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HomeMy WebLinkAboutGREYHOUND LINES, INC. (5)A-2022-001 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCEEXPIRES 09 ID I I Z ?_2 CLERK OF COUNCIL DATE: LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND GREYHOUND LINES, INC. FOR USE OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILITIES fl•• Yv�It} ((,�abr ieaalk,�czl.1� (47 T T This LICENSE AGREEMENT ("Agreement") by and between the City of Santa Ana, a municipal corporation of the State of California ("City") and Greyhound Lines, Inc., a California Corporation (Referred to as "Licensee") is dated as of February 1, 2022 ("Effective Date"). Licensee and City are sometimes cindividually referred to as "Party" and collectively as "Parties." N ® RECITALS A. Licensee is a provider of interstate bus transportation services throughout the state of California. 'Fa B. Licensee desires the use of and access to the Santa Ana Regional Transportation Center Facilities ("SARTC" or "Facilities"), located at 1000 East Santa Ana Boulevard in the City of Santa Ana, for a bus stop for the purpose of drop off and pick up of its Invitees (defined below) that utilize Licensee's bus services ("Transit Services"). City desires to allow Licensee the use of and access to the Facilities for a bus stop for the purpose of drop off and pick up of its Invitees and allowing its Invitees to utilize the Transit Services. AGREEMENTS NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. TERMS 1.1 Facilities Subject to License. City owns the real property commonly known as the Santa Ana Regional Transportation Center (SARTC). Subject to the terms and conditions of this Agreement, City hereby agrees to allow Licensee the non-exclusive use of and access to one (1) bus bay at the Facilities as a bus stop for the purpose of drop off and pick up of its Invitees (defined below). - THE BUS BAY SUBJECT TO THIS LICENSE IS BUS BAYS #5 and #6 ("License Area"). See Exhibit A for description of License Area. The parties understand that the City may unilaterally reassign the License for Bus Bays #5 and #6 to another bus bay in the future upon written notice by the City and that all terms and conditions of this license will likewise apply to any replacement bus bays. 1.2 Term Grant of License, Terms of License Term. City hereby grants to Licensee a non-exclusive license ("License"), during the term of this Agreement, for vehicular and pedestrian ingress to and egress from the Facilities and vehicular and pedestrian use of the Facilities for its regularly scheduled passenger service. Licensee shall offer patrons the ability to pay in cash or by credit card. THIS AGREEMENT IS INTENDED AND SHALL BE CONSTRUED ONLY AS A REVOCABLE LICENSE TO USE THE LICENSE AREA AND NOT AS A LEASE OR GRANT OF ANY POSSESSORY OR OTHER INTEREST. The Parties understand that the Licensee is not authorized to begin business operations until the conditions in Section 1.5 of this Agreement have been fully complied with by Licensee. 1.3 Term. The term of this License (the "Term") shall be for a period of one (1) year, which shall commence on February 1, 2022 (the "Effective Date") and end on January 31, 2023, with the option for the City to grant up to one (1) one (1) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 1.10 of this Agreement. 1.4 Restrictions on Use of Facilities. Licensee shall not use, and shall prohibit its Agents (defined as follows) or Invitees (defined as follows) from using the Facilities other than for the purposes specified herein. The term "Agents" shall mean Licensee's officers, directors, members, agents, employees, invitees, contractors, subcontractors, and any employees of such parties. The term "Invitees" shall mean Licensee's invitees, guests, customers or business visitors. The Invitees shall have access, during normal operating hours, to the Licensed Area by way of the common areas of SARTC. Notwithstanding the foregoing, the public and Licensee's Invitees shall not block any paths in ingress or egress or the permitted areas of any other licensee or tenant of SARTC. 1.5 City Approval of Licensee's Buses. Licensee shall provide the City with documentation listing for each and every bus providing services at the SARTC: (1) Registered owner; (2) VIN number; (3) License plate number; (4) USDOT number; (5) Proof of authorization from the Federal Motor Carrier Safety Administration ("FMCSA"); (6) Proof of insurance; and (7) An annual list of all licensed drivers who may operate the buses, provided that Licensee may utilize drivers not identified on the list in case of unavailability so long as all substitute drivers have all applicable licenses and qualifications and the names and qualifications of the substitute drivers are provided to the City within fourteen (14) days. In the event such information is the subject of a request under the California Public Records Act, City will refrain from disclosing personal contact or other information that may be private, but only to the extent permissible under the Act and its interpreting authorities. Additionally, Licensee shall ensure that use of the Bus Bays shall be by clearly marked buses identifying the Licensee company name and USDOT number. Licensee agrees that it will provide the City with a list of buses that will use Bus Bays #5 and #6 as a precondition for use of the Bus Bays. Any additional buses must be approved by the City prior to beginning service. The use of any non -approved bus at the SARTC by Licensee or Licensee's failure to have the required authorizations from USDOT and FMCA, or any other applicable government or regulatory body, shall constitute a breach of this Agreement and will result in immediate termination thereof. 1.6 Compensation. As consideration for its use of the License Area and related Facilities, Licensee agrees to pay a monthly fee of Three Thousand Dollars ($3,000.00) per month for the first six months from the Effective Date of this Agreement. Effective August 1, 2022, the monthly fee shall be increased to Five Thousand Four Hundred Ninety Eight Dollars ($5,498) for the remainder of the Term, including any extension periods exercised under Section 5. Such payment shall be made payable to the City of Santa Ana, in advance for each month, and at the following address: payable to "The City of Santa Ana" and remitted to: City of Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be applied to any payment hereunder due but unpaid after the 10"' of the month The consideration for this License shall be subject to a CPI adjustment annually for the most current period (for All Urban Consumers) annually on the anniversary of the Effective Date of this Agreement. 1.7 AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to male the License Area usable or safe. 1.8 No assignment of License. The permission, rights and privileges granted hereunder are nonexclusive and nontransferable. Licensee shall not, either voluntarily or by action of law, assign or transfer this License or any obligation, right, title or interest assumed by Licensee herein without the prior written consent of the City. If Licensee attempts an assignment or transfer of this License or any obligation, right, title or interest herein, City may at its option, terminate the License pursuant to Section 1.10 below and shall thereupon be relieved from any and all obligations to Licensee or its assignee or transferee. 1.9 Agreement to Protect and Maintain Facilities Licensee, on behalf of its Agents and Invitees, agrees to take all prudent action to protect the Facilities from any damage or injury caused by the exercise of this License. Licensee shall immediately notify City of any damage or injury to the Facilities caused by its use of the Facilities. No temporary or permanent signs or awning shall be erected or maintained upon or attached to the outside of the premises except such signs which have been approved in advance by City. 1.10 City's Right of Suspension Termination. City reserves the right to immediately suspend all activities or terminate this Agreement upon Licensee' non-compliance with any of the terms or conditions of this Agreement or the Lease Agreement attached hereto as Exhibit B, and incorporated herein by reference. Such suspension or termination shall be effective immediately. City may temporarily suspend access to and use of all or any portion of the License Area for operational, maintenance, repair, security, emergency or other purposes at City's discretion. City will provide Licensee with as much notice as is reasonably possible prior to any such suspension, which notice will include: (a) the date when such suspension of access and use will commence; (b) the anticipated duration of such suspension of access and use; (c) the reason for such suspension of access and use; and (d) that portion of the License Area subject to such suspension of access and use. During such periods of suspension, Licensee will be unable to access, use or operate on that portion of the License Area to which City has suspended access and use. If, during such periods, Licensee desires or needs to continue to operate its bus service, it shall be solely responsible for the provision of the same without the use of that portion of the License Area over which access and use have been suspended. City shall not be liable for any cost or damage incurred by Licensee as a result of any suspension of access or use pursuant to this Section 1.10, including, without limitation, any consequential damages resulting therefrom. City shall use reasonable commercial efforts to provide alternate space in the License Area during the period of suspended access and use. Licensee may at any time terminate the license created by this Agreement by prior written notice pursuant to Section 2.1 of this Agreement to the City. 1.11 Compliance with Laws: Regulatory Licensee shall, at its sole expense, conduct and cause to be conducted all activities on the Facilities in compliance with all laws, regulations, codes, ordinances and orders of any governmental or other regulatory entity, and whether or not in the contemplation of the parties. 1.12 Indemnification. Licensee shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee's use of the License Area, the entry by any Licensee Party on the License Area or any portion of the Property or surrounding property, or Licensee's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Licensee will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered Party, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered Party. Payment of any settlement or judgment by Covered Parties shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnity shall not be a condition precedent to the duty to defend. The provisions of this Section 1.12 shall survive the termination or expiration of this Agreement. 1.13 Commercial General Liability Insurance Licensee shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Licensee's use of the license area, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. 1.14 Certificates of Insurance: Additional Insured Endorsements. Prior to execution of this Agreement, Licensee shall furnish to City certificates of insurance and additional insured status on Licensee's commercial general liability insurance policy, evidencing the foregoing insurance coverages as required by this Agreement. These certificates shall: a. provide the name and policy number of each carrier and policy; b. shall state that the policy is currently in force; and c. shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without notice to City as soon as reasonably practicable or in accordance with policy provisions, whichever is earlier. Licensee shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate or serve to limit from the provisions for indemnification of City by Licensee under the Agreement. City or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Licensee shall provide within five (5) days of City's request. 4 2. MISCELLANEOUS TERMS 2.1 Notices. Demands and Communications between the Parties. 2.1.1 Formal notices, demands and communications between Licensee and City shall be deemed sufficiently given if: (i) dispatched by registered or certified mail via the United States Postal Service, postage prepaid, return receipt requested, as designated in this Section; or (ii) by messenger service for immediate personal delivery; or (iii) by electronic transmittal, including fax transmissions with telephonic verification receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as either Party may from time to time designate by written notice to the other Party. 2.1.2 All notices, demands and communications shall be sent, as follows: TO LICENSEE: Greyhound Lines, Inc. 350 N. Saint Paul Street Dallas, TX 75201 TO CITY: Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-22) Santa Ana, California 92701 Attention: Executive Director of Public Works AND City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M29) Santa Ana, California 92701 Fax: (714) 647-6515 2.1.3 Notices that are dispatched by registered or certified mail through the United States Postal Service shall be deemed to be received, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, five (5) calendar days after deposit with the United States Postal Service. Notices that are dispatched by messenger for immediate personal delivery services shall be deemed received upon the day dispatched. Notices dispatched by express delivery services shall be deemed received upon execution of the delivery receipt by the Party receiving such notices. Notices dispatched through electronic transmittals shall be deemed received upon telephonic verification of such receipt. 2.2 Amendment. With the exception of a reassignment of the License Area as described in section 1.1, this Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. 2.3 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations tinder this Agreement and the satisfaction of the conditions of this Agreement. 2.4 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 2.5 Time is of the Essence. For each provision of this Agreement which states a specific amount of time within which the requirements thereof are to be satisfied, time shall be deemed of the essence. 2.6 Governing Law. This Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Agreement shall be deemed to have been made in the County of Orange, California, regardless of the order of the signatures of the Parties affixed hereto. Any litigation or other legal proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for Orange County, California. The Parties consent to the personal jurisdiction and venue in federal or state court located within or for the County of Orange, California and hereby waive any defenses or objections thereto including defenses based on the doctrine of forum non conveniens. 2.7 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. 2.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days, except as otherwise specified in this Agreement. All references to City include all officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors of City, except as otherwise specified in this Agreement. All references to Licensee include its officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 2.9 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Either Parties' consent or approval of any act by the other Party requiring its consent or approval shall not be deemed to waive or render unnecessary its consent to or approval of any subsequent act of the other Party. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 2.10 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. All warranties and promises to indemnify shall survive the termination, abandonment, or completion of this Agreement. 2.11 Legal Counsel. Each Party acknowledges that: (i) it has read this Agreement; (ii) it has had the opportunity to have this Agreement explained to it by legal counsel of its choice; (iii) it is aware of the content and legal effect of this Agreement; and (iv) it is not relying on any representations made by the other Party or any of the employees, agents, representatives, or attorneys of the other Party, except as expressly set forth in this Agreement. 2.12 Severabilitv. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 2.13 Binding Effect. The terms of this Agreement shall inure to the benefit of, and shall be binding upon, each of the Parties and their respective successors and assigns. A-2022-001 2.14 Authorized Representatives. The person or persons executing this Agreement on behalf Licensee and City warrants and represents that he/she has the authority to execute this Agreement on behalf of that Party and that he/she has the authority to bind that Party to the performance of its obligations hereunder. 2.15 Entire Agreement. This Agreement constitutes the entire and integrated agreement of Licensee and City with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations, representations or agreements. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney m M Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine City Manager GREYHOUND LINES, INC. David S. Leach President, Chief Executive Officer EXHIBIT `B" Francine R. Digitally signed by Francine R. Villareal Date: 2022.02.02 Villareal 09:48:27-08'00' CERTIFICATE OF LIABILITY DATE( I INSURANCE 2IDDNY 1007aO21 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 endom ment(s). PRODUCER ADDNAME: inns i OH cesOff Northeast, Inc. Cincinnati Ci4Cl Monti OH Office 8044 Montgomery Road Suite 405 CONTACT INC. j o. Eery: (866) 283-7122 rc. xa.l: (800) 363-0105 E-MAIL ADDRESS: Cincinnati OH 45236-2919 USA INSURERISI AFFORDING COVERAGE NAICN INSURED Greyhound Lines, Inc. 350 N St Paul Street INSURERA: AGE Property & Casualty Insurance Co. 20699 INSURER B: National union Fire Ins Co of Pittsburgh 19445 Dallas TX 7S201 USA INSURER C: AIL Insurance Company 19399 INSURERD: NSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 570090547909 R EVISION 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 SUBJECTTO ALL THE TERMS, Limits shown are as requests IDOL SUER POLICY EXPI iR TYPE OF INSURANCE MMIOOryYYY1 INSO WVO POLICY NUMBER 1 IMMIDD/YYYY I UNITS a Y 65472U1 lO 21 2O 1 041u1120ZZ EACHOCCURRENCE $10,000,00 CI -AIMS -MADE [ OCCOR jCOMMEROALGENERALLOSILITY PREMISES IEa Monrenc, $5,000,UU MEO EXP IAny one pe,wnl PERSONAL a AOV INURY $101000100 GEN'L AGGREGATE LIMIT APPLIES PER X PRO_ POLICY ❑JECT ❑ LOC GENERALAGGREGATE $10,000,00 PRODUCTS - COMP/OP AGO $lU, UUU, UU OTHER: a AUTOMOBILE LIABILITY Y 7031017 10/21/202104/01/2022 COMBINED SINGLE UMn ADS IEaamdeml $10,000100 BODILY INJURY I Perpe,Sonl B X ANY AUTO 7031018 10/21/2023 04/01/2022 OWNED CREIXILED AUTCrA VA POORLY INJURY(Per a¢peN) B AUTOS ONLY NON 7031019 10/21/2021 04 O1 2022 PROPERTY LIREOAUIOS -OWNED oxLY AUTOS ONLY MA DAMAGE (Per a«amN A % UMBRELLALwB X XEUG72512832001 04/01/2021 04/01/2022 EACH OCCURRENCE $5, Door 000 Ho SIR applies per policy terns & condi ions AGGREWTE E5,000, 000 EXCESS LIAR CLAIMbMAOE OED I X IRETENTION L WORKERS O ERSCOIYERS'ABILTTYION AND WC65885824 10/21/202104/01/2022 X PER STATUTE lx ANY EXECUTIIVE OEFHMCCEWMEMBERN N/A WE5885825 10/21/2021 04/Ol/2022 EL EACHACCIDENT $3,000,000 lManEarre In N nl deacdhe JAO:L NY E L DISEgBE£A EMPLOYEE $3,000, 000 D S OEBLRIPTION OF OPERATIONS EeIow OF EA_ DISEASE -POLICY LIMIT $3,000,00U DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES IACORD 101, Ad Ulleal ReDI Schetlule. may Le allacMN N,mre sp... le'Reen, RE: RFP No. 15-089- BUS Passenger Services- Santa Ana Regional Transportation Center. City of Santa Ana, officers, agents, employees, and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non -Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. Should General Liability policy be cancelled before the expiration date thereof, the policy provisions of each policy will how govern notice of cancellation may be delivered to certificate holders in accordance with the policy. CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division 20 Civic Center PlaZa Santa Ana CA 92702 USA ©1988-2016 ACORD CORPOI ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE OESaRI8EO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE OE WEREO IN ACCORDANCE WRH THE POLICY PROVISIONS. ✓LOTS Vff.E1W�V/R ilk lllI,,,,,.,.,, .,,,,,.�..,.��.T, D N REVIEWE•& APPROVED BY- RiskManageOnentAnayst 00 POLICY NUMBER: 654-72-01 COMMERCIAL GENERAL LIABILITY CG20261219 THIS CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organizationis): Any person or organization whom you become obligated to include as an additional insured as a result of any contract or agreement you have entered into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury', "property damage" or 'personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by 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 is added to Section 91 - 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 26 12 19 0 Insurance Services Office. Inc.. 2018 Remwm 6 APPRROV®6`!: `�=� Msk Managernen[Mayst WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. This endorsement, effective 12:01 AM 10/21/2021 Issued to GREYHOUND L I NES , I NC By A I U INSURANCE COMPANY forms a part of Policy No. WC 065-88-5824 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. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE ENTERED INTO A CONTRACT, A CONDITION OF WHICH REQUIRES YOU TO OBTAIN THIS WAIVER FROM US. THIS ENDORSEMENT DOES NOT APPLY TO BENEFITS OR DAMAGES PAID OR CLAIMED: 1. PURSUANT TO THE WORKERS' COMPENSATION OR EMPLOYERS' LIABILITY LAWS OF KENTUCKY, NEW HAMPSHIRE, OR NEW JERSEY; OR, 2. BECAUSE OF INJURY OCCURRING BEFORE YOU ENTERED INTO SUCH A CONTRACT. This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah. WC 00 03 13 Countersigned by (Ed. 04/84) RiskMusgourdDivialm (R'EmEwm&APpR ay. �� Risk Management Anatyst ENDORSEMENT This endorsement, effective 12:01 A.M. 10/21/2021 forms a part of policy No. 654-72-01 issued to GREYHOUND LINES, INC by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV, Commercial General Liability Conditions, paragraph 4., Other Insurance, subparagraph a. Primary Insurance, is amended by the addition of the following: However, coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract, and any other insurance issued to such additional insured shall apply as excess and noncontributory insurance. 74434 (10/99) Authorized Repre Countersi nature Applicable , Risk Mwn ganadDMs[ i Re EWED&® pAPPRo/v�BY: g�, Risk Management Analyst