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2400 - Superior Pavement Markings, Inc. - Striping Maintenance Services FY 24-25 To FY 26-27n PROFESSIONAL SERVICES AGREEMENT STRIPING MAINTENANCE SERVICES FY 24-25 TO FY 26-27 (SUPERIOR PAVEMENT MARKINGS, INC.) 1. PARTIES AND DATE. This Agreement is made and entered into this �� Day ofDeCMW , 2024 (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City') and Superior Pavement Markings, Inc. with its principal place of business at 5312 Cypress Street, Cypress, California 90630 ("Consultant'). City and Consultant are sometimes individually referred to herein as "Party' and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing roadway striping and pavement marking services to public clients, is licensed in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such ongoing professional roadway striping and pavement marking maintenance services ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. r) n Superior Pavement Markings, Inc. Page 2 of 19 3.1.1 General Scope of Services: Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply roadway striping and pavement marking maintenance services necessary under still agreement, herein referred to a "Services". The Services are more particularly described in Exhibit A attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from the Effective Date shown above to June 30, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. Superior Pavement Markings, Inc. Page 3 of 19 3.2.3 Conformance to Applicable Requirements: All work preformed by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel: Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative: The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative: Consultant hereby designates Darren Veltz or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business License, and Superior Pavement Markings, Inc. Page 4 of 19 that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and in compliance with applicable local state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any liability to the extent found to be arising out of any failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed Seventy -Five Thousand Dollars ($75,000) and in accordance with consultant's proposal submitted on September 24th, 2024. Consultant's proposal is hereby incorporated and found in Exhibit "A". Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this agreement. n. r) Superior Pavement Markings, Inc. Page 5 of 19 3.3.2 Payment of Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. ri r) Superior Pavement Markings, Inc. Page 6 of 19 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices: All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: Superior Pavement Markings, Inc. 5312 Cypress Street Cypress, CA 90630 Attn: Darren Veltz CITY: Tel: (714) 995-9100 City of Rosemead 8838 Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim n n, Superior Pavement Markings, Inc. Page 7 of 19 Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. The Documents & Data are intended for use solely with respect to the project for which they were prepared. Any reuse or modification by City shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. n rN Superior Pavement Markings, Inc. Page 8 of 19 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action as part of prevailing party's total damages as determined by court of competent jurisdiction or as agreed upon by the parties in settlement. 3.5.6 Indemnity and Defense. a. Indemnity and Defense To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant's duty to indemnify and hold harmless Agency shall not extend to the Agency's sole or active negligence. b. Duty to Defend In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant's cost or at Agency's option, to reimburse Agency for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency's defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. (1 r) Superior Pavement Markings, Inc. Page 9 of 19 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers 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. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. Superior Pavement Markings, Inc. Page 10 of 19 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. A'1 fl Superior Pavement Markings, Inc. Page 11 of 19 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next Page] Superior Pavement Markings, Inc. Page 12 of 19 CITY OF ROSEMEAD 1 / Ben , City Manager Date Attest: -Er"Icka Hernandez, City Clerk D to Approved as to Form: achel Richman Date City Attorney Superior Pavement Markings, Inc. By: Name:Tlyf-CA ye� Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Title: VWIW b'&�V� Superior Pavement Markings, Inc. Page 13 of 19 EXHIBIT A SCOPE OF SERVICES/ RATE SCHEDULE n 4vp 90#9T _Pavement Markings City of Rosemead 8838 Valley Boulevard Rosemead, Ca. 91770 Subject: RFP To Provide Striping Maintenance Services In The City of Rosemead, California (FY 24-25 to FY 26-27), RFP No. 2024-18 We are pleased to offer our company's proposal for the Striping Maintenance Services In The City of Rosemead, California (FY 24-25 to FY 26-27), RFP No. 2024-18 for the City of Rosemead which bids on Wednesday September 25, 2024 at 10:30 am. Superior Pavement Markings has been providing striping and signing services for twenty four (24) years now. Superior Pavement Markings has been in the striping and signing industry since March, 2000 and has been incorporated in the state of California since February 2006. We hold a C-32 "Parking and Highway Improvement" Contractors license as well as a C-31 "Traffic Control" License and a D42 "Non-Elctrical Sign Installation" License. Superior Pavement Markings Contractors license is 776306 and DIR #1000001476. As with all projects located within Orange County and Los Angeles County this project will be managed by Darren Veltz our Chief Financial Officer/Estimator, out of our Orange County office located at 5312 Cypress st, Cypress Ca 90630 (714) 995-9100. 7� Z Darren Veltzz,, Chief Financial Officer 5312 Cypress St Cypress Ca Tel. 714.995.9100 Fax 714.995.9400 CONTRACTORSklWA dCa STATACTIVE LICENSE „_....776306 .-.CORP SUPERIOR PAVEMENT MARKINGS INC ,_s.,.,C32 C31 C61/038 C61ID42 kowl ,..,. _ 08/eln0zs wwa Wb o gov 0 0 9/23/24, 2:56 PM Superior Pavement Markings Inc plp w.=— AD 1 R Dept 4" rr0 eCPR Public Search Log in Dept 111110111 41 M1du�rirl Re1�n Public Works Support Contractors Projects Register .H.QM9 i QtjtaMr i Superior Pavement Markings Inc Superior Pavement Markings Inc Contractor Contractor business email lorena@superiorpavementmarkings.com Contractor c ation eff date 2023-07-01 Contractor first name Darren Contractor mailing city Cypress https://services.dir. e.gov/gsp7id=dir_public_form&table=z_cdoi2—letf core_contractor_lookup&sys_Id=c90b3a08978b461059bd323de053sf21 114 n M 9/23/24.2:56 PM Superior Pavement Markings Inc Contractor mailing state CA Contractor mailing zip 90630 Contractor physical city Cypress --- - Contractor physical state CA - Contractor physical zip 90630 ----------- - --- -----. Contractor certify date 2023-06-28 - - -.. - - -- ----,I Contractor company type -- — - -- ----- -- ---- ----------------------- Corporation Contractor craft legacy Parking Highway Improvement Contractor craft snow Contractor c ation exp date 2025-06-30 Contractor date deactivated Contractor dba name Mtps//services.dirce.gov/gsp'Md=dir_public form&table=,Lpdoi2_Wtf Core_wntractor_lookup&sys_id=c90b3a08978b461059bd323de053af21 214 ri n 9/23124, 2:56 PM Superior Pavement Markings Inc Contractor entity number 48587745 Contractor I D 1000001476 Contractor last name Veltz Contractor mailing address2 Contractor physical address! 5312 Cypress St Contractor physical address2 Contractor source SNOW ----- ------ --—_----_ Contractor we cert date 2023-06-01 Contractor we exp date 2024-06-01 Contractor we policy number SUWC457593 Contractor we selection Insured by carrier Contractor legal entity name https://services.dir.ce.gov/gsplid=dir_public_fbrm&tabie=x_cdoi2—lett core_contractor_lwkup&sys_id=c9Ob3a0B978b461059bd323de053af2i 3/4 e 9/23/24.2:56 PM Superior Pavement Markings Inc -- ------------...-__. . Contractor mailing addressl 5312 Cypress St Contractor we carrier Patriot Risk & Insurance Services Checked Trani&Conditions, Priyzy Policy DD' d imer dQPffiliarri )LnAbQnNsYss Aluff3A.bfty. dirca.gov Ori Superior Pavement Markings Inc Copyright 2024 State of California https://services.dirm.gov/gsp7id=dirpublic fOrm&tede=x_cdoi2_Ietf core contractor_lookup&sys Id=c90b3ao8978b461059bd323de053af27 414 Pavement Markings "Statement of Qualifications" Superior Pavement Markings has been providing striping and signing services for twenty one years now. Superior Pavement Markings has been in the striping and signing industry since March, 2000 and has been incorporated in the state of California since February 2006. We hold a C-32 "Parking and Highway Improvement" Contractors license as well as a C-31 "Traffic Control" License. Superior ownership (John Lucas & Darren Veltz) have a combined forty eight years of experience in the striping industry. Our Vice President Robert Garcia has twenty eight years of striping experience. Superior has a total of forty field employees with a total of thirty seven Journeymen from local 1184. Superior has over forty specialty trucks that provide various type of striping, signing, markings, traffic control, and removals required to perform this project. Superior Pavement Markings does not foresee the need to use any subcontractors for this project. Superior has all the equipment and experience to provide, paint striping, thermoplastic striping, paint markings, thermoplastic markings, signing, reflective pavement markings, non reflective pavement markers, curb painting, striping removals, and sweeping in house. Superior usually has a two week backlog of work already on our schedule. This being said Superior will always move Glendale to the top of the list. If something is urgent Superior will jump on immediately to handle the situation to make everything safe. The rest of the work will be scheduled in a timely manner. Superior has a location in Cypress that is less that forty miles away from Glendale and frequently has crews passing by Glendale on their way to or from another project. Safety is always at the top of our list of importance. Superior currently has a MOD rate of 85. Superior also has arrow boards on every truck. We also use hi levels and traffic cones to keep our workers and citizens safe. "METHODOLOGY" As with all of our projects, constant communication with the City's representative is crucial in determining and prioritizing areas and roadways that are in most urgent need of attention. As areas are identified and completed, the City's representative will be notified upon 5312 Cypress St Cypress Ca Tel. 714.995.9100 Fax 714.995.9400 e) n completion and advised to inspect the work performed to ensure (as we go along) that the work was performed to the City's satisfaction. It is our intention to identify any small problems early on and rectify immediately. It will be the responsibility of the City's representative to provide us weekly or monthly updated list's, map's, location's the City has identified as Roadway's in need of maintenance. In order to maximize production and be most cost effective, it is within the City's best interest to ensure a significant amount of work be provided with each area request so that we can maximize full use of our specialized equipment and personnel and limit the amount of mobilizations, thereby reducing the impact on traffic. Superior Pavement Markings Inc. also likes to keep our customers updated with the latest technology and material improvements in order to ensure our customers are aware of all available options. It is not anticipated that Superior Pavement Markings Inc. would require the use, purchase or renting of any City owned facilities. 5312 Cypress St Cypress Ca Tel. 714.995.9100 Fax 714.995.9400 tU PO gfl=§gP= Pavement Markings Technical Competence Superior Pavement Markings, Inc. utilizes Planswift software for quantitative take -offs. In addition, Superior Pavement Markings, Inc. uses File Maker software for estimate build-ups and cost analysis. Superior Pavement Markings, Inc. has exhibited the ability to draw upon multi -disciplinary staff to address the services requested in this RFP for in excess of twenty (20) years. 5312 Cypress St Cypress Ca Tel. 714.995.9100 Fax 714.995.9400 Pavement Markings Related Experience Superior Pavement Markings has been performing citywide striping contracts for various cities in Southern California for over fifteen years. Superior knows how important it is to complete the various work orders provided by the city with quality work in a timely manner. Superior will always put our best effort forward to complete these tasks. Below are some of cities that Superior currently has maintenace contracts with. Please feel free to contact any of these cities or any other city in the reference section to verify Superior's ability to deliver on time with quality work. We currently provide roadway striping and maintenance services for 27 different cities including Irvine, Covina, West Covina, Montebello, Ontario, Downey, Murrieta, La Quints, Jurups Valley, Lancaster, Banning, Palm Desert, Palm Springs, Beverly Hills, Stanton, San Fernando, Westminster, Duarte, San Dimas, La Verne, Santa Monica, Chino Hills, Claremont, Los Alamitos, Baldwin Park, Placentia as well as the City of Costa Mesa. City of Irvine Byron Gemmell (949) 337-7019 Bgemmell@cityofirvine.net City of Westminster Tuan Pham (714) 548-3456 Tpham@ci.westminster.ca.us City of Anahiem German Rodriguez (714) 765-6860 Grodriguesz@anaheim.net 5312 Cypress St Cypress Ca Tel. 714.995.9100 Fax 714.995.9400 Pavement Markings Experience 2023 City of San Dimas Esau Ramos, (909) 208-9431, eramos@sandimasca.gov Project Name: Striping on San Dimas and Lone Hill Completed: 12/2023 Contract Amount: $48,004.00 City of Covina Hugo Guerrero, (626) 705-6300, huerrero@covinaca.gov Project Name: Annual Striping Maintenance Contract FY 2019/2020 Completed: 10/2023 Contract Amount: $33,754.91 City of Murrieta Jason Morrell, (951) 461-6400, JMorrell@murrieta.org Project Name: On -Call Street Striping & Pavement Marking Maintenance Services 2023 -2024 Completed: 08/2023 Contract Amount: $26,718.00 City of Signal Hill Arvin Pacheco, (562) 335-9513, Apacheco@cityofsignalhill.org Project Name: Segment 8 Striping Measurement Completed: 07/2023 Contract AMount: 28,216.33 City of San Dimas Esau Ramos, (909) 208-9431, eramos@sandimasca.gov Project Name: Arterial Restripe in Various Locations at the City of San Dimas Completed: 06/2023 Contract Amount: $98,927.46 City of Irvine Jose Alvarado, (562) 762-5711, jalvarado@cityofirvine.org Project Name: As -Needed Street Striping Services 21-3028 Completed: 07/2023 5312 Cypress St Cypress Ca Tel. 714.995.9100 Fax 714.995.9400 w Contract Amount: $588,572.93 rN 5312 Cypress St Cypress Ca Tel. 714.995.9100 Fax 714.995.9400 ctbp(NPooT Pavement Markings Experience 2024 City of Baldwin Park Anthony Vazquez, (626) 960-3993, AVazquez@baldwinpark.com Project Name: Los Angeles Street Repainting Little John St to Park Ave) Completed: 01/2024 Contract Amount:$13,846.00 City of Arcadia Dave Thompson, (626) 254-2726, Dthompson@arcadiaca.gov Project Name: Street Striping and Pavement Marking Services Completed: 02/2024 Contract Amount: $113,264.00 City of San Marino Chris Gutierrez, (626) 300-0793, cgutierrez@cityofsanmarino.org Project Name: Restriping Los Robles Completed: 03/2024 Contract Amount: $29,870.00 City of Costa Mesa Henry Granados, (714) 327-7472, henry.granados@costamesaca.com Project Name: Street Striping & Thermoplastic Markings (22-09) Completed: 04/2024 Contract Amount: $159,612.00 City of San Dimas Esau Ramos, (909) 208-9431, eramos@sandimasca.gov Project Name: Repaint Citywide Schools Completed: 06/2024 Contract Amount: $26,837.60 City of Irvine Jose Alvarado, (562) 762-5711, jalvarado@cityofirvine.org Project Name: As -Needed Street Striping Services 21-3028 Completed: 06/2024 Contract Amount: $588,572.93 5312 Cypress St Cypress Ca Tel. 714.995.9100 Fax 714.995.9400 Ml n City of Culver City Andrew Maximous, (310) 253-5628, Andrew. Maximous@culvercity.org Project Name: Safe Route to School Striping Project, PZ941 Completed: 05/2024 Contract Amount: $396,792.32 5312 Cypress St Cypress Ca Tel. 714.995.9100 Fax 714.995.9400 pct��oc� Pavement Markings References Project Name:Citywide Slurry Seal (Phase 3) Project FY2023-2024, City of Lynwood Completed: 01/2024 Contact: All American Asphalt, Augustine De Los Reyes (951) 736-7600 Amount: $190,981.44 Project Name: 2022-2023 Street Rehabilitation, City of Monterey Park Completed: 04/2024 General Contractor Contact: All American Asphalt, Maurice Ramirez (951) 736-7600 Amount: $138,892.45 Project Name: Road Maintenance and Rehabilitation & Slurry Seal Project, Cit of Wildomar Completed: 04/2024 General Contractor Contact: All American Asphalt, Gordon Kline (714) 995-9100 Amount: $145,484.00 Project Name: Annual Streets Program FY 22/23, City of San Gabriel Completed: 04/2024 General Contractor Contact: Excel Paving, Edwin Magada (562) 599-5841 Amount: $72,332.00 Project Name: SBI CDBG Street Reconstruction Project, City of Huntington Park Completed: 06/2023 General Contractor Contact: Excel Paving, Louis Flores (562) 599-5841 Amount: $180,435.00 Project Name: Malvern Avenue Rehabilitation Project, City of Buena Park Completed: 11/2022 General Contractor Contact: Excel Paving, Jake Phillips (562) 599-5841 Amount: $85,963.45 Project Name: SOLV Oberon Rice Rd Street Improvement, Riverside County Completed: 03/2024 General Contractor Contact: Granite Construction, Sibel Salazar (760) 775-7500 Amount: $63,549.00 Project Name: Box Canyon Road Washout, Riverside County Completed: 11/2023 General Contractor Contact: Granite Construction, Sibel Salazar (760) 775-7500 Amount: $25,210.90 Project Name: Date Palm Dr Pavement Rehab Project (City Project No. 8840), Cathedral City Completed: 04/2024 5312 Cypress St Cypress Ca Tel. 714.995.9100 Fax 714.995.9400 n General Contractor Contact: Granite Construction, Sibel Salazar (760) 775-7500 Amount: $62,643.00 Project Name: East Main Street Evan Hewes Hwy Rehabilitation Project CRASL-5169(057), EI Centro Completed: 04/2024 General Contractor Contact: Vance Corp., Kurt Akabod (909) 355-4333 Amount: $34,532.00 Project Name: Edwards Street Improvement, Westminster Completed: 02/2024 General Contractor Contact: RJ Noble, Jacob Breedlove (714) 637-1550 Amount: $42,637.00 Project Name: Annual Slurry Seal At Various Locations, Orange Completed: 03/2024 General Contractor Contact: Pavement Coatings, Michelle Lee (714) 826-3011 Amount $114,289.85 Project Name: Rowland Avenue Street Rehabilitation Project, Covina Completed: 03/2024 General Contractor Contact. Gentry Bros., Nickola Smith (626) 357-9631 Amount $100,339.82 5312 Cypress St Cypress Ca Tel. 714.995.9100 Fax 714.995.9400 If D 9T990 Pavement Markings Review of Scope Services: Superior Pavement Markings Inc. fully understands they city's needs and expectations. As you will see in the references section Superior has extensive experience in providing striping maintenance to cities. Wher work is assigned to us we would meet with a city representative to go over the work needed. Once we start Superior will continue working consecutive days until all work is completed to the satisfaction on the city. With Superior's contracting yard being close to the city of Rosemead we would be able to properly respond should emergency striping be needed. Superior has experienced office and field personnel to meet the city's needs. Superior has a large expanding fleet of equipment to complete all work. As with all of our projects, constant communication with the City's representative is crucial in determining and prioritizing areas and roadways that are most urgent need of attention. As areas are identified and completed, the City's representative will be notified upon completion and advised to inspect the work performed to ensure (as we go along) that the work was performed to the City's satisfaction. It is our intention to identify any small problems early on and rectify immediately. It will be the responsibility of the City's representative to provide us weekly or monthly updated list's, maps, locations the City has identified as roadways in need of maintenance. In order to maximize production and to most cost effective, it is with the City's best interest to ensure a significant amount of work be provided with each area request so that we can maximize full use of our specialized equipment and personnel and limit the amount of mobilizations, thereby reducing the impact on traffic. Superior Pavement Markings, Inc. also likes to keep our customers updated with the latest technology and material improvements in order to ensure our customers are aware of all available options. Superior Pavement Markings has over forty work trucks that complete various phases of traffic striping, including but not limited to, five longline paint trucks for restripe and maintenance, six paint marking stencil trucks for repaint of markings and two water blasters that could be used for all the city's removal needs, it is much cleaner than sandblasting and causes less damage than grinding. We will provide Daily Work Orders that will describe the materials, equipment and personnel used each day as well as the work description and quantities performed. Darren Veltz, Chief Financial Officer 5312 Cypress St Cypress Ca Tel, 714.995.9100 Fax 714.995.9400 P79E P Pavement Markings "STAFFING AND QUALIFICATIONS" We currently provide roadway striping and maintenance services for 27 different cities including Irvine, Covina, West Covina, Montebello, Ontario, Downey, Murrieta, La Quinta, Jurupa Valley, Lancaster, Banning, Palm Desert, Palm Springs, Beverly Hills, Stanton, San Fernando, Westminster, Duarte, San Dimas, La Verne, Santa Monica, Chino Hills, Claremont, Los Alamitos, Baldwin Park, Placentia as well as the City of Costa Mesa. Its management has a combined 140 Years of construction and striping experience and employs an office staff of 26 and 42 field employees. Superior owns 47 trucks specially outfitted for street and highway striping. The City's main points of contact for this project would be as follows. Darren Veltz, Chief Financial/Estimator - (714) 471-1071 Darren@superiorpavementmarkings.com James Camacho, Superintendent - (909) 908-6091 James@superiorpavementmarkings.com Taylor Heeney, Payroll/Accounts Receivable/Billing - (714) 995-9100 Ext. 104 taylor@superiorpavementmarkings.com Superior Pavement Markings Locations: Cypress Corporate Office 5312 Cypress Street Cypress, Ca. 90630 Beaumont Yard 650 E. 1 st Street Beaumont, Ca. 92223 5312 Cypress St Cypress Ca Tel. 714.995.9100 Fax 714.995.9400 Hourly Rates All work to be done on Time and Material per the attached sheet 5312 Cypress St Cypress Ca Tel. 714.995.9100 Fax 714.995.9400 SUPERIOR PAVEMENT MARKINGS 5312 Cypress Street CYPRESS, CA 90630 (714) 995-9100 (FAX) 995-9400 ATTN: PHONE: PROJECT: ITEM# DESCRIPTION CONTRACT PRICE CONTRACT QUANTITY QTY. PREV. REPORTED OTY. THIS ESTIMATE AMT. THIS ESTIMATE TOTAL QTY. TO DATE TOTAL AMT. TO DATE 1 LABOR (SUN. NIGHT THROUGH FRI. DAY) $109.33 0 0 $ - 0 $ - 2 LABOR (FRI. NIGHT THROUGH SAT. DAY) $119.60 0 0 $ - 0 $ - 3 LABOR (SAT. NIGHT THROUGH SUN. DAY) $151.40 0 0 $ - 0 $ - 4 PAINT STRIPING TRUCK $51.47 0 0 $ - 0 $ - 5 PAINTMARKING TRUCK $30.76 0 0 It - 0 $ - 6 THERMOPLASTIC STRIPING TRUCK $176.95 0 0 $ - 0 S - 7 THERMOPLASTIC MARKING TRUCK $55.47 0 0 $ 0 $ - 8 RAISED PAVEMENT MARKER TRUCK $10.26 0 0 $ - 0 $ - 9 SIGN TRUCK $46.26 0 0 $ 0 $ 10 SWEEPER (4 HOUR MINIMUM) $71.75 0 0 $ - 0 $ - 11 UTILITY TRUCK $35.00 0 0 $ - 0 $ - 12 PAINT (Price Includes Glass Beads) $19.31 0 0 $ - 0 $ 13 THERMOPLASTIC (PRICE INCLUDES BEADS) $1.07 0 0 S 0 $ - 14 REFLECTIVE PA VEMENT MARKER $1.41 0 0 $ 0 $ 15 NON -REFLECTIVE PAVEMENT MARKER $0.98 0 0 $ - 0 $ - 16 WATERBLASTER $125.15 0 0 S - 0 $ - 17 BOBCAT, DUMP TRUCK, 0 SCHIBECI GRINDER $125.15 0 0 $ - 0 $ - $ 0 $ $ 0 $ $ 0 $ $ 0 $ $ 0 $ NOTE CONTRACTOR WILL BE BILLED FOR ALL TIME $ - 0 $ - INCLUDING LOAD TIME AND TRAVEL S - 0 $ It 0 $ $ 0 $ Is 0 $ JOB NUMBER WDRK FROM: INVOICE NUMBER DATE. TOTAL LESS RETENTION LESS PREVIOUS BILLED AMOUNTDUE City of Rosemead 8838 Valley Boulevard Rosemead, Ca. 91770 Subject: RFP To Provide Striping Maintenance Services In The City of Rosemead, California (FY 24-25 to FY 26-27), RFP No. 2024-18 We are pleased to offer our company's cost proposal for the Striping Maintenance Services In The City of Rosemead, California (FY 24-25 to FY 26-27), RFP No. 2024-18 for the City of Rosemead which bids on Wednesday September 25, 2024 at 10:30 am. Darren Veltz, Chief Financial Officer 5312 Cypress St Cypress Ca Tel. 714.995.9100 Fax 714.995.9400 r` Superior Pavement Markings, Inc. telephone number, title, and signature of the firm's contact person for this proposal. 2. Statement of Qualifications - Provide qualifications of prime consulting firm and sub -consultants. 3. References: Provide three (3) Public Agency references for similar projects. 4. Approach and Scope of Work: Provide your understanding of the project and describe your company's project approach. Provide a detailed scope of work that your company will utilize in providing requested services in an efficient and cost-effective manner. In your approach, describe methods that you will use for quality control, schedule control, and document control. 5. Project Team, Key Personnel: Provide an organization chart showing the names and responsibilities of key personnel and subconsultants. 6. Hourly rates- please provide an hourly rate schedule for all work to be done within the Scope of Services and for any additional work asked to be performed by the Director of Public Works. 7. Fees- Provide a unit cost price by filling out the following tables for each item description: Notes: 1. Blank white cells in the "UNIT COST" columns are to be filled out by the Contractor. 2. For standard "Detail" striping, all Unit Costs shall include the labor and materials for reflective markers, when appropriate. Bid Item 1.01 Item Description Curb Painting (Red; Blue; Green; Yellow, etc.) Unit LF Unit Cost $ 24.80 1.02 Pavement Marking SF $ 4.88 1.03 12" Wide Stripe LF $4.88 1.04 8" Wide Stripe LF $ 3.70 1.05 6" Wide Stripe LF $2.90 1.06 4" Wide Stripe LF 51.88 1.07 Detail 2 - Yellow Centerline LF $1.26 1.08 Detail 9 -Lane Line LF $1.26 1.09 Detail 21 - No Passing Zones LF $ 3.05 1.10 Detail 22 -No Passing Zones LF $ 3.05 1.11 Detail 23 - No Passing Zones Markers LF $ 3.05 $54.71 Page 8 n Bid Item FItemscription Unit Unit Cost 1.12 Detail 24 - Left Edge Line LF $1.88 1.13 Detail 25 - Left Edge Line LF $1.88 1.14 -fl _5 Detail 25A - Left Edge Line LF $1.88 Detail 27B - Right Edge Line LF $1.88 1.16 Detail 27C - Right Edge Line Extension LF $1.88 1.17 _T1 _8 Detail 28 - Median Islands LF $ 5.89 Detail 29 - Median Islands LF $ 5.89 1.19 Detail 32 - Two-way Left -Turn Lane LF $ 3.78 1.20 Detail 36 - Exit Ramp Neutral Area LF $ 6.30 1.21 Detail 36B - Entrance Ramp Neutral Area LF $ 6.30 1.22 Detail 37B - Lane Drop Markings LF $ 4.15 1.23 Detail 38 - Channelization Line LF $4.15 1.24 Detail 39 - Bike Lane (Non -Skid) LF $ 2.90 1.25 Detail 39A - Bike Lane Intersection Line (Non - Skid LF $ 2.90 1.26 Detail 40 - Lane Line Extension LF $ 3.05 1.27 Detail 41 - Centerline Extension LF $ 3.05 2 Painting of Striping and Markings 2.01 Curb Painting (Red, Biue; Green, Yellow, etc. LF $ 3.48 2.02 Parking Ts or L's EA $15.74 2.03 Bike Lane Markings & Arrows (Non -Skid) SF $ 7.40 2.04 Pavement Marking SF $ 6.05 2.05 12" Wide Stripe LF $ 3.60 2.06 8" Wide Stripe LF $ 2.40 2.07 6" Wide Stripe LF $2.10 2.08 4" Wide Stripe LF $ 1.90 $100.43 Page 9 E Bid Item Item Description Unit Unit Cost 2.09 Detail 2 - Yellow Centerline LF $ 0.44 2.10 Detail 9 - Lane Line LF $ 0.44 2.11 Detail 21 - No Passing Zones LF $ 0.90 2.12 Detail 22 - No Passing Zones LF $1.52 2.13 Detail 24 - Left Edge Line LF $0.85 2.14 Detail 25 - Left Edge Line LF $ 1.10 2.15 Detail 25A - Left Edge Line LF $ 1.10 2.16 Detail 27B - Right Edge Line LF $ 0.85 2.17 Detail 27C - Right Edge Line Extension LF $ 0.85 2.18 Detail 28 - Median Islands LF $ 1.82 2.19 Detail 29 - Median Islands LF $ 2.89 2.20 Detail 32 - Two-way Left -Tum Lane LF $ 2.70 2.21 Detail 36 - Exit Ramp Neutral Area LF $ 4.70 2.22 Detail 36B - Entrance Ramp Neutral Area LF $ 4.70 2.23 Detail 37B - Lane Drop Markings LF $ 1.60 2.24 Detail 38 - Channelization Line LF $ 1.60 2.25 Detail 39 - Bike Lane (Non -Skid) LF $1.12 2.26 Detail 39A - Bike Lane Intersection Line (Non - Skid LF $ 1.12 2.27 Detail 40 - Lane Line Extension LF $ 4.88 2.28 Detail 41 - Centerline Extension LF $ 4.88 Installation of Thermoplastic Striping ` nd Markings 3.01 Install Blue Marker for Fire Hydrants EA $ 25.00 3.02 Parking T's or L's EA $ 38.00 3.03 Bike Lane Markings & Arrows (Non -Skid) SF $ 15.86 3.04 Pavement Marking SF $11.81 $130.73 Page 10 Bid Item Item Description Unit Unit Cost 3.05 12" Wide Stripe LF $ 3.85 3.06 8" Wide Stripe LF $ 2.87 3.07 6" Wide Stripe LF $ 2.56 3.08 4" Wide Stripe LF $ 1.87 3.09 Detail 2 - Yellow Centerline LF $ 0.74 3.10 Detail 9 - Lane Line LF $ 0.74 3.11 Detail 21 - No Passing Zones LF $1.84 3.12 Detail 22 - No Passing Zones LF $ 2.40 3.13 Detail 24 - Left Edge Line LF $ 1.41 3.14 Detail 25 - Left Edge Line LF $ 1.87 3.15 Detail 25A - Left Edge Line LF $1.87 3.16 Detail 27B - Right Edge Line LF $ 1.41 3.17 Detail 27C - Right Edge Line Extension LF $1.87 3.18 Detail 28 - Median Islands LF $ 3.64 3.19 Detail 29 - Median Islands LF $ 3.97 3.20 Detail 32 - Two-way Left -Turn Lane LF $ 3.74 3.21 Detail 36 - Exit Ramp Neutral Area LF $ 5.78 3.22 Detail 36B - Entrance Ramp Neutral Area LF $ 5.78 3.23 Detail 37B - Lane Drop Markings LF $ 2.44 3.24 Detail 38 - Channelization Line LF $ 2.44 3.25 Detail 39 - Bike Lane (Non -Skid) LF $1.56 3.26 Detail 39A - Bike Lane Intersection Line (Non - Skid LF $ 1.56 3.27 Detail 40 - Lane Line Extension LF $ 5.57 3.28 Detail 41 - Centerline Extension LF $ 5.57 $67.35 Page 11 Superior Pavement Markings, Inc. Page 14 of 19 50 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is Superior Pavement Markings, Inc. Page 15 of 19 determined, not requiring actual payment by the insured first. There shall be no cross - liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend the Named Insured. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 (or otherwise consistent with the insurer's endorsement). Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. Superior Pavement Markings, Inc. Page 16 of 19 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. A ten (10) day notice to City shall apply to nonpayment of premiums. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor' (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage (except Professional Liability and Workers' Compensation) required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City. (Ri Superior Pavement Markings, Inc. Page 17 of 19 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this M Superior Pavement Markings, Inc. Page 18 of 19 obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. M n' Superior Pavement Markings, Inc. Page 19 of 19 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. A W ,a` Ze CERTIFICATE OF LIABILITY INSURANCE DA�/I0242024,1 9/1818 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(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 Acrisure Southwest Partners Insurance Services, LLC 18952 MacArthur Blvd., Suite #300949-486-7904INC.Ne: Irvine, CA 92612 www.patrisk.com OK07568 NAME Annette Romero PHONE FAX R ADDRESS: aromeroapatrisk.mm ADD INSURERS AFFORDING COVERAGE NAICS INSURERA: Executive Risk Indemnity Inc. A++ XV 35181 INSURED Superior Pavement Markings, Inc. 5312 Cypress St. Cypress CA 90630 INSURER B: Federal Insurance Company A++ XV 20281 INSURERC: Westchester Surplus Lines Insurance Co A++ XV 10172 INSURER D: INSURER E INSURER F NUMBER! Rt O5g111 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. INSRTYPE LTR OF INSURANCE A LSUBR POLICY NUMBER MWDCY DNYY MMR1D E%P LIMBS A �/ COMMERCIAL GENERAL LIABILITY CLAIMSMADE ❑✓ OCCUR �/ �/ 54326762 9/18/2024 6/1/2025 EACH OCCURRENCE $1000000 -DAMAGM RENTED PREMISES Me oaurrence 3300000 MED EXP (Any one person) 45,000 PERSONAL& ADV INJURY $1000000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2000000 POLICY FiljET 1:1 LOG S OTHER: B AUTOMOBILELIASILRY / 54326761 9/18/2024 6/1/202$ tSINGLE LIMIT $1000000 Fa aBINED c (Ea BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Par accidtM) $ OWNED SCHEDULED AUTOS ONLYAUTOS HIRED NON -OWNED AUTOS ONLY qAUTOS ONLY PROPERTYDAMAGE $ Per acdd $ B UMBRELLALIAB ,/ OCCUR 56717371 9/16/2024 6/1/2025 EACH OCCURRENCE s$000000 AGGREGATE s5000000 EXCESS LIAS CLAIMS -MADE DED RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS'LWBILITY YIN A NYPROPRIIFTORIPARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDEDT Y (Mandatory In NH) NIA ,/ 54326701 6/1/2024 6/1/2025 4/ STATUTE ERH E.L. EACH ACCIDENT $1000000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1000000 IT yes, des lbs under DESCRIPTION OF OPERATIONS below C Contractors Pollution Liability G74464518002 9/13/2024 6/1/2025 Ea Occ: $2,000,000 Aggregate: $4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addidonal Ramada Schedule, may 1,e attached lemon apace is required) RE: All California Operations as required by written Contract. City Of Rosemead is named as an additional insured with respect to liability as required by written contract. Coverage is primary and non-contributory Waiver of subrogation applies. See attached endorsements. •30 -Day notice of cancellation / 10 -days for non-payment of premium. City Of Rosemead 8838 Valley Blvd Rosemead CA 91770 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE / t, Dave Jacobson U M 1999.2015 ACORD CORPORAL The ACORD name and logo are registered marks of ACORD 81953111 124/25 GL/eA/MWC/POLL I A ette Romero 1 9/16/2024 9:09:06 AN (PDT) I Page 1 of 27 This certificate cancels and supersede. ALL previously issued certificates. M C. 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 V 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall applicable limits of insurance. not increase the Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 81953111 24/25 GL/BA/UMB/NC/POLL Aenette Romero 19/18/2024 8:07:06 AM (PDP) I Page 3 of 27 This certificate cancels and supersedes ALL previously issued certificates. III Su erior Pavement Markings, Inc. PgLICY NUMBER: 54326762 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): ALL OF YOUR DESIGNATED CONSTRUCTION PROJECTS WHERE REQUIRED BY CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; I Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. © Insurance Services Office, Inc., 2008 01953111 24/25 GL/BA/nWC/POLL I A ette Romero 1 9/10/2024 0:07:06 AM (PBT) I Page 5 of 27 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 2 O Superior Pavement Markings, Inc. 54326762 U `J COMMERCIAL GENERAL LIABILITY Form 10-02-1800 (Rev. 09-17) COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declara- tions, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay damages that the insured be- comes legally obligated to pay for "bodily inju- ry" or "property damage" to which this insur- ance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seek- ing damages for "bodily injury" or "property damage" to which this insurance does not ap- ply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Payments — Coverages A and B. (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section 11 — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "oc- currence" or claim, knew that the "bodily in- jury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any con- tinuation, change or resumption of such "bodily injury" or "property damage" will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed un- der Paragraph 1. of Section II — Who Is An In- sured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other in- surer; (2) Receives a written or verbal demand or claim for damages for the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has oc- curred or has begun to occur. d. Damages for "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" arising out of an act that: (1) Is expected or intended from the standpoint of the insured; or b. This insurance applies to "bodily injury" and (2) Would be expected or intended from the "property damage" only if: standpoint of a reasonable person in the (1) The "bodily injury" or "property damage" is circumstances of the insured; caused by an "occurrence" that takes place in the "coverage territory"; Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with Page 1 of 16 17) its permission 81953111 14/25 GL/BA/O!®/WC/POLL i Annette Romero i 9/19/2024 8:07:06 As (PUT) i Page 7 of 27 This Cert cancels and supersedes ALL previously issued certificates. ral W (c) Which are or were at any time trans- (e) At or from any premises, site or location ported, handled, stored, treated, dis- on which any insured or any contractors posed of, or processed as waste by or or subcontractors working directly or in - for: directly on any insured's behalf are per - Any insured; or forming operations if the operations are to test for, monitor, clean up, remove, (ii) Any person or organization for whom contain, treat, detoxify or neutralize, or you may be legally responsible; or in any way respond to, or assess the ef- (d) At or from any premises, site or location fects of, "pollutants". on which any insured or any contractors (2) Any loss, cost or expense arising out of or subcontractors working directly or in- any: directly on any insured's behalf are per- "pollutants" (a) Request, demand, order or statutory or forming operations if the are regulatory requirement that any insured brought on or to the premises, site or lo- or others test for, monitor, clean up, re - cation in connection with such opera- move, contain, treat, detoxify or neutral - tions by such insured, contractor or ize, or in any way respond to, or assess subcontractor. However, this subpara- the effects of, "pollutants'; or graph does not apply to: (i) "Bodily injury" or "property damage" (b) Claim or "suit" by or on behalf of a gov- arising out of the escape of fuels, emmental authority for damages be - cause of testing for, monitoring, clean - lubricants or other operating fluids which are needed to perform the ing up, removing, containing, treating, normal electrical, hydraulic or me- detoxifying or neutralizing, or in any way chanical functions necessary for the responding to, or assessing the effects operation of "mobile equipment" or of, "pollutants". its parts, if such fuels, lubricants or However, this paragraph does not apply to other operating fluids escape from a liability for damages for "property damage" vehicle part designed to hold, store that the insured would have in the absence or receive them. This exception does of such request, demand, order or statutory not apply if the "bodily injury" or or regulatory requirement, or such claim or "property damage" arises out of the "suit" by or on behalf of a governmental au - intentional discharge, dispersal or re- thority. lease of the fuels, lubricants or other g, Aircraft, Auto Or Watercraft operating fluids, or if such fuels, lub ricants or other operating fluids are "Bodily injury" or "property damage" arising out brought on or to the premises, site or of the ownership, maintenance, use or en - location with the intent that they be trustment to others of any aircraft, "auto" or wa- discharged, dispersed or released as tercraft owned or operated by or rented or part of the operations being per- loaned to any insured. Use includes operation formed by such insured, contractor and "loading or unloading". or subcontractor; This exclusion applies even if the claims (ii) "Bodily injury" or "property damage" against any insured allege negligence or other sustained within a building and wrongdoing in the supervision, hiring, employ - caused by the release of gases, ment, training or monitoring of others by that fumes or vapors from materials insured, if the "occurrence" which caused the brought into that building in connec- "bodily injury" or "property damage" involved tion with operations being performed the ownership, maintenance, use or entrust - by you or on your behalf by a con- ment to others of any aircraft, "auto" or water - tractor or subcontractor; or craft that is owned or operated by or rented or loaned to any insured. m "Bodilyinjury" or " ro "property damage" () , p y g arising out of heat, smoke or fumes This exclusion does nota I to: apply from a "hostile fire". (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with Page 3 of 16 17) its permission 81953111 1 29/25 GL/3A/UM9/NC/P0LL Annette Romero 1 9/18/2026 B:00:06 AM (POT) I Page 9 of 27 This certificate cancels and supersedes ALL previously issued certificates. v if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. n. Personal And Advertising Injury "Bodily injury" arising out of "advertising injury' or "personal injury". o. Access To Or Disclosure Of Confidential Or Personal Information And Data -Related Liability Damages arising out of: (1)Any access to or disclosure of any person's or organization's confidential or personal in- formation, including patents, trade secrets, processing methods, customer lists, finan- cial information, credit card information, health information or any other type of non- public information; or (2)The loss of, loss of use of, damage to, cor- ruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages be- cause of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data pro- cessing devices or any other media which are used with electronically controlled equipment. Exclusions c. through m. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. V COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay damages that the insured be- comes legally obligated to pay for "advertising injury' or "personal injury" to which this insur- ance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seek- ing damages for "advertising injury" or "per- sonal injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "advertising injury" or "personal injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Advertising injury" or "personal injury' arising out of an offense committed by or on behalf of the insured, that: (1) Is intended by such insured; or (2) Would be expected from the standpoint of a reasonable person in the circumstances of such insured; to cause injury. b. Publications With Knowledge Of Falsity "Advertising injury" or "personal injury' arising out of any electronic, oral, written or other pub- lication of content or material by or with the consent of the insured: (1) With knowledge of its falsity; or (2) If a reasonable person in the circumstances of such insured would have known such content or material to be false. Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with 17) its permission 81953111 1 24e25 GL/HA/p4@/WC/P0LL I Annette Romero 1 9/18/2024 8:07:06 AM (POT) 1 Page 11 of 27 This certificate cancels and supersedes ALL previously issued certificates. Page 5 of 16 W This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "cover- age territory" and during the policy peri- od; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examina- tion, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap- plicable limit of insurance. We will pay reason- able expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devic- es; and (3) Necessary ambulance, hospital, profes- sional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occu- pies. f d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed opera- tions hazard". g. Coverage A Exclusions Excluded under Coverage A. COVERAGE FORM EXCLUSIONS The following exclusions apply to all Coverages in this Coverage Form and all endorsements attached to it. 1. Asbestos, Silica Or Similar Compounds, Including Mixed Dust a. This insurance does not apply to any damages, loss, cost or expense arising out of the actual, alleged or threatened contaminative, pathogen- ic, toxic or other hazardous properties of: (1) "Asbestos"; (2) "Silica"; or (3) "Mixed dust". b. This insurance does not apply to any damages, loss, cost or expense arising, in whole or in part, out of any: (1) Demand, order, request or regulatory or statutory requirement that any insured or others test for, monitor, clean. up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess; or (2) Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or as- sessing; the effects of "asbestos", "silica" or "mixed dust". 2. Employment -Related Practices This insurance does not apply to any damages, loss, cost or expense sustained at any time by: a. Any person, whether or not sustained in the course of employment by any insured, arising out of any employment-related act, omission, policy, practice or representation directed at Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with Page 7 of 16 17) its permission 9195311124/25 CL/9A/OMB/NC/POLI. I Annette Romero 19/19/2024 9:0]:06 AM (PDT) I Page 13 of 27 This certificate cancels and supersedes ALL previously issued certificates. by any person or organization (including any insured) of any "intellectual property law or right". Further, this insurance does not apply to the entirety of all allegations in any claim or "suit", if such claim or "suit" includes an allegation of or a reference to an infringement or violation of any "intellectual property law or right", even if this insurance would otherwise apply to any part of the allegations in the claim or "suit". This exclusion applies unless the only infringement or violation of an "intellectual property law or right" is an offense described in the definition of "advertising injury" to which this insurance applies. 7. Lead a. This insurance does not apply to any damages, loss, cost or expense arising out of the actual, alleged or threatened contaminative, pathogenic, toxic or other hazardous properties of "lead". b. This insurance does not apply to any damages, loss, cost or expense arising, in whole or in part, out of any: (1) Demand, order, request or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess; or (2) Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or as- sessing; the effects of "lead". 8. War This insurance does not apply to any damages, loss, cost or expense, however caused, arising, di- rectly or indirectly, out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including ac- tion in hindering or defending against an actual or expected attack, by any government, sover- eign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental author- ity in hindering or defending against any of these. SUPPLEMENTARY PAYMENTS —COVERAGES A AND B We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: U 1. All expenses we incur. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of in- surance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or de- fense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. 5. All court costs taxed against the insured in the "suit". However, these payments do not include at- tomeys' fees or attorneys' expenses taxed against the insured. 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are in- sureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only. with re- spect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their du- ties as trustees. Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with 17) its permission 91953 111 24/25 GL/HA/DMB/WC/POLL I Annette Romero 9/18/2024 8:07:06 AM (PDT) I Page 15 0£ 27 This cez iflcate cancels and supersedes ALL previously issued certificates. Page 9 of 16 n 4. The Personal and Advertising Injury Aggregate Limit is the most we will pay for the sum of dam- ages under Coverage B. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C for all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages for "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with per- mission of the owner. 7. Subject to Paragraph 5. above, the Medical Ex- pense Limit is the most we will pay under Cover- age C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent pos- sible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and r) (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured for injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverag- es A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Para- graph b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insur- ance by the method described in Paragraph c. below. Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with 17) its permission 81953111 1 29/25 GL/BA/UMB/NC/POLL I Annette Romero 19/18/2026 8:0]:06 AM (PDT) I Page 17 of 27 This certificate cancels and supersedes ALL previously issued certificates. Page 11 of 16 U To the extent that the insured's rights to recover all or part of any payment made under this Cover- age Part have not been waived, those rights are transferred to us. The insured must do nothing af- ter loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Coverage C 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. "Advertisement" does not include any e-mail ad- dress, Internet domain name or other electronic address or metalanguage. 2. "Advertising injury' means injury, other than "bodi- ly injury", "property damage" or "personal injury', sustained by a person or organization and caused by an offense of infringing, in that particular part of your "advertisement" about your goods, products or services, upon their: a. Copyrighted "advertisement"; or b. Registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. b. Sickness; or c. Disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to oc- cur at the time of the physical injury, sickness or disease that caused it. 6. "Coverage territory" means: B. 3. "Asbestos" means asbestos in any form, including its presence or use in any alloy, by-product, com- pound or other material or waste. Waste includes materials to be recycled, reconditioned or re- 9. claimed. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer de- signed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. However, "auto" does not include "mobile equip- ment". 5."Bodily injury" means physical: a. Injury; a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or dam- age arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Advertising injury' or "personal injury" offenses that take place through the Inter- net or similar electronic means of commu- nication provided the insured's responsibility to pay dam- ages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. "Employee" includes a "leased worker". "Employ- ee" does not include a "temporary worker". "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. "Fungi" means any type or form of fungus, includ- ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. 10."Hostile fire" means one which becomes uncontrol- lable or breaks out from where it was intended to be. 11."Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, defi- cient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with 17) its permission 81953111 1 24/25 GL/8A/OMB/WC/P0LL I Annette Romero 1 9/18/3034 6:00:06 Ad (PDT) I Page 19 of 27 This certificate cancels and supersedes ALL previously issued certificates. Page 13 of 16 n d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the follow- ing types: (1) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; C Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or car- go. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehi- cle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 19."Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 20."Personal and advertising injury" means: a. "Advertising injury; or b. Personal injury'. n 21. "Personal injury' means injury, other than "bodily injury", "property damage" or "advertising injury", caused by an offense of: a. False arrest, false detention or other false im- prisonment; b. Malicious prosecution; c. Wrongful entry into, wrongful eviction of a person from or other violation of a person's right of private occupancy of a dwelling, prem- ises or room that such person occupies, if committed by or on behalf of its landlord, les- sor or owner; or d. Electronic, oral, written or other publication of material that: (1) Libels or slanders a person or organiza- tion (which does not include disparage- ment of goods, products, property or ser- vices); or (2) Violates a person's right of privacy. 22."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 23."Products-completed operations hazard" a. Includes all "bodily injury" and "property dam- age" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical pos- session; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the fol- lowing times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your con- tract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with 17) its permission 91953111 t @03 29/25 GL/BA//NC/POLL Annette Romero 9/10/2024 9:07:06 AM (PDT) Page 21 "f 29 This cerificate cancels and supersedes ALL previously issued certificates. Page 15 of 16 54326761 Superior Pavement Markings, Inc. COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form. 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b. — CANCELLATION - of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an insured" under any other automobile policy or would be an 'insured' under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy; or (c)180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to 'bodily injury or "property damage" that results from an 'accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. — WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. — WHO IS AN INSURED — of SECTION 11— LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered 'auto' while the "auto" is leased to you under a written agreement tP. (1) The agreement requires you to provide direct primary insurance for the lessor, and (2) The "auto" is leased without a driver. Such leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor is an 'insured" only for "bodily injury or "property damage' resulting from the acts or omissions by: 1. You; 2. Any of your'employees" or agents; or 3. Any person, except the lessor or any "employee' or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above. D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 —WHO IS AN INSURED —of SECTION II — LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered'auto', provided that you and such person or organization have agreed under an express provision in a written "Insured contract, written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However, such person or organization is an "insured" only: Form: 16-02-0292 (Rev. 11-16) Page 1 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" 01353111 124/25 GL/BA/GMB/NC/POLL Num[te Romero 9/18/2024 0:07:06 AM (POT) Page 23 of 37 This certificate cancels and supersedes ALL previously issued certificates. n Under Paragraph D. - DEDUCTIBLE — of SECTION III — PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D: DEDUCTIBLE — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident, the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived: or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident, claim, "suit" or 'loss', you must promptly notify us when the 'accident is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, If you are an organization other than a partnership or limited liability company. Knowledge of an "accldeM", claim, "suit" or "loss" by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the "accident" or 'loss' occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the folk>wing: 5. We will waive the right of recovery we would otherwise have against another person or organization for "loss" to which this insurance applies, provided the 'insured" has waived WE their rights of recovery against such person or organization under a contract or agreement that is entered into before such "loss". To the extent that the'insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident or "loss" to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. — CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV — BUSINESS AUTO CONDITIONS - is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 15. AUTOS RENTED BY EMPLOYEES Paragraph B.5. - OTHER INSURANCE of SECTION IV — BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. If an "employee's' personal insurance also applies on an excess basis to a covered'auto' hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 16. HIRED AUTO — COVERAGE TERRITORY Paragraph B.7.b.(5). - POLICY PERIOD, COVERAGE TERRITORY of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (5) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of - SECTION V — DEFINITIONS is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the 'bodily injury' sustained by that person. Form: 16-02-0292 (Rev. 11-16) Page 3 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission' 81953111 24125 GL/BA/UM�B/WC/POLL Annette Romero AM 9/18/2036 8:00:06 (PDT) Page 25 of 27 This cert ificate cancels and supersedes ALL previously issued certificates. i Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number Superior Pavement Makings, Inc. Policy Number Symbol: Number. 54326701 Policy Period Effective Date of Endorsement 06/01/2024 06/01/2025 06/01/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Co A++ XV Insert the policy number. The remainder of the information is to be mmplated onl when he endorsement is issued-s-ubsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL OPERATIONS 3. Premium: The premium charge for this endorsement shall be 1.0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: $0 Authorized Representative WC 90 03 75 (05/18) 01953111 29/25 GL/BA/GMB/WVPOLL I A ette Romero 1 9/18/3024 6:07:06 AM (PDT) I Page 17 of 29 This cer ificate cancels and supersedes ALL previously issued certificates.