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HomeMy WebLinkAboutGREYHOUND LINES, INC. (2)INSURANCE ON FILE WORK MAY PROCEED A-2016-331 UN'CIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: 1--ir -. tP1 I LICENSE AGREEMENT BY AND BETWEEN TIE CITY OF SANTA ANA AND GREYHOUND LINES, INC. FOR USE OF THE SANTA ANA REGIONAL TRANPORTATION CENTER FACILITIES 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" or "Greyhound") is dated as of December 1, 2016 ("Effective Date"). Greyhound and City are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS A. Licensee is a provider of interstate bus transportation services throughout the state of California. 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 Greyhound'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 hivitees 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 aelmowledged, the Parties agree as follows: TERMS Ll Facilities Subject to License. City owns the real property commonly known as the Santa Ana Regional Transportation Center (SARTC) (also referred herein as the "Facilities"), Subject to the terms and conditions of this Agreement, City hereby agrees to allow Licensee the exclusive use of, and access to, two (2) bus bays at the Facilities as a bus stop for the purpose of drop off and pick up of its Invitees (defined below). THE BUS BAYS SUBJECT TO THIS LICENSE ARE BUS BAYS #5 AND #6 (The "License Area"). The parties understand that the City may unilaterally reassign the License for bus bays #5 and #6 in the fitture upon written notice by the City and that all terms and conditions of this license will likewise apply to any replacement bus bays. See Exhibit "A" for description of License Area. 1.2 Grant of License. Terms of License, City hereby grants to Licensee an exclusive license ("License"), during the tern 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. THIS AGREEMENT IS INTENDED AND SHALL BE CONSTRUED ONLY AS A REVOCABLE LICENSE TO U SE THE LICENSE AREA AND NOT AS A LEASE OR GRANT OF ANY POSSESSORY OIt OTHER INTEREST. 13 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. 1.4 CityA_pproval of Greyhound's Buses. Greyhound 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) a list of all licensed drivers who may operate the bus, Additionally, Licensee shall ensure that use of the Bus Bays shall be by clearly marked buses identifying the Greyhound company name and USDOT number, Licensee agrees that it will provide the City with a list of buses that will use Bus Bay #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 is a breach of this Agreement and will result m iimnediate termination thereof. 1.5 Compensation. As consideration for its use of the License Area and related Facilities, Licensee agrees to pay a monthly fee of $5,000.00 per month for the term of this Agreement. 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 10111 of the month. The consideration for this License shall be subject to a CPI adjustment for the most current period (for All Urban Consumers) annually on the anniversary of the Effective Date of this Agreement. 1.6 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 subj ect 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 make the License Area usable or safe. 1.7 Term and Termination of License. The term of this License shall continence on December 1, 2016, and shall continue ,indefinitely subject to termination without cause by either Party with seven (7) days' notice, unless earlier terminated as provided herein. 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 A reement. 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. 1.10 City's Right of Sus erasion, 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. Such suspension or termination shall be effective immediately. 1.11 Compliance with Laws: Regulatory A rovals. 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, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered. Payment 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 Insurances 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 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. 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 connnrmications shall be sent, as follows: TO LICENSEE: Greyhound Lines, hie. 350 N. Saint Paul Street Dallas, TX 7.5201 TO CITY: Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) 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 under this Agreement said the satisfaction of the conditions of this Agreement. original. 2.4 Counterparts, This Agreement may be signed in counterparts, each of which shall constitute an 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 Comity 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 convenfens. 2.7 Litigation Expenses. If either patty 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: Ca tions, 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 Severability. 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. 2.14 Authorized Representatives. The person or persons executing this Agreement on behalf Licensee and City w,,rants 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 offices the day, month and year fust written above. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney r By: Jose Oidoval Chief Assistant City Attorney RECOMMENDED APPROVAL: J FR D MOUSAVIPO R Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager GREYHOUND LINES, INC. By: Willla . dieSe er Title: CR--) Tax ID# � � �j A//� <. AC"RV CERTIFICATE OF LIABILITY INSURANCE `,,.,i' DATE (MMIDDIYYVV) 12/19/20'16 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 doesnot confer ri hts to the certificate holder in lieu of such endorsements . PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 250 Park Avenue 3rd Floor New York NY 10177 COME:NTACT NA TDI1 a D, Ste henson - _ -- __ _ a��NN Sell: 21 _ _-_ -(/6Q1. 212.994.7047 — EMAIL _�RFG�,Tan)a_StephensonGSjg.Com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A; New Harn shire Insurance Corn any _ 23641 INSURED _ INSURER B.Natlonal Union Fire Insurance ComEa _ __]19446 Greyhound Lines, Inc. 350 N. St. Paul Street Dallas, TX 75201 INSURER C:American Home Assurance Company _ INSURER D: ---- ------- - -- ----- $5,000,000 INSURER E. INSURER F: —_ $5,000,000_ COVERAGES CERTIFICATE NUMBER: 1303225471 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING, ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT "r0 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 51� R�-- LTR ---� TYPE OFINSURANCE "Of SUBR VO -- POLICY NUMBER POLICY EFF` MMIDDIYYYY POLICY EXP MMIDDIYVYY -�-- LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE LE OCCUR GL 3629887 112/31/2016 12131/2017 EACH OCCURRENCE $5,000,000 _— _TAMAGETO�TD_.._. PREMISES Ea owurtence —_ $5,000,000_ EXP (Anyone persen $ _MED _PERSONAL & ADV INJURY $5,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 GENT POLICY rtRL7 F LOC _ PRODUCTS-C:OMPIOPAGG — $5,000,000 $ - OTHER: B B B AUTOMOBILE: LIABILITY CA 1921794 (AOS) CA1921795(MA) CA19Z1796 (VA) 1213112016 1213'1!2016 1213112016 1213112017 12/3112017 12/3112017 COMEa HINEDOS - $6,090,000 _ ----- PODILY INJURY(Par person) _., $ BODILYINJURY tPernccchnhAUTOSONLY JXANYAUTIINUEETMIT­ NLD SCHEDULED _AUfOs FARED NOTNOD":�y AUTOS ONLY - All ON L (Par eccidenlL -_ $ _ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS_MAOE DED RETENTION $ _ _ $ A C A A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY VIN ANYPROPRIETOR/PARTNER/EXECUTIVE N OFFICERIMEMOER EXCLI/DE09 (Mandatory in NH) If yes, desadbe under DESCRIPTION OF OPERATIONS below NIA WC 014649656 AOS,OR,TX,GA) WC 014649553 CA) WC 01 4 64 95 5 5 WI, MA) WC 014649562 FL) WC 014649557 MN) 12/3112016 12/3'112016 12/3112016 12/3112016 12/3112016 _ 12131/2017 12!31/2017 12!3112017 12131/2017 12/3112017 X STATUTE OR�_— —'- . - E.L. EACH ACCIDENT ---- $5,000,000 — G.L. DISEASE EA EMPLOYEE --- - - - ---- $6,000,000 E.L. DISEASEPOLICYLIMIT —-- $6,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Workers Compensation: Policy #: WC 014649554 (AZ,IL,NC,NH,NJ, PA,1_l Policy Term: 12/31/16 to 12/31117 Carrier Name: NEW HAMPSHIRE INS CO (NAIC #:23841) Limps: E.L. Each Accident / E.L. Disease -Ea Employee / E.L. Disease -Policy Limit - $5,000,000 See Attached... �/`i�iLLJf •„/ ��° C/ "r �hda Cy/ �9r'"`G",. </4j'. CERTIFICATE HOLDER CANCELLATION Q 1968.2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o Public Works Agency/SARI'C ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Santa Aria Blvd,Sulte#108 Santa Aria CA 92701 AUTHORIZED REPRESENTATIVE HSA Q 1968.2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ADDITIONAL. REMARKS SCHEDULE Page 1 of 1 AGENCY ^�— Arthur J. Gallagher Risk Management Services, Inc. NAMEDINSURED Greyhound Lines, Inc. 350 N. St. Paul Street Dallas, TX 75201 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Re, Leased location - The Depot at Santa Ana; 1000 East Santa Ana Boulevard, Santa Ana CA. City of Santa Ana, Its agents, officers, employees and volunteers are Included as Additional Insured as respects General Llability(blanket endorsement-GL#83644) Policy as evidenced herein on a primary/non-contributory basis as required by written contract with respect to Lease Agreement for the above location mentioned, A waiver of subrogation included under the Workers' Compensation Policy(blanket end't) as required by written contract with respect to Lease Agreement. Notice of cancellation 30 days written notice/10 days for non -pay l Age rir ACORD 101 (2008/01) © 2008 ACORD CORPORA iON(,AII dill res rved. The ACORD name and logo are registered marks of ACORD ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDrYYYY) 1 `� 12/19/2018 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: It the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Tanya D. Stephenson Arthur J. Gallagher Risk Management Services, Inc. _ F PHOfA'C FAFxtk 250 Park Avenue 212-994-7085 u • 212-994.7047 E -MRL ADDRESS: Tan a Ste henson a' .com 3rd Floor New York NY 10177 _ INSURER(S)AFFORDING COVEITAOE _ NA1C# _ INSURER A: New Hampshire Insurance Company 23841 I i �.�EMIS1;5 (F.�.acsull@O�e.)_-_ INSURED INSURER a :-National Union Fire Insurance Com�aqyof Pittsburg 19445_ Greyhound tines. Inc. -.--- ----------------------___--- 350 N. St. Paul Street INsuRER C :American Home Assurance Compap 19380 - — -- Dallas, TX 75201 INSURER E_-- -- -- ------------ - - --- - i — $5.000,000 INSURER F COVERAGES CERTIFICATE NUMBER:1318672901 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A DL B ILTH POLICY EFF POLICY EXP TYPE OF INSURANCE LTR i POLICYNUMBFA MMDDIYYYY MMDDIYYYY ! . LIMITS B X COMMERCIAL GENERAL LIABILITY GL 3829887 12!31/2018 12/31/2019 EACH OCCURRENCE 5,000,000 CLAIMS -MADE (X OCCUR i l _L$ I-bA1afAGETb REtTtED _ $ 5,000,000 -1 _ L 1- � i I i �.�EMIS1;5 (F.�.acsull@O�e.)_-_ - X Contractual _._ __. _ . - -1 -----'- -. _ .. I MED EXP (Any one person)__ $ _ X Uab Ind. — PERSONAL 8 ADV INJURY $5.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I l i GENERAL AGGREGATE $10,000,000 �� 1 PRO- i I I POLICY ', X i JECT X LOC i t -- t PRODUCTS • COMPIOP AGG - ----- --- $_5,000,000 OTHER: I I $ B AUTOMOBILE LIABILITY CA 1921794 (AOS) 12/31/2018i 12/31/2019 COMBINED SINGLE LIMIT g S,000,ODO SEIlac4den) B B X :ANY AUTO i CA1921795(MA) CAI 921796 (VA) 12/31/2018 12/31/2019 12/31/2018 I 12/37/2019 BODILY INJURY (Par person) S - -- — • OWNED (-1 SCHEDULED I i BODILY INJURY (Por accidanII $ AUTOS ONLY I AUTOS HIRED NON -OWNED I j F+ROPERTY0AMA0E - $ AUTOS ONLY AUTOS ONLY i I (1PeraccldOnIL____--__- j UMBRELLA UA13OCCUR HCLAIMS-MADE EACH OCCURRENCE EXCESS LIAR - I I I AGGREGATE $ OED RETENTION $ $ A WORKERS COMPENSATION WC 014649556 (AOS)) 12/31/2018 12/31/2019 'X PER oTH T�TUTe=� A AND EMPLOYERS' LIABILITY YIN j WC 014649555 ^MA) 112/3112018 I 12/31/2019 — A ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ A OFFICERRAEMBEREXCLUDED7 NIA i WC 014649552 (FL) WC 014649557 12/3112018 12/31/2019 E.L. EACH ACCIDENT g 5,000,000 12/31/2018 ! -- C (Mandatory In NH) (MN) WC 014849553 (CA) 12/31/2019 12/3112018 12/3112019 E.L. DISEASE_ EA EMPLOYEE $ 5,000,000 ' ------ '_-- --- _" - -- urs, describe under DESCRIPTION OF OPERATIONS below I L E.L. DISEASE • POLICY LIMIT $ 5,000,000 REVIEWED BY: I I EUNICE HEREDIA (PG I OF I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more space Is required) Workers Compensation: Policy #: WC 014649554(AZ,IL,KY,NC,NH,NJ,PA,UT,VA,VT) Policy Term: 12/31/18 to 12/31/19 Carrier Name: NEW HAMPSHIRE INS CO (NAIC #:23841) Limits: E.L. Each Accident / E.L. Disease -Ea Employee / E.L. Disease -Policy Limit - $5,000,000 Re: Leased location • The Depot at Santa Ana; 1000 East Santa Ana Boulevard, Santa Ana CA, City of Santa Ana, Its agents, officers, employees and volunteers are Included as Additional Insured as respects General Liability(blanket See Attached... CFRTIFICATF HOLDER rAhICIPI I ATInFJ ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 2 of 3 7518 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/o Public Works Agency/SARTC 1000 Santa Ana Blvd,Suite#108 Santa Ana CA 92701 USA AUTHORIZED REPRESENTATIVE ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 2 of 3 7518 AGENCY CUSTOMER ID: LOC #: ,a oRo® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Arthur J. Gallagher Risk Management Services, Inc. NAMED INSURED Greyhound Lines, Inc. 350 N. St. Paul Street Dallas, TX 75201 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ITHIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE endorsement-GL#63640 Policy as evidenced herein on a primarylnon=contributory basis as required by written contract with respect to Lease Agreement for the �above location mentioned. A waiver of subrogation included under the Workers' Compensation Policy(bianket end't) as required by written contract with respect to Lease Agreement. olice of cancellation: 30 days written notice/10 days for non -pay A REVIEWED BY: EUNICE HEREDIA (PGJ.QF� NMaJnN out �.vvvry q V 1005 AGORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 3o13 7518 Francine R. Villareal Digitally signed by Francine R. Villareal Date: 2021.02.12 11:25:02-08'00' '`` o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) OZ10/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk services Northeast, Inc. C/o Aon client Services CONTACT NAME: PHONE (A/CC.No. Ext): (866) 283-7122 A/X No.): (800) 363-0105 E-MAIL 4 Overlook Point Lincolnshire IL 60069 USA ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: National Union Fire Ins Co of Pittsburgh 19445 Greyhound Lines, Inc. 350 N Saint Paul St Dallas TX 75201 USA INSURER B: New Hampshire Insurance Company 23841 INSURER C: American Home Assurance Co. 19380 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570086037629 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDNYYY POLICY EXP MM/ODNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL3629887 04/01/2020 04 01 2021 EACH OCCURRENCE $10,000,000 CLAIMS -MADE X❑OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $5,000,000 MED EXP (Any one person) Excluded PERSONAL &ADV INJURY $10,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $10,000,000 X POLICY ❑ PRO- ECT LOC ❑ PRODUCTS - COMPlOPAGG $10,000,000 OTHER: A AUTOMOBILE LIABILITY CA1921794 04/01/2020 04/01/2021 COMBINED SINGLE LIMIT Ea accident $10,000,000 ADS BODILY INJURY( Per person) A X ANYAUTO CA1921796 04/01/2020 04/01/2021 BODILY INJURY (Per accident) OWNED SCHEDULED VA A AUTOS ONLY AUTOS CA1921795 04/01/2020 04/01/2021 PROPERTY DAMAGE HIREDAUTOS NON -OWNED MA Per accident ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS -MADE DED RETENTION B WORKERS COMPENSATION AND WC014649556 04/01/2020 04/01/2021 X PER STATUTE I LOTH B EMPLOYERS' LIABILITY YIN WC014649552 04/01/2020 04/01/2021 E.L. EACH ACCIDENT $5,000,000 C ANY PROPRIETOR/ PARTNER EXECUTIVE N wc014649553 04/01/2020 04/01/2021 B OFFICER/MEMBEREXCLUDED' (Mandatory in NH) N/A Wc014649554 04/01/2020 04/01/2021 E.L.DISEASE-EAEMPLOYEE $5,000,000 B If yes, describe DES CRIPTION O DESCRIPTIONNOOFF OPERATIONS below wc014649555 04/01/2020 04/01/2021 E.L. DISEASE -POLICY LIMIT $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) contractual Liability coverage is included under the General Liability policy. RE: Leased Location: The Depot at Santa Ana; 1000 East Santa Ana Boulevard, Santa Ana, CA. City of Santa Ana, its agents, officers, employees and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of certificate Holder in accordance with the policy provisions of the Workers' Compensation policy. Should General Liability policy be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate holders in accordance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana AUTHORIZED REPRESENTATIVE Risk Management Division 20 Civic center Plaza, 4th Floor Santa Ana CA 92701 USA Ire,//g ©1988-2015 ACORD C ACORD 25 (2016/03) The ACORD name and logo are registered marks ofACORD `w - iF cF RiskManagmentDivision REVIEWED & APPROVED BY.- v ` --� R(504anagementAnalyst Page _ of AGENCY CUSTOMER ID: 100000000112 LOC #: ,4coRo® ADDITIONAL REMARKS SCHEDULE AGENCY Aon Risk services Northeast, Inc. NAMED INSURED Greyhound Lines, Inc. POLICY NUMBER See Certificate Number: 570086037629 CARRIER see Certificate Number: 570086037629 T773E EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations! Locations /Vehicles: with the policy provisions. ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATIO �" cF RA Mwag711 err DiMsiuR REVIEWED & APPROVE SY.- I .° h` --� Rusk Pjanagement Analyst POLICY NUMBER: GL 362-98-87 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 0 0 • 0 0 1 0 �i� :J A 0 KID] 9 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): 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. IInformation required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 0 Insurance Services Office, Inc., 2012 ew cF RAMwagementDMsian Jy/\'x REVIEWED & APPROVED BY: V"° --� Risk janagement Analyst 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 04/01/2020 forms a part of Policy No. WC 014-64-9556 Issued to GREYHOUND L I NES, INC By NEW HAMPSHIRE INSURANCE COMPANY 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) RAMwagmedDMsiun REVIEWED & APPROVED BY. - I .° --� Rusk Pjanagement Analpt