547 GREAT AMERICAN ASSURANCE CC L Llberallxatlon Clause If we revise this Signature General Liability Broadening Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the data the revision is effective in your state. M. Amendment of Pollution Exclusion(Promisee) 1. The following is added to paragraph (1)(a) of Exclusion f, of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability: (Iv) 'Bodily injury' or 'property damage' arising out of the actual discharge, dispersal, seepage, migration, release or escape of "pollutants." As used in this Endorsement, the actual discharge, dispersal, seepage, migration, release or escape of pollutants must: (an) commence on a clearly identifiable day during the policy period; and (bb) arid, in its entirety, within seventy-two (72) hours of the commencement of the discharge, dispersal, seepage, migration, release or escape of "pollutants°; and ice) be discovered and reported to us within fifteen (15) days of the clearly identifiable day that the discharge, dispersal, seepage, migration, release or escape of 'pollutants' commences; and NO be neither expected nor intended from the standpoint of any insured; and (so) be unrelated to any previous discharge, dispersal, seepage, migration, release or escapa; and (fly not originate at or from *storage tank or other container, duct or piping which: a. is below the surface of the ground or water; or b. at any time has been buried under the surface of the ground or water and then is subsKuently exposed. 2. For the purposes of this coverage, the following is added to the definitlon of 'property damage" of SECTION V- DEFINITIONS and applies only as respects this coverage: Land or water, whether below ground level or not, is not tangible property, 3. Coverage provided hereunder does not apply to any discharge, dispersal, seepage, migration, release or escape that is merely threatened or alleged rather than shown to have actually occurred. N. Limited Property Damage to Property of Others The following is added under SECTION i - SUPPLEMENTARY PAYMENTS - COVERAGES A and Bt 3. We will pay up to $5,000 for loss to personal property of others while in the temporary care, custody or control of an Insured caused by any person participating in your organized activlues. For the purpose of this supplementary payment, loss shall mean damage or destruction but does not include mysterious disappearance or toss of use. In the event of a theft, a police report must to filed. This supplementary payment does not apply if: a, coverage is otherwise provided by the Property Coverage part (if any)of this Policy;or CG 89 70 (Ed. 11)14) 6 of 12) C * 81*12/03/15'PAC5373008-19 ORIG IMAGE COPY 0253541 GREAT AMERICAN ASSURANCE CO b, the loss is covered by any other insurance you have or by any insurance of such person who causes such loss. These payments will not reduce the Limits of Insurance. 0. Additional Insured - Manager or Lessor of Premises 1. SECTION II - WHO IS AN INSURED Is amended to Include as an additional insured any person or organization from Whom you lease or rent property and which requires you to add such person or organization as an additional insured on this Policy under. (a) a written contract; or (b) an oral agreement or contract where a Certificate of Insurance showing that person or organization as an additional Insured has bash issued; but the written or oral contract a agreement must be an"Insured contract," and, (Q currently In effect or become effective during the term of this Policy; and (11) executed prior to the "bodily Injury,"'properly damage," 'personal and advertising Injury." 2. With respect to the insurance afforded to the Additional Insured idarrtified in paragraph 1. above, the following additional provisions apply: (a) This insurance applies only with respect to the liability arising out of the ownership, maintenance or.use of that part of the premises leased to you. (b) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the Additional Insured are Inclusive of and not in addition to the Limits of Insurance shown In the Declarations. (a) In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contract. (d) Coverage provided herein is excess over any other valid and collectible insurance available to the Additional Insured whether the other insurance is primary, excess, contingent or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. (a) This insurance applies only to the extant permitted by law. 3. This Insurance does not apply to: (a) Any "oceurrenca" or offense which takes place attar you ceaso to be a tenant in that promises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Insured. P. Additional insured - Funding Sources 1. SECTION If - WHO IS AN INSURED Is amended to Include as an additional insured any Funding Source which requires you in a written contract to name the Funding Source as an additional insured but only with respect to liability arising out of: CG 8g 70 (Ed. 11/14) (Page 7 of 12) C ' Si"12d03115'PAC5373608.13 ORIG IMAGE COPY 0263647 GREAT AMERICAN ASSURANCE CO a. your promises; or b. 'your work' for such additional Insured; or c. acts or omissions of such additional Insured In connection with the general supervision of 'your worX" and only to the extent set forth as follows: a. The Limits of Insurance applicable to the Additional Insured are the lessor of those specified in the written contract or agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the Additional Insured are Inclusive of and not In addition to the Limits of Insurance shown in the Declarations. b. The Insurance afforded to the Additional Insured only applies to the extent permitted by law c. If coverage provided to the Additional Insured is required by a contract or agreement, 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. d, In no event shall the coverages or Limits of Insurance In this Coverage Form be Increased by such contract. Q. Additional Insu a - By Contract 1. SECTION II - WHO 18 AN INSURED is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization Is an additional insured but only with respect to liability for 'bodily injury,' property damage' or 'personal and advertising injury' arising out of: a. your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the Additional Insured that are subject of the written contract or written agreement provided that the "bodily injury' or "property damage occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or b, the maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or c. the Additional Insureds financial control of you; or d. operations performed by you or on your behalf for which the state or political subdivision has issued a permit However; 1. the insurance afforded to such additional Insured only applies to the extent permitted by law; and 2, if coverage provided to the Additional Insured is required by contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide such additional insured. With respect to paragraph 1.9.above, a person's or organization's status as an additional Insured under this Endorsement ends when: CCU 89 70 (Ed. 11114) (Page 8 of 12) C . 81612/03/15*PAC5373600-13 ®RIG IMAGE COPY 0253647 GREAT AMERICAN ASSURANCE CO (1) all work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed for or on behalf of the Additional Insured(s) at the location of the covered operations has hewn completed; or (2) that portion of 'your work" out of which the Injury or damage arises has been put to its intended use by any person or organization other then another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. With respect to paragraph 1eb. above, this insurance does not apply to any"occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The Insurance provided by this Endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage.' We he" ne duty to defend an additional Insured under this Endorsement until we receive written notice of a"suit" by the Additional Insured as required In paragraph b. of Condition 2, Duties In the Evant of occurrence, Offense, Claim or Suit under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITION. 2. With respect to the insurance provided by this Endorsement, the following are added to paragraph 2. Exclusions under SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability: This insurance does not apply to: a. 'Bodily Injury" or "property damage' that occurs prior to your commencing operations at the location where such 'bodily Injury" or "property damage°occurs. Is. 'Bodily Injury; "property damage" or "personal and advertising Injury' arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 12) supervisory, inspection, architectural or engineering activities. This exclusion applies even If the claims against any insured allega negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the `occurrence" which caused the 'bodily Injury" or 'property damage," or the offense which caused the "personal and advertising injury; involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. e. "Bodily injury' or 'property damage" occurring after: (1) all work, Including materials, parts or equipment furnished In connection with such work. on the project (other than service, maintenance or repairs) to be performed for or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or (2) that portion of "your work" out of which the Injury or damage arises has been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 2 cG 89 70 (Ed. 11/14) (Page 9 of 1 ) C * S1'12103115'PAC5373608-13 ORIG IMAGE COPY 0253547 GREAT AMERICAN ASSURANCE CO d. Any person or organization specifically designated as an additional Insured for ongoing operations by a separate additional insured endorsement issued by us and made part of this Policy. S. With respect to the Insurance afforded to these Additional Insureds, the following is added to SECTION iII - LIMITS OF INSURANCE: if coverage provided to the Additional Insured Is required by a contract or agreamaryl, the most we will pay on behalf of the Additional insured Is the amount of insurance: a. required by the contract or agreement; or b. available under the applicable Limits of insurance shown In the Declarations; whichever is loss. This Endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. R. Primary and Non-Contributory Additional Insured Extension This provision applies to any person or organization who qualifies as an additional Insured under any form or endorsement under this Policy. Condition 4. Other insurance of SECTION IV • COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following Is added to paragraph a. Primary 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 (2) you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. b. The following is added to paragraph b. Excess insurance: When a written contract or written agreement, other than a promises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the Additional Insured Is designated as a named insured. Regardless of the written agreement between you and an additional insured, this Insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the Additional Insured has been added as an additional insured on other policies. S. Additional Insureds - Protection of Your Limits This provision applies to any person or organization who qualifies as an additional Insured under any form or endorsement under this Policy. 1. The following is added to Condition 2. irtdias In the Event of Occurrence, Offense, Claim or Butt: An additional insured under this Endorsement will as soon as practicable: CG 89 70 (Ed. 11114) (Page 10 of 12) C Bt"t2/b3/95°pAC0973tB0&-93 ORIG IMAGE COPS' 0253647 GREAT AMERICAN ASSURANCE CO a, give written notice of an "occurrence" or an offense that may result In a claim or "auit" under this insurance to us; b. tender the defense and Indemnity of any claim or °suit" to all insurers whom also have insurance available to the Additional Insured; and c. agree to make available any other insurance which the Additional Insured has for a loss we cover under this Coverage Part. d. we have no duty to defend or indemnify an additional insured under this Endorsement until we receive written notice of a"suit' by the Additional Insured, 2. The Limits of insurance applicable to the Additional Insured are those specified in a written contract or written agreement or the Limits of Insurance stated in the Declarations of this Policy and defined in SECTION III - LIMITS OF INSURANCE of this Policy, whichever are less. These limits are Inclusive of and not in addition to the Limits of insurance available under this Policy. T. Blanket waiver of Transfer of Rights of Recovery Against Others to Us (Subrogaf.lon) Under SECTION IV • COMMERCIAL GENERAL LIABILITY CONDITIONS, the fallowing Is added to Condition 0. Transfer of Rights of Recovery Against Others to Us: if required by a written contract or written agreement, we waive any right of recovery we may have against a person or organization because of payment we make for injury or damage arising out of your ongoing operations or "your work" done under a contract for that person or organization and Included In the "products-completed operations hazard" provided that the Injury or damage occurs subsequent to the execution of the written contract or written agreement. U. Property Damage Extension with Voluntary Payments f. The following is added to paragraph 1. Insuring Agreement of SECTION I - COVERAGE A Bodily Injury and Property Damage Liability: At your request we will pay for "loss" to property of others caused by your business operations for which this Policy provides liability Insurance. Such payment will be made without regard to your legal obligation to do so. The "loss" must occur during the policy period and must take place in the"coverage territory." 2. With respect to the coverage afforded under paragraph 1. above, paragraph 2, Exclusions of SECTION I - COVERAGES A • Bodily Injury and property Damage Liability is amended as follows: Excluslons j.(3),j.(4),j.{6) and j.(6) are deleted. 3. As respects coverage afforded by this coverage, SECTION III - LIMITS OF INSURANCE Is replaced by the following: Regardless of the number of insureds, claims made or "suits" brought or persons or organizations making claims or bring "suits": 1. Subject to 2. Below, the most we will pay for one or more "loss" arising out of any one "occurrence" is $ 1, . 2. The aggregate amount we will pay for the sum of all "loss" In an annual period Is $ 5,000. This aggregate amount is part of and net In addition to the General Aggregate Limit described In paragraph 2.of SECTION III - LIMITS OF INSURANCE. CG S9 To (Ed. 11114) (Page 11 of 12) C 81"12/03/16"PAC6373006-13 ORIG IMAGE COPY 0263647 GREAT AMERICAN ASSURANCE CO V. Who Is an insured - Fellow Employee Extension - Management Employees 1. The following is added to paragraph 2"a41)of SECTION 11 - WHO IE AN INSURED: Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising Injury" caused by an °empinyea' who is acting in a supervisory capacity for you. Supervisory capacity as used heroin means the "employee's°job responsibilities assigned by you, including the direct supervision of other "amployee` of yours. However, none of these "employses" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful Intent to cause"bodily injury" or "personal and advertising injury,"caused in whole or in part by their Intoxication by liquor or controlled substances. This coverage is excess over any other valid and collectable insurance available to your "employ W. Broadened Personal and Advertising Injury 1. Unless "Passnnnl and Advertising Injury" is excluded from this Policy, the following Is added to SECTION V - DEFINITION$ Item 14.! In. mental injury, mental anguish, humiliation, or shock, If directly resulting from Items 14A. through 14.e. CG 89 70 (Ed. 11114) (Page 12 of 12)