Loading...
HomeMy WebLinkAboutSports Facilities Group Inc; 2020-06-11; PKRC20-0417Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT SCOREBOARD PROTECTIVE NET INSTALLATION: CONTRACT PKRC20-0417 This letter will serve as an agreement between Sports Facilities Group, Inc., a corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install protective netting on three scoreboards, per the Contractor's proposal dated April 13, 2020 and City specifications, for a sum not to exceed four thousand four hundred and seventy-five dollars ($)4,475. This work is to be completed within 30 working days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers, officials, employees and volunteers, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expen!;es of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers' Liability in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Insurance is to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4, California Labor Code} and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be su · ct to civil penalties for the filing of false claims as set forth in the California False Claims Act, Govern en ode sections 12650, et seq .. and Carlsbad Municipal Code Sections 3.32.025, et seq. ---+-'CU£-init ____ init 6. The Contractor hereby acknowledges that debarment by another jurisdiction iskl-oi.mds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. ~ init ___ init 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. SCOREBOARD PROTECTIVE NET INSTALLATION: CONTRACT PKRC20-0417 - 1 -City Attorney Approved 2/29/2016 Tracking#: 8. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. City Contact: Temu;;n Matsubara, 760-434-2844 Contractor Contact: Paul Truxaw 866-311-7344 CONTRACTOR, Sports Facilities Group, Inc. PO Box 7024 Riverside, CA 92503 Phone: 866-311-7344 Fax: 951-637-8406 Email: PaulT@sportsfacilitiesgroup.com By _12 ~ ~Z>~~ (sign here) ~'1/J.lT D, b.Mp/1.JsR 0.c., o. Bye 9 :;• ~•me/title) ~ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: nager, Deputy City Manager or artment Director . onzed by the City Manager Dated: (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY/~ SCOREBOARD PROTECTIVE NET INSTALLATION: CONTRACT PKRC20-0417 -2 --City Attorney Approved 2/29/2016 ~ SPORFAC-04 CSRINIVAS1 ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 4/27/2020 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 License # 0757776 ~2~r'cT Gail Schrenk HUB International Insurance Services Inc. rtgN:o, Ext): (951) 779-8763 I FAX PO Box 5345 (AIC, No):(951) 231-2572 Riverside, CA 92517 itt~~s.c;, Cal.CPU@Hubinternational.com INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A: Great American Excess & Surolus 37532 INSURED INSURER B: American Fire and Casualty Comoanv 24066 Sports Facilities Group, Inc. INSURER c: State Compensation Insurance Fund of California 35076 P. 0. Box 7024 INSURER D: Riverside, CA 92513-7024 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 SHOWIN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1~t:1 TYPE OF INSURANCE ~,.\>.m-~~~ POLICY NUMBER I POLICY EFF POLICY EXP LIMITS A j_~MMERCIAL GENERAL LIABILITY I IPL264489301 EACH OCCURRENCE !$ 1,000,000 r 1 : CLAIMS-MADE [K] OCCUR ! X I 12/1/2019 12/1/2020 ~~~~~U9E~~t7'~nce\ I $ 500,000 I X I Bl/PD Ded: $2,500 i 20,000 MED EXP (Anv one oerson\ $ I-I 1,000,000 PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 H POLICY oo jrfi= □ LOC PRODUCTS -COMP/OP AGG $ 2,000,000 I OTHER MAX AGG ALL PRO $ 5,000,000 ., B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 /Ea accidentl $ X ANY AUTO ' BAA57473654 12/1/2019 12/1/2020 BODILY INJURY /Per oerson\ $ OWNED ~ SCHEDULED I I I ~ AUTOS ONLY f----AUTOS ' ' BODILY INJURY (Per accident) $ , X HIRED X ~8{:loi•mJr.~ PROPERTY DAMAGE AUTOS ONLY /Per accident\ ' $ 'x Comp Ded $500 X Coll Ded $1,000 I I I $ A UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 2,000,000 f----XS264489401 i 12/1/2019 X EXCESS LIAB CLAIMS-MADE i 12/1/2020 AGGREGATE $ 2,000,000 ✓ OED i X I RETENTION $ 0 $ C WORKERS COMPENSATION XI ~ffTUTE I I OTH-AND EMPLOYERS' LIABILITY ER YIN 911872019 12/1/2019 12/1/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [Y] E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory in NH) E L. DISEASE -EA EMPLOYEE $ If yes, describe under 1,000,000 I DESCRIPTION OF OPERATIONS below E L DISEASE -POLICY LIMIT $ I I I I I i I I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES g,coRD 101, Additional Remarks Schedule, may be attached if more s}jace Is required) Insured Location: 9328 Narnia Drive Riverside A 92503 Excess Liability policy follows underlying po icies of GL, Auto & WC Revised 4/27/2020 -This certificate rescinds and supersedes any and all prior certificates issued on behalf of the Named Insured. City of Carlsbad is Additional Insured with regard to General Liability when required by written contract per the attached endorsement form ESG3206 (Ed. 01/16). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Ave. Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE I ~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PL2644893-01 Effective Dates: 12/1 /19 -12/1 /20 t;;reat American t:.&::s insurance t.,;ompany ESG 3206 (Ed. 01 /16) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL TY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This is a summary of the various additional coverages and coverage modifications provided by th is endorsement. For complete details on specific coverages, consult the Policy wording. Coverage Limit of Insurance Page Non-Owned Aircraft Included 2 Non-Owned Watercraft Included 2 Medical Payments Increased Limits $20,000 3 Who Is An Insured: Broadened Named Insured Included 3 Who Is An Insured: Fellow Employee Included 3 Who Is An Insured: Newly Formed or Acquired Organizations Included 4 Knowledge of Occurrence, Claim or Suit Included 4 Unintentional Errors Or Omissions Included 4 Personal & Advertising Injury Amendment of Discrimination or Included Humiliation 4 Incidental Malpractice Liability Included 5 Additional Insured: Owners, Lessees, and Contractors Included 5 Additional Insured: Vendors Included 6 Primary and Non-Contributory Extension Included 8 Damage to Premises Rented to You (Fire, Lightning, and $500,000 "Explosion") 8 Waiver of Subrogation Included 9 Property Damage -Elevators Included 9 ESG 3 2 0 6 (Ed. 01 / 1 6) (Paae 1 of 1 0) Policy Number: PL2644893-01 Effective Dates: 12/1/19 -12/1/20 (.jreat American t:.ix:s insurance c..;ompany Coverage Limit of Insurance Page Contractual Liability for Railroad Exposures Included 10 Supplementary Payments: Bail Bonds $2,500 10 Supplementary Payments: Loss of Earnings $500 10 Amended Bodily Injury Definition Included 10 A. Non-Owned Aircraft Under paragraph 2. Exclusions of SECTION I -COVERAGES -Coverage A -Bodily Injury 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 afforded by this provision does not apply if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than 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. Exclusions of SECTION I -COVERAGES -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 apply to: (2) A watercraft you do not own that is: (a) less than 5 5 feet long; and (b) not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply to watercraft 27 to 55 feet long if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than 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. ESG 3 2 0 6 (Ed. 01 / 1 6) (Paae 2 of 10) Policy Number: PL2644893-0l Effective Dates: 12/1/19 -12/1/20 t;;reat American t:6~ insurance t,;ompany C. Medical Payments Increased Limits Unless Coverage C -Medical Payments, or the Product-Completed Operations Hazard has been excluded from this Policy, the following applies: Under paragraph 2. Exclusions of SECTION I -COVERAGES, Coverage C -Medical Payments, exclusion f. Products-Completed Operations Hazard is replaced by the following: f. Product-Completed Operations Hazard Included within the "products-completed operations hazard." However, this exclusion does not apply to expenses for dental services. The Medical Expense Limit in paragraph 7. of SECTION Ill -LIMITS OF INSURANCE is replaced by the following Medical Expense Limit: The Medical Expense Limit provided by this Policy shall be the greater of: a. $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 Ill -LIMITS OF INSURANCE D. Who Is An Insured: Broadened Named Insured Under SECTION II -WHO IS AN INSURED, the following item 2.e. is added: e. Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a Named Insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its Limits of Insurance. E. Who Is An Insured: Fellow Employee 1. The following is added to paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business. However, none of these co-"employees" 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. Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, including the direct supervision of other "employees" of yours. However, none of these "employees" 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 collectible insurance available to your "employee" or "volunteer worker." ESG 3 2 0 6 (Ed. 0 1 / 1 6) (Paae 3 of 10) Policy Number: PL2644893-01 Effective Dates: 12/1/19 -12/1/20 {jreat American t:&;:; insurance l.;ompany F. Who Is An Insured: Newly Formed or Acquired Organizations Paragraph 3. of SECTION II -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 next occurring annual anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and b. coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization; and 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 liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. G. Knowledge of Occurrence, Claim or Suit Under SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to 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 notice of such "occurrence", claim or "suit" shall have been received by: a. you, if you are an individual; b. a partner, if you are a partnership; or c. an executive officer or insurance manager, if you are a corporation. H. Unintentional Errors or Omissions Under SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Representations: If you unintentionally fail to disclose any hazards existing at the inception date of this Policy, we will not deny coverage under this Coverage Form because of such failure. However, this does not affect our right to collect additional premium, exercise our right of cancellation or non-renewal, or enforce other legal rights based upon a material misrepresentation in response to a specific question in the application for this Policy. I. Personal and Advertising Injury Amendment of Discrimination or Humiliation Unless Coverage B -Personal and Advertising Injury Liability is excluded from this Policy or does not apply, the following applies: Under SECTION V -DEFINITIONS, paragraph 14. Personal and Advertising Injury, subparagraph h. is added: ESG 3 2 0 6 (Ed. 0 1 / 1 6) (Paae 4 of 10) Policy Number: PL2644893-0l Effective Dates: 12/1/19 -12/1/20 l..:ireat American t:&:::i insurance 1._;ompany h. discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) not done intentionally by or at the direction of; (a) an insured; or (b) any "executive officer," director, stockholder, partner or member of the Insured; and (2) not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. J. Incidental Malpractice Liability 1. SECTION II -WHO IS AN INSURED is amended by deleting item 2.a.(1)(d) in its entirety and replacing it with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services. 2. Under SECTION V -DEFINITIONS, paragraph 3. Bodily Injury is replaced by the following: 3. "Bodily injury" means injury, sickness, disease or "incidental medical malpractice" sustained by a person, including death of a person. "Bodily injury" also means mental anguish, mental injury, or shock if directly resulting from physical injury, sickness, or disease to that person. 3. The following is added to SECTION V -DEFINITIONS: "Incidental medical malpractice" means "bodily injury" arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services provided you are not engaged in the business or occupation of providing any services referred to in this definition. K. Additional Insured 1. Owners, Lessees, or Contractors a. SECTION II -WHO IS AN INSURED is amended to include as an additional insured: (1) Any person or organization, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (a.) premises or equipment you own, rent, lease or occupy; or (b.) your acts or omissions; or (c.) the acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured. However; (a.) the insurance afforded to such additional insured only applies to the extent permitted by law; and ESG 3 2 0 6 (Ed. 0 1 / 1 6) (Paae 5 of 10) Policy N umber: PL2644893-01 Effective Dates: 12/1/19 -12/1/20 l.,jreat American 1:.&::; insurance Gompany (b.) 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. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: (1) This insurance does not apply to "bodily injury" or "property damage" occurring after: (a.) 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 by or on behalf of the additional insured at the location of the covered operations has been completed; or (b.) 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 part of the same project. (2) The insurance provided to any additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: (a.) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or (b.) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege 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 or the failure to render any professional services by or for you. c. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION Ill -LIMITS OF INSURANCE: If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. 2. Vendors a. SECTION II -WHO IS AN INSURED, is amended to include as an additional insured: (1.) Any person or organization (referred to below as vendor), 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. However: ESG 3 2 0 6 <Ed. 01 / 1 6) (Paae 6 of 10) Policy Number: PL2644893-01 Effective Dates: 12/1/19 -12/1/20 ljreat Amencan t:.&:s insurance i..;ompany (a.) the insurance afforded to such vendor only applies to the extent permitted by law; and (b.) if coverage provided to the vendor is required by a contract or agreement, 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. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1.) The insurance afforded the vendor does not apply to: (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.) any express warranty unauthorized by you; (c.) any physical or chemical change in the product made intentionally by the vendor; (d.) repackaging, unless 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.) any 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 products; (f.) demonstration, installation, servicing or repair operations, except such operations performed by the vendor in full compliance with the manufacturer's written instructions at the vendor's premises in connection with the sale of the product; (g.) products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; (h.) "bodily injury" or "property damage" arising out of the sole negligence of the vendors for its own acts or omission of those of its employees or anyone else acting on its behalf. However, this exclusion 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. (2.) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. With respect to the insurance afforded to these vendors, the following is added to SECTION Ill -LIMITS OF INSURANCE: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the most amount of insurance: (1.) Required by the contract or agreement; or ESG 3 2 0 6 lEd. 0 1 / 1 6) lPaae 7 of 10) Policy Number: PL2644893-0 l Effective Dates: 12/1/19 -12/1/20 l,jreat American t:.&~ insurance 1._;ompany (2.) Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. 3. Primary and Non-Contributory 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 premises 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. L. Damage to Premises Rented to You If Damage to Premises 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, or "explosion," to premises while rented 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 Ill - LIMITS OF INSURANCE. 2. Paragraph 6. Under SECTION Ill -LIMITS OF INSURANCE is deleted in its entirety and replaced by the following: 6. Subject to paragraph 5. 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, or "explosion," while rented to you or temporarily ESG 3 2 0 6 (Ed. 0 1 / 1 6) (Paae 8 of 1 0) Policy Number: PL2644893-0l Effective Dates: 12/1/19 -12/1/20 l.::ireat American 1:.~::; insurance t,;ompany occupied by you with the permission of the owner, for all such damage caused by fire, lightning, or "explosion," proximately caused by the same event, whether such damage results from fire, lightning, or "explosion," or any combination of the three, is the higher of $500,000 or the amount shown in the Declarations for the Damage to Premises Rented to You Limit. 3. Under SECTION IV · COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 4. Other Insurance, paragraph b. Excess Insurance item (ii) of the Occurrence Form and item (iii) of the Claims-Made Form where the words, fire insurance, appear they are changed to, insurance for fire, lightning, or "explosion." 4. As regards coverage provided by this prov1s1on L. Damage to Premises Rented to You, SECTION V -DEFINITIONS, paragraph 9. Insured Contract, subparagraph a. is replaced with the following: 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, lightning, or "explosion," to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract." 5. As regards coverage provided by this provision L. Damage to Premises Rented to You, SECTION V -DEFINITIONS is amended by the addition of the following definition: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion" does not include any of the following: (a) artificially generated electrical current including electrical arcing, that disturbs electrical devices, appliances or wires; (b) rupture or bursting of water pipes; (c) explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you , or operated under your control; or (d) rupture or bursting caused by centrifugal force. M. Waiver of Subrogation Under SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 8. Transfer or Rights of Recovery Against Others to Us, the following paragraph is added: b. If required by a written "insured contract" executed prior to the occurrence or offense, we waive our right of recovery we have against any person or organization named in such "insured contract," because of payments we make for injury or damage arising out of your ongoing operations or "your work" for that person or organization. N. Property Damage -Elevators 1. Under paragraph 2. Exclusions of SECTION I -COVERAGE A • Bodily Injury and Property Damage Liability, subparagraphs (3), and (4) of exclusion j. Damage to Property do not apply if such "property damage" results from the use of elevators. ESG 3 2 0 6 (Ed. 01 / 1 6) <Paae 9 of 10) Policy Number: PL2644893-01 Effective Dates: 12/1/19 -12/1/20 (.:ireat American t:.~~ insurance L;ompany 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. 0. Contractual Liability for Railroad Exposures Under SECTION V -DEFINITIONS, paragraph 9. Insured Contract, subparagraph f.(1), is deleted in its entirety. P. Supplementary Payments 1. In the Supplementary Payments -Coverages A and B provision, paragraph 1.b. is replaced with: b. Up to $2,500 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. In the Supplementary Payments -Coverages A and B provision, paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $500 a day because of time off work. Q. Amended Bodily Injury Definition Under SECTION V -DEFINITIONS, definition 3. Bodily injury is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death of a person. "Bodily injury" also means mental anguish, mental injury, or shock, if directly resulting from physical injury, sickness, or disease to that person. ESG 3 2 0 6 <Ed. 0 1 / 1 6) (Paae 1 0 of 10)