The URL can be used to link to this page

Utilities Mowing Services 2024-2026 AGREEMENT BETWEEN THE CITY OF SALINA,KANSAS and FOX LAWN AND LANDSCAPING,LLC for UTILITIES MOWING SERVICES This Agreement is entered into April 9 ,2024 by and between the City of Salina,Kansas,(the"City")and Fox Lawn And Landscaping,LLC,a Kansas Limited Liability Company(the"Contractor"). Recitals A. The City desires to contract for mowing services for the purpose of maintaining grass and vegetation on City properties in compliance with federal,state,and local regulations. B. The Contractor has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties,in consideration of the mutual promises set forth in this Agreement,agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: "Agreement"means this Agreement for City Mowing Services,as amended and supplemented from time to time. "City"means the City of Salina,Kansas. "Contractor"means Fox Lawn And Landscaping,LLC and its successors. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement(Mark with"X"if applicable): Exhibit A:Responsibilities of the Parties VI Exhibit B:Term;Schedule Exhibit C:Basis of Payment Exhibit D:Insurance Requirements 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 4. Term; Schedule. The Contractor agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B, subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Payment. The City shall pay the Contractor for the performance of its responsibilities pursuant to this Agreement as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage.The Contractor agrees to obtain insurance coverage as specified in Exhibit D, attached hereto, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Contractor subcontracts any of its obligations under this Agreement,the Contractor shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Contractor of liability. Contractor Services(2014-06-18) C-1 6.2. Rating.All insurance policies shall be issued by insurance companies rated no less than A-VII in the most recent "Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in Exhibit D, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. The parties acknowledge that the Contractor has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Contractor pursuant to this Agreement,including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury to person(s) or damage to property. 8. Indemnification. To the fullest extent permitted by law,the Contractor shall defend, indemnify and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and expenses(including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death,or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims, damages, losses,and expenses relate to, arise out of, or are alleged to have resulted from the wrongful acts, negligent acts, errors, omissions,or defective work or services of the Contractor, its employees,agents, or any tier of subcontractors in the performance of this Agreement. 9. Voluntary Termination. The City may terminate this Agreement, with or without cause, at any time upon sixty (60) days advance written notice to the Contractor. The Contractor may, with or without cause, terminate this Agreement effective January 1st of the immediately succeeding calendar year, upon advance written notice to the City on or before October 31st. In the event of such termination by either party,the Contractor shall be compensated for such services as have been satisfactorily performed through the date of termination, but no compensation shall be earned after the effective date of the termination. Within five (5) days of any such termination, all fmished or unfinished documents, data, studies, surveys, drawings, maps,models, photographs, reports or other material prepared by the Contractor pursuant to this Agreement shall be delivered to the City. Notwithstanding the above, the Contractor shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Contractor,and the City may withhold any payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor may be determined. 10. Default. If either party fails to comply with any term of this Agreement within ten(10) days after written notice to comply has been mailed by the non-defaulting party to the defaulting party, such failure shall be deemed an immediate breach of this Agreement("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default,the non-defaulting party shall have the following rights and remedies,in addition to any other rights and remedies provided under this Agreement or by law: 11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 11.2 Other Remedies.The non-defaulting party may pursue any available remedy at law or in equity(including specific performance)by suit,action,mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement,to enforce or preserve any other rights or interests of the non-defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party resulting from such Event of Default. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party,either in whole or in part. Contractor Services(2014-06-18) C-2 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt,but if the receipt is not returned within five(5)days, then three(3) days after mailed, if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as appears below for each party,provided that if any party gives notice of a change of name or address,notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City of Salina Attn:Monty Hole P.O.Box 736 Salina,KS 67402-0736 CONTRACTOR: Fox Lawn And Landscaping,LLC 1001 Franklin St. Salina,KS 67401 14. Retention and Inspection of Records. The Contractor shall maintain complete, accurate, and clearly identifiable records with respect to all costs and expenses incurred under this Agreement. The records shall be maintained during the term of this Agreement, and for a period of three (3) years from the date of final payment under this Agreement (the "Retention Period"); provided, however, that if any litigation, claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or audit findings have been completely terminated or resolved,without right of further appeal. During the Retention Period,the Contractor shall allow a representative of the City during normal business hours to examine,audit,and make transcripts or copies of such records and any other documents created pursuant to, or arising under, this Agreement. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred under this Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes, subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City, it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement,the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Contractor in performing services under this Agreement,does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its responsibilities as outlined in Exhibit A. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent, efficient, and satisfactory manner. Contractor shall be exclusively responsible for all taxes, withholding payments, employment-based benefits, deferred compensation plans,including but not limited to its workers compensation and social security obligations,and the filing of all necessary documents,forms,or returns pertinent to the foregoing. 17. Subcontracting. Contractor shall not subcontract any work or services under this Agreement without the City's prior written consent. 18. Compliance with Applicable Law. Contractor shall comply with all applicable federal, state,and local law in the performance of this Agreement. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its subcontractors,if any,agree that: Contractor Services(2014-06-18) C-3 (1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Agreement because of race,sex,religion,age,color,national origin,ancestry or disability; (2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer,"or a similar phrase to be approved by the City's human relations director; (3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A.44-1031 and amendments thereto,the Contractor shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended,in whole or in part,by the City; (4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final,the Contractor shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended,in whole or in part,by the City; (5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Agreement because of race,sex,religion,age,color,national origin,ancestry or disability;and (6) The Contractor shall include similar provisions in any subcontract under this Agreement. (b) The provisions of this section shall not apply to this Agreement if the Contractor: (1) Employs fewer than four employees during the term of this Agreement;or (2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall mean the participation or approval of the City Manager or his designee,unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder,including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party,in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Contractor's choice. 23. Applicable Law;Venue. This Agreement and its validity,construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement,the sole and exclusive venue shall be in the Saline County,Kansas District Court. 24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any ply 25. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m. of the next full business day. 26. Severability. The unenforceability,invalidity,or illegality of any provision of this Agreement shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. Contractor Services(2014-06-18) C-4 28. Persons Bound. This Agreement shall extend to and bind the heirs,executors,administrators,trustees,successors and authorized assigns of the parties hereto. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement. 30. Amendments.Neither this Agreement nor any of its terms may be changed or modified,waived,or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver,or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement,or to exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation of this Agreement shall be allowed to fmd the City has agreed to binding arbitration. 33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement,and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached,and initialed by all parties,shall supersede all conflicting printed provisions. 35. Feminine-Masculine,Singular-Plural. Wherever used,singular shall include the plural,plural the singular,and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements,warranties, agreements or understandings,oral or written,made before or at the signing thereof,shall be binding unless in writing and signed by all parties and attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF SALIN• KA► FOX LAWN AND LANDSCAPING,LLC / By: By: Affill i• ' :chrage,City Manager / Jfil (name) •5wuE (title) Attest: ' ' • 0 • Nikki Goding,City Clerk Form: A4 l `7 Leal i ounsel / Contractor Services(2014-06-18) C-5 EXHIBIT A RESPONSIBILITIES OF THE PARTIES Citv's Responsibilities. The City shall provide the Contractor access to all areas being mowed and trimmed and maintained. The City Manager's designee shall communicate and coordinate with the Contractor regarding the frequency and type of services required for the locations covered by this Agreement, in light of the potential for varying weather conditions that may influence that frequency and type of services required by the City throughout the year. Contractor's Responsibilities. The Contractor agrees to provide all labor and equipment to maintain(mow/trim)all vegetation(grass/weeds)at each of the locations specified in the Schedule of Locations in the Proposal Form in accordance with the specified service level. At every location,and regardless of the specified service level,the Contractor shall: 1. Mow and weed-eat, as appropriate, to maintain smooth and neatly trimmed grounds. This would include the bottom of the ditches and other similar locations. 2. Remove trash,paper,and other debris. 3. Maintain sidewalks,entryways,and streets clear of grass clippings. 4. Trim around trees,sign posts,guard rails,curbs,sidewalks,entry ways,fences,or any other structures; provided, however, that for properties located within the right-of-way, the Contractor shall not maintain the area within one(1)foot of any temporary or permanent building,structure,improvement, utility facility,vegetation(excluding weeds), landscaping material,or other obstacles. 5. Ensure a clean and smooth surface before leaving. 6. Eradicate any mounds or windrows from the result of wet conditions or excessive growth. 7. Restore any damage to property including rutting, scalping, or cleaning of tracked mud. Properties that no longer require mowing may be removed from the Schedule of Locations during the term of this Agreement, upon notification to the Contractor by the City Manager's designee. In addition, properties that become available for mowing may be added to Schedule of Locations during the term,by a written change order executed by the Contractor and the City Manager's designee. Service Level Tier: The required service level for mowing and trimming at each location is defined below and locations are indicated in the attached Appendix A. Service Levels are defined as follows: Service Level Tier 1: This service level will apply to areas with frequent visitation. The Contractor shall maintain(mow/trim) vegetation(grass/weeds)between 2 -4 inches in height,and remove all debris at every mowing. • These areas are normally mowed/trimmed once a week during the growing season of March 31' through November 211d(approximately 30 visits per growing season). Service Level Tier 2: This service level will apply to areas with moderate to low levels of visitation. The Contractor shall maintain (mow/trim) vegetation (grass/weeds) between 3 - 6 inches in height, and remove all debris at every mowing. • These areas are normally mowed/trimmed once every two weeks during the growing season of March 31'through November 2nd(approximately 15 visits per growing season). Exhibit A-1 PROPOSAL FORM TO THE BOARD OF COMMISSIONERS CITY OF SALINA, KANSAS Project: UTILITIES MOWING AND TRIMMING SERVICES 1. Proposal to Enter into an Agreement. The undersigned Proposer hereby submits the following Proposal for the services described in the Request for Proposals and Agreement. Proposer proposes and agrees, if this Proposal is accepted,to enter into an Agreement with the City to furnish such services for the cost per location and within the time indicated in this Proposal. 2. Proposer Acknowledgments. Proposer accepts all of the terms and conditions of the Request for Proposals, Proposal Form, and Agreement. This Proposal will remain subject to acceptance for thirty(30) days after the Proposal opening, or for such longer period of time that Proposer may agree to in writing upon request by the City. 3. Proposer's Representations. In submitting this Proposal,Proposer represents that: a. Proposer has carefully reviewed the Request for Proposals, Proposal Form, and Agreement, and the following addenda, receipt of which is hereby acknowledged: 1. !✓"' 2. 7. 3. b. Proposer has given the Project Manager written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer has discovered, and the Project Manager's written explanation is acceptable to Proposer. 4. Equipment and Personnel. Proposer represents and warrants that, if this Proposal is accepted by the City, Proposer will have adequate equipment and personnel on hand to meet the service requirements of the City at all times during the term of the proposed Agreement. 5. Bid Price. Proposer will complete the work in accordance with the Agreement for the following cost per location: PF- 1 i Group 1 Sevice Level Tier 1 Schedule of Locations 2024-2026 Utilities Mowing Services Picture Sq. Times Total Cost ID Location Description Ft. Mowed Cost Per Location (All cuts) Cedar Ridge and Columbine Cir Mow 10'from pit on west and east,mow to oz.., Cedar Ridge PRV back of curb and edge of sidewalk 200 30 $25. $ 7 50 2404 Belmont To the ditch on the South,to the west tree 7 line,to curb on the east and to curb on the 11,760 30 $25 $ 750 Key Acres Tower north 505 North 5th St. 60 Inside fence and outside fence to roadways 19,600 30 $52 $(-)y o Wyatt Tower 322 E.Bond St. 50 Entire lot 7,072 30 $ 25 $ 750 Well#5 _ 224 S.Kansas Ave. 51 Entire lot 11,500 30 $35 $ /e 50 Well#7 52 625 Oakdale Dr. West 50'from alleyand south 50'from fence 2,500 30 750 Well#10 on north $25 $ 620 E.Ash St. ----_.._.-- 53 50'north from alley and 50'east of alley 2,500 30 $ 25 $ -750 Well#11 612A E.Iron Ave. 54 50'north form alley and 50'east from garage 2,500 30 $2.5 $ -750 Well#12 55 125 S.Penn Ave. 50'north from fence on south and 50'west 2,500 30 $25 $ I 50 Well#14 from alley 810 Riverside Blvd. South of Riverside from 50'at Penn to 95'at 56 14,250 30 Q 1 U Well#16 alley ' $� $ y 689 S.Third St. 57 From Crawford 65'north from 3rd to alley 9,100 30 $3 d $ leo Well#18 401 S.5th St. Parking area between curb and fence and 0 Q CSO 5 inside fence 163,550 30 $3 6S $ Downtown WTP 401 S.5th St. 42 Parking area between curb and fence 750 30 $ 25 $ 475° WTP Side Yard 61 401 S.5th St. _ — From fence on south between curb and tree 3 12,600 30 $ 7 $ (� 0 WTP East Side line 319 E.Elm St Between fence and 3rd street on the east and 62 within 10'of the fence on west and north 2,160 30 $25 $75'0 Water Distribution sides of the property 2655 Centennial Rd. From Centennial to fence from 48'north of 43 44,900 30 $M.) $V9tip Pump Station#A station south to end of lot I 1532 E.Magnolia Rd. 10'east of station,10'west of wet well,10' 44 south of station and wet well,and north to 18,700 j 30 15 5 b $ /6t4' Pump Station#B Magnolia Rd-Entire lot 1 Modified 3.24.24 PF-2 Group 1 (Continued) Sevice Level Tier 1 Schedule of Locations 2024-2026 Utilities Mowing Services Picture Sq. Times Total Cost ID Location Description Cost Per Location Ft. Mowed (All Cuts) 630 S.Ohio St. 10'north and south of station between curb 8 and sidewalk 690 30 $ /5j $75` Pump Station#3 1405 Talley Dr. 9 Between fences and ditch to the street 1,845 30 $ 2.5 $15° Pump Station#11 861 Sherman St. Entire corner lot from the North fence line to 10 10,800 30 $ 25 $'150 Pump Station#12 Wilson street 1025 W.Crawford St. !Entire corner of lot(north and west of 11 'station) 3,525 30 $ 2.5 $750 Pump Station#13 1410 E.Crawford St. 30'radius around station and 20'on both 13 17,775 30 $53 $1590 Pump Station#19 sides of drive 1357 Osage Ave. 14 5'around station and 5'wide strip to Osage 1,000 30 $25 $ 15r0 Pump Station#24 I 2019 TUlane Ave. From fence to Tulane 20'north and south of 15 station 1,660 30 $ 5 $ 7�jc' Pump Station#25 1723 Dewey St. 22 5'around station between curb and sidewalk 460 30 $2.5 $ 75" Pump Station#37 936 S.Marymount Rd. 23 .10'around station 1,000 30 $2.5 $15 Pump Station#38 Holly Ln.&1730 E.Crawford From Holly Lane to toe of fill,west to station 3 and from Crawford south to toe fill on side of 7,950 30 $25 i$-15') Hospice Station#39 station 503 E.Magnolia Road 31 1100'from sidewalk 60'wide 6,000 30 $2..5 $/54? Pump Station#49 • 1650 Wall St. - ------------ -------- 32 f5'around station and access 1,100 30 $ 2.5 $'0°Pump Station#50 1506 Marymount Rd. 33 !Entire lot to top of ditch on west side 9,100 30 $ 25 $15° Pump Station#51 400 S.Marymount Rd. 1o' around station between curb and 35 240 30 $25 I$ -So Pump Station#18 sidewalk 603 Prairie Ln. 36 15'around station to end of curb 640 30 $25 $I r C Pump Station#56 I 2235 E.Magnolia 37 10'around station 35'from edge of drive 1,400 30 $25 $ 16 Pump Station#57 3000 S.Ninth St. 38 'To bottom of slope around station 5,100 30 $2-5 I$ 15v Pump Station#58 Ci., SUBTOTAL FOR GROUP 1= $lit 9(DE)^i Modified 3.24.24 PF-3 Group 2 Sevice Level Tier 2 Schedule of Locations 2024-2026 Utilities Mowing Services Picture Sq. Times Total Cost ID Location Description Ft. Mowed Cost Per Location (All Cuts) '2575 W.Water Well Rd. 1 55'from edge of Water Well Rd 2,950 15 $2_5 $ 37 5 Burma Booster 4601 W.Water Well Rd. 2 Inside fence and outside access areas 13,365 15 $Li 5 $ 675 Burma Tank 257 Gold Road 6 Area around trees and tower 14,240 15 $95 $ 67 5 Gold Tower 3340 Centennial Rd. 40 Area between top of ditch and tree line 16,500 15 $SU $ 150 Schilling Tower 540 E.Schilling 39 10'around station and drive 2,400 15 $25 $ 375 l Schilling Booster Station 1650 W.Cloud St. 10'around station and drive and between 58 drive and Cloud 17,200 15 $55 $ ,g 2.5 Cloud Booster Station 45 2545 E.North St. 10'around Station and wet well south to 17,400 $SS 15 1. Pump Station#C North St $ 4 5 12 2010 N.Ohio St. 25'Radius around station,along drive,and 8,200 15 $ZS $ 375 Pump Station#17 along Ohio St. ff t— 1604 N.Ninth St. 16 5'around station from fence on south to 625 15 Pump Station#18 pavement $25 $315 2129 N.Ninth St. 120'around station and 20'wide strip west to 17 9th St. 3,600 15 $2-5 $ 5-75 Pump Station#30 1900 Scanlan Ave. 1 18 20'around station and to crop line east 4,700 15 $25 $ 31 5 Pump Station#32 — —_ 2500 Scanlan Ave. 20'around both buildings and north to top of 19 4100 15 25 $315 Pump Station#34 'ditch ' $ 601 Water Well Rd. i 20 j15'around station and both sides of drive 18,000 15 $55 $ D a 25 Pump Station#35 i 350 E.Ave A 21 5'around station 750 15 $25 $`375 Pump Station#36 l 1116 Hixon Dr. 24 5'around station 540 15 $25 $375 Pump Station#40 25 420 E.Berg St. Area between curb and parking between 1,620 15 $2..5 $-37 5 Pump Station#41 I poles 2000 W.Crawford St. 27 110'around station and both sides of drive 2,940 I 15 $25 $3/5 Pump Station#44 Modified 3.24.24 PF-4 Group 2 (Continued) Sevice Level Tier 2 Schedule of Locations 2024-2026 Utilities Mowing Services Picture Sq. Times Total Cost ID Location Description Cost Per Location Ft. Mowed (All Cuts) 1330 Armory Rd. 28 19'radius around station and access 1,200 15 $2. $3-75 Pump Station#45 j 2830 Evergreen Dr. 5'North of station South to the fence.5' 29 4,400 15 $15 $/15 Pump Station#47 West of station to edge of drive. 3315 Airport Rd. 30 30'SW of fence and 15'around station 6,300 15 $'5 $3 7 Pump Station#48 1001 W.Schilling Rd. 34 10'around station and along drive 2,900 15 $j $375 Pump Station#52 Scanlan&Bailey 26 From Arnold Rd 10'around station 4,125 15 $v5 $ 315 Pump Station#60 1642 E.Water Well Road 58'from Water Well Rd 20'west to 16'east 46 of well 4,060 15 $25 $ 315 Well#102 2167 E.Water Well Road 68'from Water Well Rd from powerline to 47 10'east of well 5,440 15 $Z5 $ 3/s Well#103 2752 E.Water Well Road 50'form Water Well Rd 35'NE and SW of $2h $ 48 (well 3,500 15 .31 5 Well#104 ---------- 3567 S.Ohio St. 49 Inside of fence to 5'outside of fence 3,600 15 $2.5 $ 115 Well#105 1150 E.Water Well Road 41 Inside fence to 5'outside fence 466,500 15 $SOO $120( South WTP 596 N Marymount Rd Along drive from Marymountto WWTP 59 between RR R/W and fence and WTP site. 1846,050 15 $1y� $7_1 C°4:'W WW Treatment Plant — — SUBTOTAL FOR GROUP 2= $q 5 075,i 7 5,�� TOTAL FOR GROUP 1 +GROUP 2= $ ?k$1O35,- Modified 3.24.24 PF-5 6. Definitions. Terms used in this Proposal shall have the meanings assigned to them in the RFP Documents. 7. Business Designation. Proposer represents that its business designation is as follows (check one): Individual/Sole Proprietorship U Partnership n Kansas Corporation Kansas Limited Liability Company LJ Corporation* / Limited Liability Company* vel/ Other: C *Please indicate the state in which entity is organized NAME OF PROPOSER: �x, LNwN HtiO Li4405C'oPL, C.LL ADDRESS: Mt'I Pail IUhr1 51- SPrLfN1C5 6.7'401 E-MAIL ADDRESS: tictrt .c< l C , Co.� PHONE: 7g5 6i` SJL167 BY:—pAd fr>L TITLE: ww trL DATE SUBMITTED: 4 j40 PF- 6 EXHIBIT B TERM; SCHEDULE A. Term.The term of this Agreement shall commence in April 2024,and shall terminate on November 2, 2026 (covering the 2024-2026 mowing seasons (3 year/growing seasons) with 30 weekly and 15 bi-weekly mowing cycles per year), unless earlier terminated by either party pursuant to the terms of this Agreement. At the City's discretion, and based upon satisfactory performance by the Contractor,the City may elect to renew this Agreement for one(1) additional three (3) year term. B. Schedule.The Contractor shall perform the responsibilities set forth in Exhibit A from March through November each year during the term of this Agreement. During periods of exceptionally dry or wet weather, the Contractor shall confer with the City Manager's designee to determine the number of times mowing and trimming should occur.The mowing schedule will vary based on rainfall and temperature conditions. The City may request that mowing commence earlier than March or later than November. Exhibit B-1 EXHIBIT C BASIS OF PAYMENT A. Compensation. The City agrees to compensate the Contractor on a monthly basis based on the number of times mowed at each location specified in Schedule of Locations in the Proposal Form,at the bid price per location.All of the Contractor's costs and expenses,including employee salaries,overhead,other direct costs, subcontract expenses, and profit are included in the specified rate herein, and the City shall not be obligated to reimburse the Contractor for costs or expenses in excess of this specified rate.The City agrees that the specified rate shall be increased annually in accordance with the percentage increase in the Midwest Urban Consumer Price Index over the previous twelve (12) month period, to allow for projected increases in labor costs, fuel costs, and other related expenses involved in providing mowing services. The maximum percentage increase is 3%per year. B. Invoices. The Contractor shall submit detailed invoices, on a monthly basis, for work actually performed, which shall be accompanied by an approved Billing Worksheet for the applicable locations. Invoices and the completed Billing Worksheet(s) should be submitted to the City by the 10th of each month for the immediately preceding month's services completed,and directed to: City of Salina Utilities Department P.O. Box 736 Salina,Kansas 67402-0736 Attn:Utilities Mowing and Trimming—Monty Hole Margaret.kay@Salina.Org C. Payment. The City shall pay the Contractor for each invoice within fourteen (14) days after receiving the invoice. If the City disputes any items in the Contractor's invoice for any reason,the City may temporarily omit the disputed item and pay the remaining amount of the invoice. The City will promptly notify the Contractor of the omission and request clarification and/or a correction. Following resolution of any dispute,the Contractor will include the disputed items as resolved on subsequent invoicing. Exhibit C-1 EXHIBIT D INSURANCE REQUIREMENTS (Utilities Mowing Services) Pursuant to Section 6 of the Agreement,the Contractor shall obtain,pay for,and maintain—and shall require each of its authorized subcontractors to obtain and maintain—for the duration of the Agreement,policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of the workers' compensation policy to be obtained by the Contractor hereunder, all policies shall name as an additional insured the City,its agents,representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall extend to Products/Completed Operations and be as broad as the insurance for the named insured,including defense expense coverage,and,with respect to the commercial general liability policy required hereunder,shall be endorsed to apply as primary and non-contributory insurance before any other insurance or self-insurance, including any deductible, maintained by,or provided to,the additional insured(s). B. Waiver of Subrogation.Where allowed by law,all policies will include a waiver of subrogation in favor of the City, its agents,representatives,officers,officials, and employees. C. Premium and Deductible Expenses.The Contractor shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Agreement. 2. Specific Coverage Requirements. A. Commercial General Liability("CGL").The Contractor shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent and shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors and Advertising Injury.The policy limits shall not be less than the following: • Each occurrence $1,000,000 • General aggregate $2,000,000 • Personal and Advertising Liability $1,000,000 B. Business Automobile Liability("BAL").The Contractor shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned,hired,rented or used by the Contractor and include automobiles not owned by but used on behalf of the Contractor. The BAL policy limits shall not be less than the following: • Combined single limit $1,000,000 C. Workers' Compensation/Employer's Liability.The Contractor shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation(Coverage Part A) o Statutory • Employer's Liability(Coverage Part B) o $100,000 each accident o $500,000 disease—policy limit o $100,000 disease—each employee Exhibit D-1 A�o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/20/2023 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 CONTACT Kiersten Schmitt NAME: Iron Insurance Partners (AIC No,Ext): (800)563-1871 FAX No): (785)825-5098 P.O.Box 1213 E-MAIL kschmitt@ironrisk.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Salina KS 67402-1213INSURERA: Employers Mutual Casualty Co 21415 INSUREDINSURER B: Emcasco Insurance Company 21407 Fox Lawn and Landscape LLC INSURER C: Kansas Builders Insurance Group 1001 Franklin St INSURER D: INSURER E: Salina KS 67401 INSURER F: COVERAGES CERTIFICATE NUMBER: 24.25 All Lines 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 MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD SUBRDL POLICY NUMBER POLICY EFF POLICY EXP LIMITS {MM/DD/YYYY) (MM/DDlYYYY) X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 500,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) _ $ 10,000 A Y Y 6051008 01/01/2024 01/01/2025PERSONALBADVINJURY $ 1,000,000 GEN'LAGGREGATELIMIT APPLIESPER: GENERAL AGGREGATE $ 2,000,000 POLICY XPRO LOC PRODUCTS $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y Y 6E51008 01/01/2024 01/01/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS - HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE 6J51008 01/01/2024 01/01/2025 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X STATUTE 0TH AND EMPLOYERS'LIABILITY Y/N 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE N/A Y 20242245 01/01/2024 01/01/2025 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1000000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Salina is named as additional insured with regard to the General and Auto Liability. Waiver of Subrogation is added to the General Liability,Auto Liability and Work Comp for City of Salina as allowed by state statute,to the extent provided in the attached forms. CA7450,CG7578,WC000016 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Salina ACCORDANCE WITH THE POLICY PROVISIONS. 300 W.Ash St.Ste.206 AUTHORIZED REPRESENTATIVE Salina KS 67401 6,e jo jv ,4 �-J�X ©1988-2015 ACORD CORPORATION. All rihts reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Ott— n COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ELITE EXTENSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL (2) Available under the applicable Limit Of DAMAGE Insurance for Covered Autos Liability Section I — Covered Autos Paragraph C. Certain Coverage shown in the Declarations; Trailers, Mobile Equipment, and Temporary whichever is less. Substitute Autos is amended by adding the C. EMPLOYEES AS INSUREDS following: The following is added to the Section II — Covered If Physical Damage Coverage is provided by this Autos Liability Coverage, Paragraph A.1. Who Is coverage form for an "auto" you own, the Physical An Insured provision: Damage Coverages provided for that owned Any "employee" of yours is an "insured"while using "auto" are extended to any "auto" you do not own a covered "auto" you don't own, hire or borrow in while used with the permission of its owner as a your business or your personal affairs. temporary substitute for the covered "auto" you own that is out of service because of breakdown, D. EMPLOYEE HIRED AUTOS repair, servicing, "loss"or destruction. 1. Changes In Covered Autos Liability The coverage provided is the same as the Coverage coverage provided for the vehicle being replaced. The following is added to the Who Is An B. BLANKET ADDITIONAL INSUREDS Insured provision: The Who Is An Insured provision under Section II An "employee" of yours is an "insured" while — Covered Autos Liability Coverage is amended operating an "auto" hired or rented under a to include the following as an "insured": contract or agreement in an "employee's" name, with your permission, while performing 1. Any person or organization whom you have duties related to the conduct of your business. agreed in a written contract or agreement to 2. Changes In General Conditions name as an additional "insured" under your "auto" Policy to provide "bodily injury" or Paragraph 5.b. of the Other Insurance in the "property damage" coverage, but only with Business Auto Coverage Form is amended by respects to liability arising out of the use of a the addition of the following: covered "auto" you own, hire or borrow and For Hired Auto Physical Damage Coverage any resulting from the acts or omissions by you, any covered "auto" hired or rented by your of your "employees" or agents. The insurance "employee" under a contract in an "employee's" afforded to such additional "insured" will not be name, with your permission, while performing broader than that which you are required to duties related to the conduct of your business is provide for such additional "insured" and deemed to be a covered "auto"you own. applies only to a written contract executed prior However, any "auto" that is leased, hired, rented or to the "bodily injury" or "property damage" and borrowed with a driver is not a covered "auto". is still in force at the time of the"accident". 2. With respect to the insurance afforded to the E. NEWLY FORMED OR ACQUIRED additional "insured" described above, the ORGANIZATIONS following is added to Section — C. Limit Of Section II — Covered Autos Liability Coverage, Insurance Covered Autos Liability A.1. Who Is An Insured is amended by adding the Coverage: following: The most we will pay on behalf of the additional Any organization which you acquire or form after "insured" is the amount of insurance: the effective date of this Policy in which you (1) Required by the written contract or maintain ownership or majority interest. However: agreement described above, or CA7450(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 5 (1) Coverage under this provision is afforded only a covered private passenger "auto". The up to 180 days after you acquire or form the deductible is waived for these services. organization, or to the end of the Policy period, K. TRANSPORTATION EXPENSES whichever is earlier. Section III — Physical Damage Coverage, A.4. F. SUBSIDIARIES AS INSUREDS Coverage Extensions Subparagraph a. Section II — Covered Autos Liability Coverage, Transportation Expenses is replaced by the A.1. Who Is An Insured is amended by adding the following: following: (1) We will pay up to $75 per day to a maximum of Any legally incorporated subsidiary in which you $2,500 for temporary transportation expense own more than 50% of the voting stock on the incurred by you because of the total theft of a effective date of this Policy. However, "insured" covered "auto" of the private passenger type. does not include any subsidiary that is an "insured" We will pay only for those covered "autos" for under any other automobile liability Policy or was which you carry either Comprehensive or an "insured" under such a Policy but for termination Specified Cause of Loss Coverage. We will of that Policy or the exhaustion of the Policy's limits pay for temporary transportation expenses of liability. incurred during the period beginning 48 hours G. SUPPLEMENTARY PAYMENTS after the theft and ending, regardless of the Policy's expirations, when the covered "auto" is Section II — Covered Autos Liability Coverage, returned to use or we pay for its"loss". A.2.a. Coverage Extensions, Supplementary (2) If the temporary transportation expenses you Payments (2) and (4) are replaced by the incur arise from your rental of an "auto" of the following: private passenger type, the most we will pay is (2) Up to $5,000 for the cost of bail bonds the amount it costs to rent an "auto" of the (including bonds for related traffic law private passenger type which is of the same violations) required because of an "accident" like, kind and quality as the stolen covered we cover. We do not have to furnish these "auto". bonds. L. ELECTRONIC EQUIPMENT COVERAGE ADDED (4) All reasonable expenses incurred by the LIMITS "insured" at our request, including actual loss of All electronic equipment that reproduces, receives earnings up to $500 a day because of time off or transmits audio, visual, or data signals in any from work. one "loss" is $5,000, in addition to the sublimit in H. FELLOW EMPLOYEE COVERAGE Paragraph C.1.b. of the Limits Of Insurance In those jurisdictions where, by law, fellow provision under Section III — Physical Damage employees are not entitled to the protection Coverage. afforded to the employer by workers compensation M. HIRED AUTO PHYSICAL DAMAGE exclusivity rule, or similar.protection. The following Section III — Physical Damage Coverage, A.4. provision is added: Coverage Extensions is amended by adding the Subparagraph 5. of Paragraph B. Exclusions in following: If hired "autos" are covered "autos" for Section II — Covered Autos Liability Coverage Liability Coverage, and if Comprehensive, Specified does not apply if the "bodily injury" results from the Causes of Loss, or Collision Coverage is provided use of a covered "auto" you own or hire. for any "auto" you own, then the Physical Damage I. TOWING AND LABOR coverages provided are extended to "autos" you lease, hire, rent or borrow is deemed to be a Section III — Physical Damage Coverage, A.2. covered "auto" you own, subject to the following Towing And Labor is replaced with the following: limit and deductible: We will pay for Towing And Labor costs incurred, (1) The most we will pay for loss to any leased, subject to the following: hired, rented or borrowed "auto" is the lesser of a. Up to $100 each time a covered "auto" that is a up to a limit of$100,000, Actual Cash Value or private passenger type is disabled; or Cost of Repair, minus the deductible. b. Up to $500 each time a covered "auto" other (2) The deductible will be equal to the largest than the private passenger type is disabled. deductible applicable to any owned "auto" for However, the labor must be performed at the place that coverage. of disablement. (3) Subject to the above limit and deductible J. LOCKSMITH SERVICES provisions, we will provide coverage equal to the broadest coverage applicable to any Section III — Physical Damage Coverage, A.4. covered "auto"you own. Coverage Extensions is amended by adding the We will pay up to $1,000, in addition to the limit following: above, for Loss Of Use of a hired auto to a We will pay up to $250 per occurrence for leasing or rental concern for a monetary loss necessary locksmith services for keys locked inside CA7450(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 5 sustained, provided it results from an "accident" are an individual, the Personal Effects of a family for which you are legally liable. member, that is in the covered auto at the time of the However, coverage does not apply to any "auto" "loss". leased, hired, rented or borrowed in your Motor For the purposes of this extension Personal Effects Carrier Operations and any "auto" that is leased, means tangible property that is worn or carried by an hired, rented or borrowed with a driver is not a insured including portable audio, visual, or electronic covered "auto". devices. Personal Effects does not include tools, N. AUTO LOAN/LEASE GAP COVERAGE jewelry, guns, money and securities, or musical instruments. Section III — Physical Damage Coverage Q. EXTRA EXPENSE FOR STOLEN AUTO Paragraph A.4. Coverage Extensions is amended by the addition of the following: Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the Autos of the private passenger, light or medium following: trucks that are loaned or leased for a period of six months or longer and which have been provided We will pay up to $1,000 for the expense incurred Physical Damage Coverage is a covered "auto" returning a stolen covered "auto" to you because of under this Policy for which a premium charge has the total theft of such covered "auto". Coverage been made for Comprehensive, Specified Cause of applies only to those covered "autos" for which you Loss, or Collision Coverage. We will pay any carry Comprehensive or Specified Causes Of Loss unpaid amount due up to a limit of $10,000 on the Coverage. lease or loan for a covered "auto", including up to a R. RENTAL REIMBURSEMENT EXPENSES maximum of $500 for early termination fees or Section III — Physical Damage Coverage, A.4. penalties, on the lease or loan for a covered "auto", Coverage Extensions is amended by adding the less: following: 1. The amount paid under the Policy's Physical 1. This coverage applies only to a covered "auto"for Damage Coverage; and which Physical Damage Coverage is provided 2. Any: on this Policy. a. Overdue or any deferred lease/loan 2. We will pay for Rental Reimbursement payments at the time of the"loss"; Expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". b. Financial penalties imposed under a lease Payment applies in addition to the otherwise for excessive use, abnormal wear and tear applicable amount of each coverage you have on or high mileage; a covered "auto". No deductibles apply to this c. Security deposits not returned by the coverage. lessor; 3. We will pay only for those expenses incurred d. Costs for extended warranties, Credit Life during the Policy period beginning 24 hours Insurance, Health, Accident or Disability after the "loss" and ending, regardless of the Insurance purchased with the loan or lease; Policy's expiration, with the lesser of the and following number of days e. Carry-over balances from previous loans or a. The number of days reasonably required to leases. repair or replace the covered "auto". If"loss" is The insurance provided by this Auto Loan/Lease caused by theft, this number of days is added Gap Coverage is excess over any other collectible to the number of days it takes to locate the insurance including but not limited to any coverage covered "auto"and return it to you; or provided by or purchased from the lessor or any b. 30 days. financial institution. 4. Our payment is limited to the lesser of the O. PERSONAL PROPERTY OF OTHERS following amounts: Section III — Physical Damage Coverage, A.4. a. Necessary and actual expenses incurred; Coverage Extensions is amended by adding the or following: b. $75 per day, subject to a$2,250 limit. We will pay up to $500 for loss to Personal Property Of Others in or on your covered "auto" in 5. This coverage does not apply while there are the event of a covered "auto" loss. spare or reserve "autos" available to you for your operations. No deductibles apply to this coverage. 6. If"loss" results from the total theft of a covered P. PERSONAL EFFECTS COVERAGE "auto" of the private passenger type, we will Section III — Physical Damage Coverage, A.4. pay under this coverage only that amount of Coverage Extensions is amended by adding the your Rental Reimbursement Expenses which following: is not already provided for under the Physical We will pay up to $500 for "loss" to your Personal Damage — Transportation Expense Effects not otherwise covered in the Policy or, if you CA7450(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Pace 3 of 5 Coverage Extension included in this 2. Regardless of the number of covered "autos" endorsement. damaged or stolen the maximum deductible 7. Coverage provided by this extension is excess applicable for all"loss" in any one event caused by: over any other collectible insurance and/or a. Theft or Mischief or Vandalism; or endorsement to this Policy. b. All Perils S. VEHICLE WRAPS COVERAGE c. Collision Section III — Physical Damage Coverage, A.4. Will be equal to two times the highest deductible Coverage Extensions is amended by adding the applicable to any one covered"auto" on the Policy for following: Comprehensive, Specified Causes of Loss or 1. This coverage applies only to a covered "auto" Collision Coverage. The application of the highest for which Physical Damage Coverage is deductible used to calculate the maximum deductible provided on this Policy. will be made regardless of which covered "autos" 2. Vehicle wraps that are damaged are covered at were damaged or stolen in the"loss". the lessor of replacement cost or the original W. FULL GLASS COVERAGE purchase cost of the vehicle wrap, whichever is Section III — Physical Damage Coverage, D. less, up to$2,000. Deductible is amended by the addition of the This coverage does not apply to wear and tear. following: T. AIRBAG COVERAGE If the Comprehensive Coverage applies to the covered "autos", no Comprehensive Coverage Section III — Physical Damage Coverage, B.3.a. Exclusions is amended by adding the following: Deductible applies to the cost of repairing or replacing damaged glass on the covered"auto(s)". If you have purchased Comprehensive or Collision X. PHYSICAL DAMAGE DEDUCTIBLE — VEHICLE Coverage under this Policy, the exclusion relating to TRACKING SYSTEM mechanical breakdown does not apply to the accidental discharge of an airbag. Section III — Physical Damage D. Deductible is U. NEW VEHICLE REPLACEMENT COST amended by adding the following: The following is added to Paragraph C. Limit Of Comprehensive Coverage Deductible shown in the Insurance of Section III — Physical Damage Declaration will be reduced by 50% for any "loss" Coverage caused by theft of the vehicle when equipped with a In the event of a total "loss" to a covered "auto" you vehicle tracking device such as a radio tracking own of the private passenger type or vehicle having a device or a global positioning device and that grossdevice was the method of recovery of the vehicle. vehicle weight of 20,000 pounds or less, to which this coverage applies, we will pay to replace Y. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, such covered "auto", minus any applicable deductible SUIT,OR LOSS shown in the Declarations, at your option: Section IV — Business Auto Conditions, A.2. a. The verifiable new vehicle purchase price you Duties In The Event Of Accident, Claim, Suit Or paid for your damaged vehicle, not including any Loss is amended by adding the following: insurance or warranties. Your obligation to notify us promptly of an "accident", b. The purchase price, as negotiated by us, of a claim, "suit" or "loss" is satisfied if you send us the new vehicle of the same make, model, and required notice as soon as practicable after your equipment, or most similar model available, not Insurance Administrator or anyone else designated by including any furnishings, parts, or equipment not you to be responsible for insurance matters is notified, or in any manner made aware, of an"accident", claim, installed by the manufacturer or their dealership. "suit or"loss". c. The market value of your damaged vehicle, not Z WAIVER OF TRANSFER OF RIGHTS OF including any furnishings, parts, or equipment not RECOVERY installed by the manufacturer or their dealership. We will not pay for initiation or set up costs associated Subparagraph 5. of Paragraph A. Loss Conditions with a loans or leases. of Section IV — Business Auto Conditions is deleted in its entirety and replaced with the following. For the purposes of this coverage extension a new Transfer Of Rights Of RecoveryAgainst Others covered auto is defined as an "auto" of which you are g g To Us the original owner that has not been previously titled which you purchased less than 180 days prior to the If any person or organization to or for whom we date of loss. make payment under this Coverage Form has V. LOSS TO TWO OR MORE COVERED AUTOS rights to recover damages from another, those FROM ONE ACCIDENT rights are transferred to us. That person or organization must do everything necessary to Section III — Physical Damage Coverage, D. secure our rights and must do nothing after Deductible Subparagraph 2. is replaced by the "accident" or "loss" to impair them. However, we following: waive any right of recovery we may have against any person, or organization with whom you have a CA7450(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 4 of 5 written contract, agreement or permit executed AB. UNINTENTIONAL FAILURE TO DISCLOSE prior to the "loss" that requires a waiver of recovery EXPOSURES for payments made for damages arising out of your Section IV — Business Auto Conditions, B.2. operations done under contract with such person or Concealment, Misrepresentation, Or Fraud is organization. amended by adding the following: AA. PRIMARY AND NONCONTRIBUTORY — OTHER If you unintentionally fail to disclose any exposures INSURANCE CONDITION existing at the inception date of this Policy, we will not Section IV — Business Auto Conditions, B. deny coverage under this Coverage Form solely General Conditions, 5. Other Insurance c. is because of such failure to disclose. However, this replaced by the following: provision does not affect our right to collect additional premium or exercise our right of cancellation or non This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution renewal. from any other insurance available to an "insured" AC. MENTAL ANGUISH under your Policy provided that: Section V — Definitions, C. is replaced by the 1. Such "insured" is a Named Insured under such following: other insurance; and "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental 2. You have agreed in writing in a contract or agreement that this insurance would be primary anguish or death resulting from bodily injury, sickness and would not seek contribution from any other or disease. insurance available to such "insured". AD. LIBERALIZATION However, coverage does not apply to any "auto" If we revise this endorsement to provide greater leased, hired, rented or borrowed in your Motor coverage without additional premium charge, we will Carrier Operations and any "auto" that is leased, automatically provide the additional coverage to all hired, rented or borrowed with a driver is not a endorsement holders as of the day the revision is covered "auto". effective in your state. CA7450(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Pace 5 of 5 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ELITE EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement. A. EXPECTED OR INTENDED INJURY The aggregate limit listed above is the most we will Section I — Coverage A, Exclusion a. is amended pay for all damages because of"property damage" as follows: to property in the care custody and control of or property loaned to an insured during the policy a. "Bodily injury" or "property damage" expected period. or intended from the standpoint of an insured. This exclusion does not apply to "bodily injury" Any payment we make for damages because of or "property damage" resulting from the use of "property damage" to property in the care, custody reasonable force to protect persons or property. and control of or property loaned to an insured will B. NON-OWNED WATERCRAFT apply against the General Aggregate Limit shown in the declarations. Section I — Coverage A, Exclusion g.(2) is b. Our obligation to pay damages on your behalf amended as follows: applies only to the amount of damages in (2) A watercraft you do not own that is: excess of the deductible amount listed above. (a) Less than 60 feet long; and We may pay any part or all of the deductible amount listed above. We may pay any part or (b) Not being used to carry person(s) or all of the deductible amount to effect settlement property for a charge; of any claim or "suit" and upon notification by C. EXTENDED PROPERTY DAMAGE COVERAGE us, you will promptly reimburse us for that part Section I— Coverage A, Exclusions j.(3) and (4) is of the deductible we paid. amended to add the following: c. If two or more coverages apply under one Paragraphs (3) and (4) of this exclusion do not occurrence , only the highest per claim apply to tools or equipment loaned to you, provided deductible applicable to these coverages will they are not being used to perform operations at apply. the time of loss. d. Insurance provided by this provision is excess over any other insurance, whether primary, SCHEDULE excess, contingent or any other basis. Since Limits Of Insurance Deductible insurance provided by this endorsement is excess, we will have no duty to defend any $5,000 Each Occurrence $250 Per Claim claim or "suit" to which insurance provided by $10,000 Annual Aggregate this endorsement applies if any other insurer has a duty to defend such a claim or "suit". If a. The each occurrence limit listed above is the no other insurer defends, we will undertake to most we will pay for all damages because of do so, but we will be entitled to the insured's "property damage" to property in the care, rights against all those other insurers. custody and control of or property loaned to an D. PROPERTY DAMAGE— ELEVATORS insured as the result of any one "occurrence", regardless of the number of: Section I—Coverage A.2. Exclusions paragraphs (1) insureds; j.(3), j.(4), j.(6) and k. do not apply to use of elevators. This insurance afforded by this provision (2) claims made or"suits" brought; is excess over any valid and collectible property (3) persons or organizations making claims or insurance (including any deductible) available to bringing "suits". the insured and Section IV— Commercial General Liability Conditions Paragraph 4. Other Insurance is changed accordingly. CG7578(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 6 E. FIRE, LIGHTNING OR EXPLOSION DAMAGE a. Currently in effect or becomes effective Except where it is used in the term "hostile fire", the during the policy period; and word fire includes fire, lightning or explosion wherever b. Executed prior to an "occurrence" or it appears in the Coverage Form. offense to which this insurance would Under Section I — Coverage A, the last paragraph apply. (after the exclusions) is replaced with the following: However, the insurance afforded to such Exclusions c. through n. do not apply to damage by additional insured: fire, smoke or leakage from automatic fire protection a. Only applies to the extent permitted by law; systems to premises while rented to you or and temporarily occupied by you with permission of the b. Will not be broader than that which you are owner. A separate limit of insurance applies to this required by the contract or agreement to coverage as described in Section III — Limits of provide for such additional insured; and Insurance. F. MEDICAL PAYMENTS c. Applies only if the person or organization is not specifically named as an additional If Section I — Coverage C. Medical Payments insured under any other provision of, or Coverage is not otherwise excluded from this endorsement added to, Section II — Who Coverage Form: Is An Insured of this policy. The requirement, in the Insuring Agreement of 2. As provided herein, the insurance coverage Coverage C., that expenses must be incurred and provided to such additional insureds is limited reported to us within one year of the accident date is to: changed to three years. G. SUPPLEMENTARY PAYMENTS a. Any Controlling Interest, but only with respect to their liability arising out of their Supplementary Payments — Coverages A and B financial control of you; or premises they Paragraphs 1.b. and 1.d. are replaced by the own, maintain, or control while you lease or following: occupy these premises. 1.b.Up to $5,000 for cost of bail bonds required This insurance does not apply to structural because of accidents or traffic law violations alterations, new construction and arising out of the use of any vehicle to which the demolition operations performed by or for Bodily Injury Liability Coverage applies. We do that person or organization. not have to furnish these bonds. b. Any architect, engineer, or surveyor 1.d.All reasonable expenses incurred by the insured engaged by you but only with respect to at our request to assist us in the investigation or liability for "bodily injury", "property defense of the claim or "suit', including actual damage" or "personal and advertising loss of earnings up to $500 a day because of injury" caused, in whole or in part, by your time off from work. acts or omissions or the acts or omissions H. SUBSIDIARIES AS INSUREDS of those acting on your behalf: Section II —Who Is An Insured is amended to add (1) In connection with your premises; or the following: (2) In the performance of your ongoing 1.f. Any legally incorporated subsidiary in which you operations. own more than 50% of the voting stock on the With respect to the insurance afforded to effective date of this policy. However, insured these additional insureds, the following does not include any subsidiary that is an insured additional exclusion applies: under any other general liability policy, or would have been an insured under such a policy but for This insurance does not apply to "bodily termination of that policy or the exhaustion of that injury", "property damage" or"personal and policy's limits of liability. advertising injury" arising out of the rendering of or the failure to render any I. BLANKET ADDITIONAL INSUREDS — AS professional services by or for you, REQUIRED BY CONTRACT including: 1. Section II —Who Is An Insured is amended to (1) The preparing, approving, or failing to include as an additional insured any person(s) or prepare or approve, maps, shop organization(s) subject to provisions in Paragraph drawings, opinions, reports, surveys, 2. below, (hereinafter referred to as additional field orders, change orders or drawings insured) when you and such person(s) or and specifications; or organization(s) have agreed in a written contract (2) Supervisory, inspection, architectural or or written agreement that such person(s) or organization(s) be added as an additional insured engineering activities. on your policy provided that the written contract or agreement is: CG7578(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 6 This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or (a) "Bodily injury", "property damage" or other wrongdoing in the supervision, hiring, "personal and advertising injury" employment, training or monitoring of arising out of operations performed others by that insured, if the "occurrence" for the federal government, state or which caused the "bodily injury" or municipality; or "property damage", or the offense which p ty' caused the "personal and advertising (b) "Bodily injury" or "property damage" injury", involved the rendering of or the included within the "products- failure to render any professional services completed operations hazard". by or for you. e. Any vendor, but only with respect to "bodily c. Any manager or lessor of a premises injury" or "property damage" arising out of leased to you, but only with respect to "your products" which are distributed or sold liability arising out of the ownership, in the regular course of the vendor's maintenance or use of that part of a business. premises leased to you, subject to the With respect to the insurance afforded to following additional exclusions: these vendors, the following additional This insurance does not apply to: exclusions apply: (1) Any "occurrence" which takes place (1) The insurance afforded any vendor does after you cease to be a tenant in that not apply to: premises. (a) "Bodily injury" or "property damage" (2) Structural alterations, new construction for which any vendor is obligated to or demolition operations performed by pay damages by reason of the or on behalf of such additional insured. assumption of liability in a contract or agreement. This exclusion does not d. Any state or governmental agency or political subdivision, subject to apply to liability for damages that any subdivision or vendor would have in the absence of the following: the contract or agreement; (1) This insurance applies only with respect (b) Any express warranty unauthorized to the following hazards for which any by you; state or governmental agency or subdivision or political subdivision has (c) Any physical or chemical change in issued a permit or authorization in the product made intentionally by connection with premises you own, rent any vendor; or control and to which this insurance (d) Repackaging, except when I applies: unpacked solely for the purpose of (a) The existence, maintenance, repair, inspection, demonstration, testing, construction, erection or removal of or the substitution of parts under advertising signs, awnings, instructions from the manufacturer, canopies, cellar entrances, coal and then repackaged in the original holes, driveways, manholes, container; marquees, hoist away openings, (e) Any failure to make such sidewalk vaults, street banners or inspections, adjustments, tests or decorations and similar exposures; servicing as any vendor has or agreed to make or normally (b) The construction, erection or undertakes to make in the usual removal of elevators; or course of business, in connection with the distribution or sale of the (c) The ownership, maintenance or use products; of any elevators covered by this insurance. (f) Demonstration, installation, (2) This insurance applies onlywith respect servicing or repair operations, PP P except such operations performed to operations performed by you or on at any vendor's premises in your behalf for which any state or connection with the sale of the governmental agency or subdivision or product; political subdivision has issued a permit or authorization. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for any vendor; or CG7578(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 3 of 6 (h) "Bodily injury" or "property A person's or organization's status as an damage" arising out of the sole additional insured under this endorsement negligence of any vendor for its ends when their contract or agreement with own acts or omissions or those of you for such leased equipment ends. its employees or anyone else With respect to the insurance afforded to acting on its behalf. However, this these additional insureds, this insurance exclusion does not apply to: does not apply to any "occurrence" which (i) The exceptions contained in takes place after the equipment lease Subparagraphs (d) or(f); or expires. (ii) Such inspections, adjustments, I Any Owners, Lessees, or Contractors for tests or servicing as any whom you are performing operations, but vendor has agreed to make or only with respect to liability for "bodily normally undertakes to make in injury", "property damage" or"personal and the usual course of business, advertising injury" caused, in whole or in in connection with the part, by: distribution or sale of the (1) Your acts or omissions; or products. (2) The acts or omissions of those acting (2) This insurance does not apply to any on your behalf; insured person or organization, from whom you have acquired such in the performance of your ongoing products, or any ingredient, part or operations for the additional insured. container, entering into, accompanying A person's or organization's status as an or containing such products. additional insured under this endorsement f. Any Mortgagee, Assignee Or Receiver, but ends when your operations for that only with respect to their liability as additional insured are completed. mortgagee, assignee, or receiver and With respect to the insurance afforded to arising out of the ownership, maintenance, these additional insureds, the following or use of the premises by you. additional exclusions apply: This insurance does not apply to structural This insurance does not apply to: alterations, new construction and demolition operations performed by or for (1) "Bodily injury", "property damage" or that person or organization. "personal and advertising injury" arising g. Any Owners Or Other Interests From out of the rendering of, or the failure to render, any professional architectural, Whom Land Has Been Leased, but only with respect to liability arising out of the engineering or surveying services, ownership, maintenance or use of that part including: of the land leased to you. (a) The preparing, approving, or failing to prepare or approve, maps, shop With respect to the insurance afforded to drawings, opinions, reports, surveys, these additional insureds, the following field orders, change orders or additional exclusions apply: drawings and specifications; or (1) This insurance does not apply to: (b) Supervisory, inspection, architectural (a) Any "occurrence" which takes or engineering activities. place after you cease to lease that This exclusion applies even if the claims land; or against any insured allege negligence or (b) Structural alterations, new other wrongdoing in the supervision, hiring, construction or demolition employment, training or monitoring of operations performed by or on others by that insured, if the "occurrence" behalf of such additional insured. which caused the "bodily injury" or h. Any person or organization from whom you "property damage", or the offense which lease equipment, but only with respect to caused the "personal and advertising liability for "bodily injury", "property injury", involved the rendering of or the damage" or "personal and advertising failure to render any professional injury" caused, in whole or in part by your architectural, engineering or surveying maintenance, operation or use of services. equipment leased to you by such person(s) (2) "Bodily injury" or "property damage" or organization(s). occurring after: CG7578(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 4 of 6 (a) All work, including materials, parts This endorsement shall not increase the or equipment furnished in applicable Limits of Insurance shown in the connection with such work, on the Declarations. project (other than service, J. COVERAGE FOR INJURY TO CO-EMPLOYEES maintenance or repairs) to be AND/OR YOUR OTHER VOLUNTEER WORKERS performed by or on behalf of the additional insured(s) at the location Section Il—Who is an Insured, Paragraph 2.a.(1) is of the covered operations has been amended to add the following: completed; or e. Paragraphs (a), (b), and (c) do not apply to your (b) That portion of "your work" out of "employees" or "volunteer workers" with respect which the injury or damage arises to "bodily injury" to a co-"employee" or other has been put to its intended use by "volunteer worker". any person or organization other Damages owed to an injured co"employee" or than another contractor or "volunteer worker" will be reduced by any subcontractor engaged in amount paid or available to the injured co- performing operations for a "employee" or "volunteer worker" under any principal as a part of the same other valid and collectible insurance. project. K. HEALTH CARE SERVICE PROFESSIONALS AS j. Any Grantor of Licenses to you, but only INSUREDS-INCIDENTAL MALPRACTICE with respect to their liability as grantor of Section II — Who is an Insured, Paragraph 2.a. (1) licenses to you. (d)is amended as follows: Their status as additional insured under This provision does not apply to Nurses, Emergency this endorsement ends when: Medical Technicians, or Paramedics who provide 1. The license granted to you by such professional health care services on your behalf. person(s) or organization(s)expires; or However this exception does not apply if you are in 2. Your license is terminated or revoked the business or occupation of providing any such by such person(s) or organization(s) professional services. prior to expiration of the license as L. NEWLY FORMED OR ACQUIRED stipulated by the contract or ORGANIZATIONS ' agreement. k. Any Grantor of Franchise, but only with Section II — Who Is An Insured, Paragraph 3.a. is respect to their liability as grantor of a replaced by the following: franchise to you. 3.a. Coverage under this provision is afforded until I. Any Co-owner of Insured Premises, but the end of the policy period. only with respect to their liability as co- This provision does not apply if newly formed or owner of any insured premises. acquired organizations coverage is excluded either by m. Any Concessionaires Trading Under Your the provisions of the Coverage Form or by endorsements. Name, but only with respect to their liability as a concessionaire trading under your M. DAMAGE TO PREMISES RENTED TO YOU name. Section III — Limits of Insurance, Paragraph 6. is 3. Any insurance provided to any additional replaced by the following: insured does not apply to "bodily injury", Subject to 5.a. above, the Damage To Premises "property damage" or"personal and advertising Rented To You Limit, or $500,000, whichever is injury" arising out of the sole negligence or higher, is the most we will pay under Coverage A for willful misconduct of the additional insured or its damages because of "property damage" to any one agents, "employees" or any other premises, while rented to you, or in the case of representative of the additional insured. damage by fire, smoke or leakage from automatic 4. With respect to the insurance afforded to these protection systems, while rented to you or temporarily additional insureds, the following is added to occupied by you with permission of the owner. Section III—Limits of Insurance: N. MEDICAL PAYMENTS—INCREASED LIMITS If coverage provided to any additional insured Section III — Limits of Insurance, Paragraph 7. is is required by a contract or agreement, the replaced by the following: most we will pay on behalf of the additional 7. Subject to Paragraph 5. above, $10,000 is the insured is the amount of insurance: Medical Expense Limit we will pay under a. Required by the contract or agreement; or Coverage C for all medical expenses because of b. Available under the applicable Limits of "bodily injury" sustained by any one person, Insurance shown in the Declarations; unless the amount shown on the Declarations of whichever is less. this Coverage Part for Medical Expense Limit states: CG7578(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 5 of 6 (a) No Coverage; or Q. UNINTENTIONAL FAILURE TO DISCLOSE (b) $1,000; or EXPOSURES (c) $5,000; or Section IV — Commercial General Liability Conditions Paragraph 6. Representations is (d) A limit higher than$10,000. amended to add the following: O. DUTIES IN THE EVENT OF OCCURRENCE, If you unintentionally fail to disclose any exposures OFFENSE,CLAIM OR SUIT existing at the inception date of your policy, we will not Section IV — Commercial General Liability deny coverage under the Coverage Form solely Conditions Paragraph 2. is amended to add the because of such failure to disclose. However, this following: provision does not affect our right to collect additional e. The requirement in Condition 2.a. that you must premium or exercise our right of cancellation or non- see to it that we are notified as soon as renewal. practicable of an "occurrence" or an offense This provision does not apply to any known injury which may result in a claim, applies only when the or damage which is excluded under any other "occurrence"or offense is known to: provision of this policy. (1) You, if you are an individual or a limited R. WAIVER OF TRANSFER OF RIGHTS OF liability company; RECOVERY AGAINST OTHERS TO US (2) A partner, if you are a partnership; Section IV — Commercial General Liability (3) A member or manager, if you are a limited Condition Paragraph 8. Transfer Of Rights Of liability company; Recovery Against Others To Us is amended to add the following: (4) An "executive officer" or insurance manager, if you are a corporation; or We waive any right of recovery we may have against any person or organization because of (5) A trustee, if you are a trust. payments we make for injury or damage arising out f. The requirement in Condition 2.b. that you must of: see to it that we receive notice of a claim or"suit" 1. Your ongoing operations; or as soon as practicable will not be considered breached unless the breach occurs after such 2. "Your work" included in the "products- claim or"suit' is known to: completed operations hazard". (1) You, if you are an individual or a limited However, this waiver applies only when you have liability company; agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or (2) A partner, if you are a partnership; agreement: (3) A member or manager, if you are a limited 1. Is in effect or becomes effective during the term liability company; of this policy; and (4) An "executive officer" or insurance manager, 2. Was executed prior to loss. if you are a corporation; or S. MENTAL ANGUISH (5) A trustee, if you are a trust. P. PRIMARY AND NONCONTRIBUTORY — Section V—Definition 3. is replaced by the following: ADDITIONAL INSURED EXTENSION "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental Section IV — Commercial General Liability anguish or death resulting from bodily injury, Conditions Paragraph 4. Other Insurance is sickness or disease. amended to add the following: T. LIBERALIZATION This insurance is primary to and will not seek contribution from any other insurance available to an If we revise this endorsement to provide greater additional insured under your policy provided that: coverage without additional premium charge, we will automatically provide the additional coverage to (1) The additional insured is a Named Insured under all endorsement holders as of the day the revision such other insurance; and is effective in your state. (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However, if the additional insured has been added as an additional insured on other policies, whether primary, excess, contingent or on any other basis, this insurance is excess over any other insurance regardless of the written agreement between you and an additional insured. CG7578(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 6 of 6 Kansas Builders Insurance Group 2101 SW 36th ST TOPEKA KS 66611-2553 Phone: 877-266-4540 Fax: 785-266-7953 WORKERS COMPENSATION POLICY CHANGE INSURED: FOX LAWN AND LANDSCAPE LLC POLICY NO: 2024 -2245 1001 FRANKLIN ST PERIOD: 01/01/24 - 12/31/24 SALINA KS 67401 AGENT: 503 IRON INSURANCE PARTNERS P.O. BOX 1213 SALINA KS 67402-1213 ENDORSEMENT: WC 00 00 16 CHANGE EFFECTIVE DATE: 1/01/2024 ADDITIONAL PREMIUM: $ 300.00 ENDORSEMENT: BLANKET WAIVER OF SUBROGATION We have the right to recover our payments from anyone liable for an injury covered by this contract. 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 As required by written contract. *THIS IS NOT A BILL. ANY ADDITIONAL PREMIUM WILL BE BILLED ON YOUR MONTHLY INTERIM REPORT. THIS ENDORSEMENT MAY AFFECT YOUR PREMIUM.