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HomeMy WebLinkAboutCAG2021-333 - Original - Apply-A-Line, LLC - Off Duty Officers Flaging & Traffic Control - 06/10/2021ApprovalOriginator:Department: Date Sent:Date Required: Mayor or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received: City Attorney: Comments: Date Routed: Mayor’s Office City Clerk’s OfficeAgreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Local Business? Yes No* Business License Verification: If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Yes In-Process Exempt (KCC 5.01.045) Notice required prior to disclosure? Yes No Contract Number: This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY Agreement Routing Form For Approvals, Signatures and Records Management (Optional) Basis for Selection of Contractor: * Memo to Mayor must be attached Termination Date: Authorized to Sign: KENT POLICE SERVICES AGREEMENT THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter "Kent"), and Applv-A-Line, LLC , organized under the laws of the State of wasnington, tocated and doing business at 175 Roy Rd SW Bldg C' Pacific WA (hereinafter the "Contractor"). I. TERM *AGREEMENT" FURTHER DEFINED - INCORPORATION OF ATTACHMENTS AND INSURANCE EXHIBIT. The term "Agreement" as used throughout this document shall mean this document, and any and all Scope of Services Attachments (hereinafter "Attachments") which describe the scope of services to be performed. The Attachments are hereby incorporated into this Agreement by this reference. It is recognized that the Contractor may request police services on several occasions, and therefore, while this main Agreement will only be signed one time, there may be multiple Attachments to this Agreement. This Agreement shall be lnforceable with regard to each instance of work performed pursuant to each Attachment. In the event of a conflict between the terms of this Agreement and any Attachment, the terms of this Agreement shall prevail. The Insurance exhibit as required by Section IX of this Agreement shall also be incorporated into this Agreement as if set forth herein in full. II. SCOPE OF SERVICES. Contractor desires to utilize the services of a commissioned Kent police officer who will be dedicated to performing the services described in the Attachment(s) to this Agreement. police officers shall only be permitted to provide police-related services during the performance of the work called for herein, and Contractor shall not ask or solicit such police officers to perform work that is not police-related. III. COST OF SERVICES AND PAYMENT A. Hourly Rate. Contractor shall pay to the Kent Police Department a sum for each hour of worked performed by a commissioned police officer. The Chief of Police or his or her designee shall have the authority to determine the hourly rate that will be specified in the Attachment. B. Four Hour Minimum Payment Requirement. There shall be a four (4) hour minimum payment required for each instance that a police officer performs services under this Agreement. Therefore, Contractor shall be required to pay to Kent the greater sum of four (4) h6urs of work or the actual number of hours worked during each instance that a police officer performs services. For example, if Contractor needs two (2) police officers to work on the same day and at the same time for two (2) hours of work each, Contractor will be required to pay Kent for four (4) hours for each police officer, for a total of eight (8) hours. If Contractor needs two (2) police officers for six (6) hours each, Contractor shall pay for six (6) hours for each police officer for a total of twelve (12) hours. C. Holiday Shifts and Shifts in Excess of Ten Hours. Shifts performed on holidays shall be subject to an increased hourly rate that will be specified in the Attachment. Shifts that POLICE SERVICES AGREEMENT - 1 (Form version: t/2o16) last in excess of ten (10) hours will be subject to a higher hourly rate for all work performed in excess of ten (10) hours. The hourly rate for work performed in excess of ten (10) hours may not be specified in the Attachment, but will be approximately at a rate of one and one-half (1.5) times the regular hourly rate charged on that day. The Contractor will be billed and shall pay the rate for work over ten (10) hours even if not specified in the Attachment. D. Method and Time of Payment. Kent shall, within a reasonable time, submit a bill to Contractor for amounts owing for services performed. Contractor shall, within fourteen (14) calendar days of receipt of such bill, pay the amount owing to Kent. All payments shall be made to the "City of Kent" and shall be delivered to: City of Kent Attn : Customer Services 220 Foufth Avenue South Kent, WA 98032 E. Late Payment Penalties. If Contractor fails or neglects to pay any invoice within thirty (30) calendar days from the date shown on the invoice as the "invoice date," a service charge of one percent (Lo/o) of the amount of the unpaid balance on the account or two dollars (92.00), whichever sum is greater, will be imposed one (1) month from the date payment was due, and at the end of each succeeding monthly period, until all past due amounts are paid in fu ll. Any invoice or service charge due under this Agreement and unpaid shall constitute a debt owed to Kent. Kent may, pursuant to Chapter 3.10 of the Kent City Code and Chapter 19'16 of the Revised Code of Washington, use a collection agency to collect outstanding debts, or it may seek collection by court proceedings, which remedies shall be in addition to all other remedies. At the discretion of the Chief of Police or his or her designee, services may not be provided to Contractors who have delinquent payments. IV. EMERGENCY INTERRUPTIONS IN SERVICE. Police officers performing services called for in this Agreement shall at all times be subject to the rules, regulations, and policies of Kent and its Police Depaftment, and shall be required to follow the orders of supervisors and command staff. Contractor understands that police officers performing services pursuant to this Agreement may, from time to time, be required to pefform traditional police duties for the benefit of the greater public. Therefore, from time to time, police officers performing services for Contractor may be required to respond to emergencies and abandon the services being called for under this Agreement. In the event of this occurrence, Contractor shall not be relieved of providing full payment; provided, that in the event the interruption lasts longer that one half of one hour (i.e., more than thirty (30) continuous minutes), Kent and Contractor will agree to an amount of a reduction in the costs of services to account for the police officer's time not pedorming services under this Agreement. V. INDEMNIFICATION. A. General. Contractor shall defend, indemnify, and hold Kent, 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 Kent's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of Kent or its officers or employees' POLICE SERVICES AGREEMENT - 2 (Form Version: L/20I6) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNIry UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. B. Indemnification and the Public Duty Doctrine. Contractor understands that, pursuant to the legal doctrine in Washington called the "public duty doctrine," Kent, its Police Department, and its officers and employees of the Kent Police Department, owe a general duty to the public and not a specific duty of protection or care to the Contractor. Contractor understands that by entering into this Agreement, the Police Department's and the police officer's duties remain to the public in general, and neither Kent, its Police Department, nor any of its officers or employees have a specific duty of protection or care to the Contractor, its employees, subcontractors, and agents, or any of its guests, or other people on the premises of the Contractor. Moreover, neither Kent, its Police Department, nor any officer or employee of Kent guarantees, in any way, the safety of any person or property as a result of the work performed under this Agreement. In the event of injury to any person or property, Contractor shall not assert that Kent, its Police Department, or its police officer owed any special duty to protect persons or property or provide care for such persons or property or had any special relationship with the owner or any other person to protect persons or property. This Agreement shall in no way create a duty for Kent, its Police Department, or any of its officers or employees where none previously existed. In the event Kent is sued, and a court determines that the public duty doctrine does not apply, or an exception to the public duty doctrine exists with relation to an injury to the person or property of any employee, subcontractor, guest, or other person on the premises of Contractor, Contractor shall specifically indemnify, hold harmless, and defend Kent, its Police Department, and each and every officer and employee thereof to the full extent permitted by law. C. Survival. The provisions of this Section V shall survive the expiration or termination of this Agreement and the obligations contained therein will continue to apply beyond the provision of services called for in any Attachment. VI. PARTIES ARE INDEPENDENT. The parties agree that neither shall be considered an employee or agent of the other. VII. TERMINATION, ALTERATION, OR RESCHEDULING. In the event Kent is unable to obtain the services of a Kent Police Officer to perform the services called for in the Agreement, Kent will contact Contractor, and advise Contractor that Kent is unable to perform the services called for herein. Notice by way of telephone, email, writing, or in-person shall be adequate notice of such cancellation of services, and Kent shall not be liable for the cost of Contractor obtaining replacement services. In the event Contractor must cancel, alter, or reschedule the services called for by this Agreement, Contractor must provide at least ten and one-half (10.5) hours advance notice to the Police Department by contacting its on-duty sergeant line at (253) 856-5840. A failure to cancel, alter, or reschedule at least ten and one-half (10.5) hours before the services are called for shall result in the Contractor paying the minimum four (4) hours of service provided for in Section III.B. above, regardless of whether such services are provided at a later or rescheduled date and time. VIII. CONTRACTOR SHALL ABIDE BY LAWS AND SHALL NOT DISCRIMINATE. At AII times during Kent's performance of this Agreement, Contractor shall abide by all laws and POLICE SERVICES AGREEMENT - 3 (Formversion: r/2016) regulations applicable to Contractor's business. Moreover, Contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person in violation of any laws of the State of Washington or the United States. IX. INSURANCE. Contractor shall at all times during Kent's performance of the services called for in this Agreement procure and maintain insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. X. CONTRACTOR'S BUSINESS PERFORMED AT ITS OWN RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, guests, and all persons on Contractor's property and invitees at all times when a police officer is performing services pursuant to this Agreement. XI. MISCELLANEOUS PROVISIONS. A. Non-Waiver of Breach. The failure of Kent to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements, or options, and the same shall be and remain in full force and effect. B. Resotution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference, or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Kent's right to indemnification under Section V.B. of this Agreement. C. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. D. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. E. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of Kent and Contractor. F. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits or Attachments attached hereto or referenced herein, shall supersede all prior POLICE SERVICES AGREEMENT - 4 (Form version: t/20r6) verbal statements of any officer or other representative of Kent, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits or Attachments to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. Further, the representative signing this Agreement on behalf of Contractor swears and affirms that he or she is authorized to enter into this Agreement on behalf of Contractor and that action is binding on the Contractor. G. Compliance with Laws. Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. H. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: By (signature) Ron ReillyPrint Name: Assistant Vice President (titte) DATE: 05/UL2ozt KENT: By:Eal (signature) Print Nam e: Rafael Padilla- Its Police Chief DATE:0b. l()- >t NOTICES TO BE SENT TO: CONTRACTOR: Attn Dave Bennett 175 Roy Rd SW BIdo C Pacific WA 98047 253.299-L200 253.299-t250 (telephone) (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: sqt.SGT Matt Stansfiel .l City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856- 5809 (telephone) (253) 856-6802 (facsimile) E\ClviI.El6OFn FiE l tll.-hl'.6r DuryOv.'6m?,tolic ltrdq kvtq at'Gddl f.r af Duly *brkd.q POLICE SERVICES AGREEMENT - 5 (Form Version: 1/2016) KENT SCOPE OF SERVICES ATTACHMENT To Police Services AgreementWasHrNctoN Thi by I II s Scope of Services Attachment shall be incorporated into the Police Apdy-A:!ns, LLC - (hereinafter "Contractor") Services reement signed on 05/2 202L DESCRIPTION OF SERVICES. Contractor requests the services of a commissioned police officer who will be dedicated to performing the following services (check box that applies): tr Flagging/Traffic Control tr Security for Entertainment Venue or Event n Security for Retail Establishment n Guarding of Property, Buildings, Possessions, or Equipment Other Police officers shall only be permitted to provide police-related services during the performance of the work called for herein, and Contractor shall not ask or solicit such police officers to perform work that is not police-related. HOURLY RATE & NUMBER OF OFFICERS REQUIRED. The work called for herein shall be paid by Contractor at the following hourly rates and the Contractor requests the following number of officers: n A Extra-Duty Work: Supervisor Up to $100 per hour.x Number of Supervisors Required:- * Note: Hourly rates are quoted "up to" a specified amount, Officers are paid different rates based on factors such as time in service, assignment, education, etc, The rate quoted is the maximum rate that will be billed subject to overtime holiday rates specified below' Contractor's rate may be lower. Four Hour Minimum. There shall be a four (4) hour minimum payment required for each instance that a police officer performs services under the Agreement. Therefore, Contractor shall be required to pay to Kent the greater sum of four (4) hours of work or the actual number of hours worked during each instance that a police officer performs services, For example, if Contractor needs two (2) officers to work on the same day and at the same time for two (2) hours of work each, Contractor will be required to pay Kent for four (4) hours for each police officer, for a total of eight (8) hours. If Contractor needs two (2) officers for six (6) hours each, Contractor shall pay for six (6) hours for each police officer for a total of twelve (12) hours. Extra-Duty Work: Officer Up to $80 per hour.x Number of Officers Required ' 2 SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT Page 1 of 2 (Form Version: I2/2OI7 Overtime Rate. Contractor shall be required to pay the rate of one and one half (1,5) times the rate specified above for any time worked by a police officer in excess of ten (10) hours in a shift, Therefore, if a police officer works ten (10) hours, he or she shall be paid at the rate specified above. If the officer works twelve (12) hours, he or she shall be paid at the rate specified above for the first ten (10) hours, and at a rate of one and one half (1.5) times the rate specified above for the remaining two (2) hours, Hotidav Rate. The following holidays are observed by Kent police officers: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving DaY, Day after Thanksgiving, and Christmas. Except as otherwise provided in this section, all hours worked during an observed holiday, or during 15;00 hours to 23:59 hours on Christmas Eve or New Year's Eve, will be billed at one and a half (1.5) times the rate specified above. All hours worked on Thanksgiving Day or Christmas Day will be billed at a rate of two (2.0) times the rate specified above. D Contractor's Termination Alteration or Reschedulina of Services. Cancellation, alteration, or rescheduling of police officer services by the Contractor for a specific date must be made at least ten and a one-half (10.5) hours prior to the scheduled staft time for that date. If Contractor fails to provide ten and one-half (10.5) hours advance notice from the scheduled stat time, Contractor will be billed for a minimum payment of four (4) hours per officer scheduled for that date in accordance with Section ILA. above. Cancellation, alteration, or rescheduling notification can be made by phone or email, In. LOCATION OF SERVICES. The services called for herein shall be performed at the following location: Please see attached list. A police officer will arrive at the above location on the date and time specified below' IV. DATE AND R SERVICES. Contractor a Kent police officer provide services from 8:00 , _L02.@L to rt,2o2_L By signing below, I understand that I am entering a contract to hire police officers to perform the work described above, I agree to the terms of this Scope of Services Attachment and all of the terms contained within the Police Services Agreement referenced herein, and finally if I am signing this Scope of Services Attachment on behalf of an organization, I swear and affirm that I am authorized to do behalf of the organization and that action is binding on the Contractor l os/27/202t Signature Date Ron Reilly, Assistant Vice President B c Print Name 175 Roy Rd SW Bldg C Address Pacific WA 98047 SCOPE OF SERVICES ATTACHMENT TO POLiCE SERVICES AGREEMENT Page 2 of 2 Approved by Kent ce Department (Form Version : t2l2ot7) Locations of Services: lntersection of 68th Ave S / S 2t2th St (N) lntersection of 58th Ave S / S 2t2th St (S) lntersection of 4th Ave N / W James St (S) lntersection of Central Ave N / E James St (N) lntersection of 116th Ave SE / SE Kent Kangley Rd (E) DATE (MM/DDTYYYY} 3t412021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFTCATE 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: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed' lf SUBROGATION lS 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). PRoDUGER LoCKI'ON CoMPANIES 3657 BRIARPARK DRIVE, SUITE 7OO HOUSTON TX77Q42 866-260-3538 PHONE lAlC. No. Exi): INSIIRFRTSI AFFORDING COVERAGE NAIC f tNsuRERA: Zurich Anerican Insurance Cotnpany 1 6535 INSURED Frontline Road Safety Holdings, LLC Aoolv-A-Line. LLC 175 Rov Road SW, Blds C Pacific WA 98047 r485069 rNsr.rRER B , American Guarantee and Liab. Ins. Co.).o.47 INSURER C INSIIPFR D : INCI IDFE F INSIIPFR F. A,CORE'"\--'CERTIFIGATE OF LIABILITY INSURANCE See @1988-2015 ACORD The ACORD name and logo are registered marks of ACORD ilt/2022 sTEDBELoWHAVEBEENlSsUEDToTHElNSUREDNAMEDABoVEFoRTHEPoLlcYPERloD 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. LIMITSPOLICY NUMBERTYPE OF INSURANCE =ACH OCCIJRRFNCF s 2.000.000 n 300.000 MFn FXP aAnv oha oerson)q 10.000 PERSONAL & ADV INJURY s 2.000.000 NFNFRAI AGGRFGATF s 4-000.000 PRODUCTS. COMP/OP AGG s 4.000.000 $ 1/1/2021 v1/2022YYcl-o 3002387 00ACOMMERCIAL GENERAL LIABILITY ::::Jtr58; nLo" ECLAIMS-MADE OCCUR s 1.000.000 $ XXXXXXXBoDILY INJURY (Per person) $ XXXXXXXBODILY INJURY (Per accidenl $ XXXXXXX $ XXXXXXX 11112021 1/t/2022YYBAP 3088737 00AAUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY :ACH OCCURRENCE $ 5.000.000XX \GGREGATE $ 5.000"000 UMBRELLA LIAB EXCESS LIAE $ 5_000-000 t/11202r 1/t/2022 Pro-Com Ops Agg Y Y AIJC 3 109785 00B DED RETENTION $ PER STATI ITF X IOJ# :,1. EACH ACCIDENT s 1.000.000 :.1. DISEASE - EA EI\4PLOYEE s 1.000.000. 1.000 000 t/1/202r |1t2022 : I DISFASF . POI ICY I IMIT N/A Y wc 3002388 00AWORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOFYPARTNEFYEXECUTIVE OFFICER'MEMBER EXCLUDED? (Mandatory ln NH) lf ves. doscdbs undgr DEscRtPTtoN oF oPERATtoNS betow N DESCRIPT|ON OF OpERATTONS / LOCATTONS / VEHICLES (ACORD lOl, Additional Remarks schedule, may be aftached if moro spacs is RE: PROJECT: AAL#145A6254 - 2021 PLASTIC MARKINGS PROJECT NO. 21-3011.2. required) AUTHORlzED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 17400549 CITY OF KENT 4OO W GOWE KENT WA 98032 ACORD 25 (2016/03)rights reserved All policies include a blanket notice of cancellation to certificate holders endorsementn providing for 30 days'. advance notice if the policy is cancelled by the company other than for no4payment-of premium,.l0 days'notice if the policy is cancelled for honpayment of premium. Notice is sent to certificate holders with mailing addresses on nte wittr ihe agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation. coNTtNUAT|ON DESCRtpflON OF OPERATTONS/LOCATTONS/VEHtCLES/EXCLUSTONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Uss only if more space is requlred) ACORD 25 (2016/03)Certificate Holder ID: 17400549 Attachment Code : D581632 Master ID: 1485069, Certificate ID:17400549 All policies (except Workers'Compensation/El) include a blanket automatic additional insured fprovision] that confers additional insured status to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an additional insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder is not an additional insured under the policy. All policies include a blanket automatic waiver of subrogation endorsement fprovision] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. In the absence of such a contractual obligation on the part of the named insured, the waiver of subrogation feature does not apply. Attachment Code : D585637 Master ID: 1485069, Certificate lD: 17400549 a oAdditional Insured - Automatic - Owners, Lessees Or Contractors ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named lnsured: Frontline Road Safety Holdings, LLC; Stripe-A-Zone,lnc.;Apply-A-Line, LLC; Griffin Pavement Services Address (including ZIP Gode): 9 Greenway Plaza, Suite 2400, Houston, TX 77046 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section ll - Who ls An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additionalexclusion applies: This insurance does not aPPIY to: "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: 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, architecturalorengineeringactivities. 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", oithe offense which caused the "personal and advertising injury", involved the rendering of or the faiiure to render any professional architectural, engineering or surveying services. u-GL-1175-F CW (04/13) Page 1 of 2 Policy No.Eff. Date of Pol.Exp. Date of Pol.Efi. Date of End Producer No.Add'1. Prem Return Prem. G1O3002387 00 11112021 1t1t2022 1t1t2021 lncludes copyrighted material of lnsurance services office, lnc., with its permission. Attachment Code : D585637 Master ID: 1485069, Certificate lD: 17400549 C. The following is added to Paragraph 2. Duties ln The Event Of Occurrence, Offense, Claim Or Suit of Section lV - Commercial General Liability Conditions: The additional insured must see to it that: i. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2, We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named lnsured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other lnsurance Condition of Section lV - Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named lnsured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other lnsurance Condition of Section lV - Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any 'poticy in wnich the additional insured is a Named lnsured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section lll- Limits Of lnsurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of lnsurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. All other terms and conditions of this policy remain unchanged u-GL-1175-F CW (04/13) Page 2 ot 2 lncludes copyrighted material of lnsurance services office, lnc., with its permission. Attachment Code : D585638 Master ID: 1485069, Certificate lD: 17400549 a ZURICH Limited Operations Coverage - Work Excluded Under A Consolidated (Wrap-Up) Insurance Program THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREF'ULLY. Named Insured: Frontline Road Safety Holdings, LLC; Stripe-A-Zone, lnc.; Apply-A-Line, LLC; Griffin Pavement Services Address (including ZIP Code): 9 Greenway Plaza, Suite 2400, Houston, TX 77046 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE Description and Location of Operation(s) (lf no entrv above. information ired to comolete this endo rsement will be shown in the Declarations Policy No.Exp. Date of Pol.Eff. Date of End.Agency No.Addl. Pretn.Retum Prem. GLO 3002387 00 t/r/2022 Ul12021 as appl icable to this endorsement.) A. The following exclusion is added to paragraph 2., Exclusions of Goverage A - Bodily lnjury and Property Damage Liability (Section l- Coverages): This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "products-completed operations hazard" at the location described in the SGHEDULE of this endorsement, as a consolidated (wrap-up) insurance program has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated (wrap-up) insurance program 1. Provides coverage identical to that provided by this Coverage Part; 2. Has limits adequate to cover all claims; or 3. Remains in effect. B. The exclusion in A. above shall not apply to your ongoing operations at the location shown in the SCHEDULE - for your service, maintenance, correction, repair or replacement of the original work performed and insured under the consolidated wrap-up insurance program' \J-GL-12s4-Acw (10/06) Page I of2 Attachment Code : D585638 Master ID: 1485069, Certificate lD: 17400549 However, this extension of coverage does not apply to damages because of "bodily injury" or "property damage" due to any service, maintenance, correctiOn, repair or replacement work: 1. as respects the "products-completed operations hazard"; or 2. for which coverage is afforded under the consolidated (wrap-up) insurance program. .G. For the application of the coverage provided by this endorsement in paragraph B. above, SECTION lV - COMMERCIAL GENERAL LIABILITY CONDITIONS paragraph 4 Other Insurance is replaced by the following: This insurance is excess over any other insurance, whether primary, excess, contingent or on any. other basis. lf any other insurance responds or can respond to this loss, we shall have the right but not the duty to defend any "srJit". 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: 1. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2. The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that may apply and that was not bought specifically to apply in excesl of the Limits of lnsurance shown in the Declarations of this Coverage Part. Countersigned Authorized Representative U-GL-1294-A CW (10/06) Page 2 of2 Attachment Code : D585639 Master ID: 1485069, Certificate ID: 17400549 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY wc 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS E N DORSEM ENT_CALI FORN IA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) at 12:01 A.M. standard time, forms a part ofThis endorsement, effective on Policy No, WC 3002388 00 of the issued to Premium (if any) $ 1111202'l Endorsement No. Zurlch American lnsurace Company Authorized Representative 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 % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AN D/OR ORGANIZATION. wc 252 (4-84) wc 04 03 06 (Ed.4-84)Page 1 of 1 Attachment Code : D585640 Master ID: 1485069, Certificate lD:17400549 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY wc4203048 (Ed.6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in ltem 3.A. of the lnformation Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right againJt the person or organization named in the Schedule, but this waiver applies only with respect to bodily injuryLrising out of the operationi described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( )Specific Waiver Name of person or organization ( X )Blanket Waiver Any person or organization for whom the Named lnsured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherurrise stated' (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11112021 Policy No. WC 3002388 00 Endorsement No. lnsured Frontline Road Safety Holdings, LLC; Stripe-A-Zone, lnc.; Apply-A-Line, LLC; Griffin Pavement Services lnsurance Company Countersigned by Premium wc4203048 (Ed. 06-14) @ Copyright 2014 National Council on Compensation lnsurance, lnc. All Rights Reserved. Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM Attachment Code : D585641 Master ID: 1485069, Certificate lD: 17400549 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY wc 00 0313 (Ed.04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our riglit against the person ilr 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule' Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. This endorsement changes the policy to which it is attached and is effective on the date issued unless othenivise stated' (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC 3002388 00 Endorsement No. lnsured Frontline Road Safety Holdings, LLC; Stripe-A-Zone,lnc.;Apply-A-Line, Premium $ LLC; Griffin Pavement Services lnsurance company Zurich American lnsurance company countersigned by wc124 (4-841 wc 00 0313 Page 1 of 1 Uniform FormsTMCopyright 1983 National Council on Compensation lnsurance, lnc. Attachment Code : D585642 Master ID: 1485069, Certificate ID:17400549 Coverage Extension Endorsement re ZURICH o Policy No.Eff. Date of Pol Exp. Date of Pol.Eff. Date of End.Producer No.Add'|. Prem Return Prem. BAP 3088737 00 1nt2a21 1t1t2022 1t1t2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Garrier Goverage Form A. Amended Who ls An lnsured 1. The following is added to the Who ls An lnsured Provision in Section ll - Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of lnsurance shown in the Declarations, whichever is less. 2. The following is added to the Other lnsurance Condition in the Business Auto Coverage Form and the Other lnsurance - Primary and Excess lnsurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment - Supplementary Payments Paragraphs a.(2) and a.(4) of the Goverage Extensions Provision in Section ll - Covered Autos Liability Goverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. u-cA424-F CW (04/14) Page 1 of6 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. Attachment Code : D585642Masteu ID: 1485069, Certificate lD:17400549 C. Fellow Employee Goverage The Fellow Employee Exclusion contained in Section ll- Covered Autos Liability Goverage does not apply. D. Driver Safety Program Liability and Physical Damage Goverage 1. The following is added to the Racing Exclusion in Section ll - Govered Autos Liability Goverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. Z. The following is added to Paragraph 2. in the Exclusions of Section lll - Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section lV - Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage ln the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: lf glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is lctually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage - lncreased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Lo6s Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: u-cA424-F CW (04/14) Page 2 of 6 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission' Attachment Code : D585642 Master ID: 1485069, Certificate lD: 17400549 (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000' l. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) ln or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Gontraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section lll - Physical Damage Goverage in the Business Auto Coverage Form and the Exclusion in Paragraph 8.2.c. of Section lV - Physical Damage Coverage in the Motor Carrier Coverage Form does not aPPlY. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Goverage Deductible Provision does not apply to such "loss". u-cA-424-F CW (04t14) Page 3 of 6 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. Attachment Code ; D585642 Master ID: 1485069, Certificate lD: 17400549 K. Airbag Goverage The Exclusion in Paragraph B.3.a. of Section lll - Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 8.4.a. of Section lV - Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag' L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: lf an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. lf the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. lf the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage - Gomprehensive Goverage - Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos - Physical Damage 1. The following is added to Section l- Covered Autos: Temporary Substitute Autos - Physical Damage lf Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos - Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. lf we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties ln The Event Of Accident, Glaim, Suit Or Loss paragraph a. of the Duties ln The Event Of Accident, Glaim, Suit Or Loss Condition is replaced by the following: a. ln the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any u-cA424-F CW (04/14) Page 4 of 6 lncludes copyrighted material of lnsurance services office, lnc., with its permission. Attachment Code : D585642 Master ID: 1485069, Certihcate lD: 17400549 agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. lnclude, as soon as practicable: (l) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. lf you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos - Physical Damage Paragraph b. of the Other lnsurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other lnsurance - Primary and Excess lnsurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or' - elected or appointed ofiicial with your permission while being operated within the course and scope of that "employee's" emptoyment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto - World Wide Coverage Paragraph 7a.(5) of the Policy Period, Goverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily lnjury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: ,'Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. u-cA424-F CW (04/14) Page 5 of 6 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. Attachment Code : D585642 Master ID: 1485069, Certificate lD: 17400549 U. Expected Or lntended lnjury The Expected Or lntended Injury Exclusion in Paragraph B. Exclusions under Section ll - Covered Auto Liability Coverage is replaced by the following: Expected Or lntended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage - Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section lll- Physical Damage Goverage is replaced by the following: 4. Coverage Extensions a. Transportation ExPenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Goverage of the Physical Damage Goverage Section: ln the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Goverage Extension Provision of the Physical Damage Coverage Section: lf a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you' We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage' All other terms, conditions, provisions and exclusions of this policy remain the same. u-cA-424-F CW (04t14) Page 6 of 6 lncludes copyrighted material of lnsurance services office, lnc., with its permission Attachment Code : D585643 Master ID: 1485069, Certificate lD:17400549 Waiver Of Subrogation (Blanket) Endorsement o ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREF'ULLY This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a losso to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12101) Page I of I Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer Add'I. Prem Retum Prem. cl,o 3002387 00 t/t/2021 t/U2022 U1/2021 Lockton Companies $$ Attachment Code : D585644 Master ID: 1485069, Certificate lD: 17400549 a Notification to Others of Cancellation ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Gommercial Automobile Coverage Part A. lf we cancel this Coverage Part by written notice to the first Named lnsured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named lnsured, or the longer number of days notice if indicated in the schedule below. B. lf we cancel this Coverage Part by written notice to the first Named lnsured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. lf notice as described in paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. All other terms and conditions of this policy remain unchanged u-cA-812-A CW (05/10) Page 1 of 1 r) Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer No Add'|. Prem Return Prem. BAP 3088737 00 0110112021 0110112022 0110112021 SCHEDULE Name and Address of Other Person(s) / o an Number of Days Notice: To Be Determined, as required by written contract.30 lncludes copyrighted material of lnsurance services office, lnc., with its permission. Attachment Code : D585645 Master ID: 1485069, Certificate ID: 17400549 @ Notification to Others of Cancellation ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Goverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Goverage Part A. lf we cancel this Coverage Part(s) by written notice to the first Named lnsured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named lnsured, or the longer number of days notice if indicated in the Schedule below. B. lf we cancel this Coverage Part(s) by written notice to the first Named lnsured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. lf notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. All other terms and conditions this policy remain unchanged u-GL-1446-A CW (05i10) Page 1 of 1 6 Policy No.Eff. Date of Pol Exp. Date of Pol.Eff. Date of End.Producer No.Add'1. Prem Return Prem. GLO 3002387 0t 01t0112021 0110112022 01t0112021 SCHEDULE Number of Days Notice:Name and Address of Other Person(s) / Orqanization(s): 30 daysTo Be Determined, as required by written contract. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.