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HomeMy WebLinkAboutSCP Distributors LLC dba Lincoln Aquatics; 2020-04-20; PKRC20-0323Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT REPLACE DRAIN COVERS AT ALGA NORTE AQUATIC CENTER: CONTRACT PKRC20-0323 This letter will serve as an agreement between SCP Distributors LLC dba Lincoln Aquatics, a limited liability company (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to remove and replace existing main drain covers for the Alga Norte competition pool, per the Contractor's proposal dated March 9, 2020 and City specifications, for a sum not to exceed four thousand three hundred seventy-nine dollars and twenty-six cents dollars ($4,379.26). This work is to be completed within thirty working days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers, officials, employees and volunteers, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers' Liability in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Insurance is to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4, California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be su~ect to civil penalties for the filing of false claims as set forth in the California False Claims Act, 9overn1-9ent Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, ~i~ ___ init 6. The Contractor hereby acknowledges that debarment by another jurisdiction · ounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding ,7 init ___ init 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. REPLACE DRAIN COVERS AT ALGA NORTE AQUATIC CENTER; CONTRACT PKRC20-0323 --1 --City Attorney Approved 2/29/2016 Tracking#: 8. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. City Contact: Chris Gray, 760-268-4783 Contractor Contact: Mark Basnight, 619-438-9761 CONTRACTOR Lincoln Aquatics 109 Northpark Blvd Covington, LA 70433 Phone: 619-438-4783 Email: Mark.basnight@poolcorp.com ~ ~ ~~~-·~-. _/'(sign here) t_---· Charles R Luecker, Director of Commercial (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Dated: L/-I').._() I UJW (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~ f-. ~ ~y City Attorney Ash~ REPLACE DRAIN COVERS AT ALGA NORTE AQUA TIC CENTER; CONTRACT PKRC20-0323 --2 --City Attorney Approved 2/29/2016 EXHIBIT A SCOPE OF WORK Tracking#: Lincoln Aquatics will remove and replace existing main drain covers for the Alga Norte competition pool. Work includes: • Use S.C.U.B.A to access main drain covers • Remove main drain covers • Inspect existing cover frames • Install two (2) sets of three (3) new VGB approved drain covers with new hardware Agreement shall not exceed $4,379.26. REPLACE DRAIN COVERS AT ALGA NORTE AQUATIC CENTER; CONTRACT PKRC20-0323 --3 --City Attorney Approved 2/29/2016 ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 4/7/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~f:I~CT Michael Tubbs Arthur J. Gallagher Risk Management Services, Inc. P.~~N•~-c.n. 504-888-1100 I FAX 111 Veterans Boulevard, Suite 1130 IA/C Nol: 504-888-1299 Metairie LA 70005 ~~D~~ss: Michael Tubbs@.aia.com INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A: Sentrv Insurance a Mutual Comoanv 24988 INSURED POOLCOR-03 INSURER B: Naviaators Soecialtv Insurance Comoanv 36056 SCP Distributors LLC dba Lincoln Aquatics INSURER c : Underwriters at Llovd's London 15792 109 North park Blvd Covington, LA 70433 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 728331664 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE 1,ucn lw"n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS B X COMMERCIAL GENERAL LIABILITY y y CH19NP30BGWYRIC 6/1/2019 6/1/2020 EACH OCCURRENCE $1,000,000 -D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED -PREMISES /Ea occurrence\ $1,000,000 MED EXP (Any one person) $25,000 - PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ □PRO-□LDC PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY y y 901481503 6/1/2019 6/1/2020 COMBINED SINGLE LIMIT $2,000,000 /Ea accident\ X ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY -AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY ( Per accident) --$ C X UMBRELLA LIAB MOCCUR y y ENVX000007719 6/1/2019 6/1/2020 EACH OCCURRENCE $10,000,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 / OED I I RETENTION $ $ A WORKERS COMPENSATION y 901481501 6/1/2019 6/1/2020 X I ~-\%uTE I I OTH-ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE· □ N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is listed as Additional Insured and provided Waiver of Subrogation on the General Liability Policy Form# (NAV NP3 07/16) Certificate Holder is listed as Additional Insured on the Auto Policy Form# (CA 00 02 01 87) Waiver of Subrogation Form#( CA 80 11 07 07) is in favor of the certificate holder on the Auto Liability and Form# (WC 00 03 13 04 84) on the Workers Compensation as required by written contract, pursuant to and subject to the policies terms, definitions, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. Parks & Recreation Department Attn: Chad Kantner AUTHORIZED REPRESENTATIVE 799 Pine Avenue, Suite 200 r,~ Carlsbad CA 92008 I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 14. Reckless Disregard your reckless disregard for the security of personally Identifying Information or personally sensitive Information In your care, custody or c~ntrol. SECTION II. WHO IS AN INSURED ✓ In addition to the named lnsured(s) listed In Item 1. of the Declaratlons, or any named lnsured(s) added to this policy by endorsement, where applicable and to the extent outlined herein, the following person(s), entlty(les), or organlzatlon(s) are an Insured under this policy: 1. If you are designated In the Declarations as: a. an lndlvldual, you and your spouse are Insureds, 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 Insured. Your members, your partners, and their spouses are also Insureds, but only with respect to the conduct of your business. c. a llmlted 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 llmlted liability company, you are an Insured. Your executive officers and directors are Insureds, but only with respect to their duties as your officers or directors. Your stockholders are also.Insureds, but only with respect to their llablllty as stockholders; or e. a trust, you are an Insured. Your trustees are also Insureds, but only with respect to their duties as trustees. Any reference throughout this policy to a spouse(s) Includes a person(s) who ls/are a party to a civil union as defined by any applicable state or federal law. 2. Each of the following Is also_ an Insured: a. Your volunteer workers but only whlle performing duties related to the conduct of your business, or your employees, other lhan either your executive officers (If you are an organization other than a partnership, Joint venture or llmlted llablllty company) or your managers (It you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are Insureds for: (1) bodlly Injury or personal and advertising Injury: (a) to you, to your partners or members (If you are a partnership or joint venture), lo your members (If you are a llmlted llablllty company); (b) for which there Is any obligation to share damages with or repay someone else who must pay damages because of the Injury described In paragraphs (1)(a) Immediately above; or (c) arising out of the providing or falling •to provide professional health care services, except with respect to any Incidental health care services· provided by a physician, dentist, nurse, emergency medical technician or paramedic employed by you to provide such services, provided you are not . engaged In the business of providing such services, (2) property damage or environmental damage to property: NAV NP3 + Cyber {07/16) 36 - (a) owned, occupied or used by, or (b) rented to, In the care, custody or control of, or over which physical control ls being exercised for any purpose by, you, any of your employees, volunteer workers, any partner or member (If you are a partnership or joint venture), or any member (If you are a limited llablllty company). b. any person (other than your employee or volunteer worker), or any organization while acting as your real estate manager. c, any person or organization having proper temporary custody of your property If you die, but only with respect to liability arising out of the maintenance or use of that property and only until your legal representative has been appointed. d. your legal representative If you die,. but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. any subsidiary, associated, affiliated or allled company or corporation, Including· subsidiaries thereof, of which you have at least 50% ownership Interest as of the Inception date. /~ Any person or organization, other than a third party carrier, with whom you agreed In a written contract, written -Jw agreement or a permit to Include as an Insured, but only with respect to bodily Injury, property damage, environmental damage, or emergency cleanup costs caused, In whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf, arising out of your operations, your work, equipment or premises leased, rented or owned by you, or your products which are distributed or sold In the regular course of a vendor's business, however: a. A vendor is not an Insured with respect to bodily Injury, property damage, environmental damage, emergency cleanup costs, or other Injury or damage arising out of: (1) the assumption of llabllity by the vendor In a contract or agreement except for any such damages that the vendor would have In the absence of the contract or agreement; (2) any express warranty unauthorized by you; (3) any physical or chemical change In the product made Intentionally by the vendor; (4) repackaging, except when unpacked solely for the purpose of Inspection, demonstration, testing, or the ~ubstltutlon of parts under Instructions from the manufacturer, and then repackaged In the original container; (S) any failure to make Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, In connection with the distribution or sale of the products; (6) any demonstration, Installation, servicing or repair operations, except such operations performed at the vendor's premises In connection with the sale of the product; -(7) products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or Ingredient of any other thing or substance by or for the vendor; or (8) the sole negligence of the vendor for Its own acts or omissions or those of Its employees or anyone else acting-on Its behalf. However, this exclusion does not apply to: (a) the exceptions contained In sub-paragraphs (4) or (6) above: or (b) such Inspections, adjustments, tests or servicing as the vendor has agreed to make or nor1111ally undertakes to make In the usual course of business, In connection with the distribution or sale of the products. b. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver ls not an Insured with respect to bodlly Injury, property damage, envlronmental damage, emergency cleanup costs, or any other Injury or damage arising out of: NAV NP3 + Cyber (07/16) -37 - (1) any occurrence which takes place after the equipment lease expires or you cease to be a tenant; (2) structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee, or receiver; or (3) the sole negligence of the manager or lessor of premises, lessor of leased equipment, or mortgagee, assignee, or receiver, for Its own acts or omissions or those of Its employees or anyone else acting on Its behalf. 4. Solely with respect to Coverage Part 1.E. Employee Benefits Llablllty, paragraph 2. above Is deleted In Its entirety and replaced by the following: a. Each of the following Is also an Insured: (1) each of your employees who Is or was authorized to administer your employee benefit program. (2) any persons, organizations or employees having proper temporary authorization to administer your employee benefit program If you die, but only until your legal representative Is appointed. (3) your legal representative If you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. 6. Any organization you newly acquire or form, other than a partnership, Joint venture or limited llablllty company, and over which you maintain ownership or majority Interest, wlll qualify as a Named Insured If there Is no other similar Insurance available lo that organization. However: · a. coverage under this provision Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever Is earlier; b. you are required to provide written noHflcatlon to us within 1 BO days after the date of such acquisition or formation or before the end of the policy period, whichever Is earlier; c, If, In our sole discretion, we determine addltlonal premium Is to be charged, such additional premium wfll be determined by the rates utilized on the Inception date of this policy and you are responsible to pay the addltlonal premium when due; d. coverage under this policy does not apply to bodily Injury, property damage, environmental damage, crisis management event or loss that occurred, or any pollution Incident that commenced, before you acquired or formed the organization; e. Coverage Part 1.B. Personal and Advertising Injury does not apply to personal and advertising Injury arising out of an offense committed before you acquired or formed the organization; f, Coverage Part 1.E. Employee Benefits Liability does not apply to any negligent act, error or omission of the Insured that took place or was committed before you acquired or formed the organization; and g. Coverage Part 1.G. Product Recall Expense does not apply to product recall expense arising out of a product recall that occurred before you acquired or formed the organization. s. Any person or organization that has at least a 50% controlllng Interest In you but only with respect to bodily Injury, property damage, environmental damage, or personal and advertising Injury arising solely out of their financial control of you. No person, organization or entity Is an Insured with respect to the conduct of any current or past partnership, Joint venture or llmlted llablllty company unless a current or past partnership, Joint venture or limited llablllty company qualifies as an Insured In paragraphs 1. through 6. above. SECTION Ill. LIMITS OF LIABILITY 1, The Limits of Llablllty shown In the Declarations and the rules below fix the most we will pay regardless of the number of: NAV NP3 + Cyber (07/16) -38 - a. the effeoUveness of such services depends on your cooperation and assistance; b. all services may not be available or applicable to all lndlvlduals, For example, affected Individuals who are minors or foreign nationals may not have credit records that can be provided or monitored. Service In Canada will be different from service In the United States and Puerto Rico In accordance with local conditions; c, we do not warrant or guarantee that the services will end or ellmlnate all problems associated with the covered events; d. you will have a direct relatlonshlp with the professional service firms or providers paid for In whole or In part under Coverage 3, Cyber & Data Compromise Liability, Those professional service firms or providers work for you, 31. Sole Agent The first named Insured listed In Item 1. of the Declarations shall act on behalf of all other Insureds, If any, for the payment or return of premium, receipt and acceptance of any endorsement Issued to form a part of this Policy, giving and receiving notice of cancellation or nonrenewal, and the exercise of any rights Included In any Coverage Parts In this Polley. 32, Voluntary Payments Other than first aid or emergency cleanup costs, no Insured shall, except at Its own cost: a. voluntarily make a payment, assume any obllgatlon, or Incur any expense for damages, loss, product recall expanses, data re-creation costs, data restoration costs, or crisis management fees, Including, but not llmlted to, Incurring any cleanup costs other than emergency cleanup costs; or b. admit llablllty, offer to settle, or agree to any settlement In connection with any clalm, suit, data compromise suit or network security llablllty suit without our prior written consent. When our written consent to a settlement Is requested, you must promptly provide us with all Information and particulars we may reasonably request, Including, but not llmlted to, Information which an Insured may deem Immaterial, In order to reach an Informed decision as to such consent. Any damages, loss, product recall expenses, data re-creation costs, data restoration costs, or crisis management fees, or other costs, charges or expenses resulting from any admission of llablllty or agreement to settle, Including any claim expenses and network security llablllty defense costs, Incurred prior to our consent shall not be covered hereunder; or c. with respect to any cleanup costs to which this Insurance applies, the Insured must: (1) submit, for our approval, all proposed work plans prior to submittal to any regulatory agency; (2) submit, for our approval, all bids and contracts for cleanup costs prior to execution or Issuance; and (3) forward progress reports regarding cleanup costs to us at reasonable Intervals and prior to any submittal to any regulatory agency that Is authorized to review and approve such submlttals, 'v'{ Subrogation In the event of any payment under this Insurance by us, we shall be subrogated to all the lnsured's rights of recovery against any person or organization. You agree to cooperate with us and to execute and dellver all Instruments and papers and do whatever else Is necessary to enforce such rights, No Insured shall clo anything after the payment of loss, network security llablllty defense costs, network security llablllty settlement costs, damages, or crisis management foes by us to prejudice such rights, After the deduction of any expenses Incurred by us In making a subrogation recovery, any remaining monies shall first accrue to you to the extent of any payment In excess of the llmlts of llablllty, then to us to the extent of our payment under the policy, than to you to the extent of your payment of the deductible. NAV NP3 + Cyber (07/16) --56 - We wlll waive any right of recovery we may have against any person or organization because of payments we make for any loss, damages, or crisis management fees arising out of your operations done under a written contract or agreement)Vlth that person or organization and Included In your work or the products-completed operations hazard. v'Thls blanket waiver of subrogation applies only to persons or organizations with which you have a written contract, executed prior to the bodily Injury, property damage, or environmental damage that requires the Insured to waive Its rights of recovery, 34. Transfer of Defense Duties If we conclude that any appllcable llmlt of liability of this pollcy has been, or soon will be, exhausted by the payment of damages, loss, network security llablllty defense costs, network security llablllty settlement costs, crisis management fees, or any other costs, charges or expenses, we wlll so notify the first named Insured In writing as soon as practicable. In the event that there are ongoing legal proceedings with respect to any clalm, suit, data compromise suit, or network security llablllty suit against an Insured, and any appllcable limit of liabfllty of this policy has been exhausted, we wlll advise you that our duty to defend has ended and that we will no longer handle the defense of any ongoing clalm(s), suits, data compromise suits, or network security liability suits, or any new claims, suits, or data compromise suits, or network security liability suits against an Insured. Thereafter, we will Initiate and cooperate In the transfer of control of the defense of all claims, suits, data compromise suits, or network security llablllty suits to any appropriate Insured. The exhaustion of any applicable limit of llablllty will not be affected by our falfure to comply with any of the provisions of this section, nor wlll we be obligated by operation of any rights or duties In this paragraph to defend or continue to defend any claim, suit, data compromise suit, or network security llablllty suit or pay any damages, loss, network security llablllty settlement costs, network security llablllty defense costs, claim expenses, product recall expenses, data re-creation costs, data restoration costs, crisis management fees, or any other costs, charges or expenses, after any applicable llmlt or llablllty of this pollcy ls exhausted. SECTION V. POLICY DEFINITIONS 1. Administration means: a. providing Information to employees, Including their dependents and beneficiaries, with respect to eliglblllty for or scope of employee benefit programsj b. handling records In connection with the employee benefit program; or c. effecting, continuing or terminating any employee's participation In any benefit Included In the employee benefit program. However, administration does not Include handling payroll deductions. ,2. Advertisement means a notice that Is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters, For the purposes of this definition: a. notices that are published Include material placed on the Internet or on slmllar electronic means of communication; and b. regarding web-sites, only that part of a web-site that Is about your goods, products or services for the purposes of attracting customers or supporters Is considered an advertisement. 3. Affected Individual means any person who Is your current, former or prospective customer, client, member, owner, director or employee and whose personally Identifying Information or personally sensitive Information Is lost, stolen, acoldentally released or accidentally published by a personal data compromise, This definition Is subject to the following provisions: NAV NP3 + Cyber (07/16) -57 - • SENTRY INSURANCE A MUTUAL COMPANY COMMERCIAL AUTO POLICY STEVENS POINT, WISCONSIN (A PARTICIPATING MUTUAL COMPANY) A MEMBER OF THE SENTRY FAMILY OF INSURANCE COMPANIES 01T180RG COMMERCIAL AUTO DECLARATIONS POLICY NUMBER 90-14815-03 Name and Address of the Additional Insured ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADD' L INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATION LIABILITY ARISING OUT OF THE USE OF A COVERED "AUTO", LA 70433 Name and Address of the Named Insured POOL CORPORATION 109 NORTH PARK BLVD STE 510 COVINGTON, LA 70433 ADDITIONAL INSURED SCHEDULE The following information is required to complete the accompanying Additional Insured Endorsement which forms a part of the Named Insured' s Commercial Auto Policy. ENDORSEMENT CA 70 13 10 13 DESCRIPTION OF AUTOS RELATIONSHIP OR CAPACITY AS REQUIRED BY CONTRACT EFFECTIVE FROM June 01, 2019 TO June 01, 2020 Limit of Liability Insurance $2,000,000 CA 00 02 01 87 (MECH) POO 90-14815-03 00 191 06-11-2019 (000 0005) FOR ENDORSEMENT TEXT 1 SEE OVER. 00506 AUTO ADDITIONAL INSURED This endorsement modifies the coverage provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM The information required to complete this endorsement is shown in the Declarations. COMMERCIAL AUTO CA 70 13 10 13 A. WHO IS AN INSURED is changed to include as an "insured" the person or organization named in the schedule, but only with respect to liability arising out of the stated relationship or capacity and the described "auto". B. Cancellation 1. If we cancel the policy, we will mail notice to the named person or organization in accordance with the cancellation common policy condition. 2. If you cancel the policy, we will mail notice to the named person or organization. 3. Cancellation ends this agreement. CA 70 13 10 13 om~ OITIQOHCI COMMERCIAL AUTO WAIVER DF TRANSFER DF RIGHTS OF RECOVERY AGAINST OTHERS TO US This andoraament modifies insurance provided under the following, Business Auto Coverage Form SCHEDULE +--,.---------------------------------,._ -----------------------------------+ Name of Parson or Dreani~ation, I +-----------------------------------------------------------------------+ ' ANY PERSON DR ORGANIZATION THAT YOU ARE REQUIRED BY A WRITTEN CONTRACT I TO WAIVE RECQVERV RIGHT.S +----------------------~--~----------------~--------~-------------------+ Section IV BUSINESS AUTO CONDITIONS A, Loss Conditions 5, Transfer Of Rights Of Recovery Against Othe~s To Us is amended by the addition of the following, We waive any right of recovery we may have against the parson or organization shown in the Schedule above because of payments we make for injury, loss or damage rising out of your ongoing opera:tions or your work done under a contract with that person or organization. This waiver applies only to·the. person or organization shown in the Schedule above. CA 80 11 07 07 POD 90-14815-03 00 191 06-11-19 PAGE 001 , 00729 ---------------· -----r-------------- -SENTRY I·NSURANCE A MUTUAL COMPANY Carrier Code No, 15571 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY .INSURANCE.POLICY POLICY NUMBER, 90-14815-Dl 00 191 WAIVER OF DUR-RIGHT TD RECDV.ER FROM OTHERS ENDORSEMENT We• have the right to recover our payments from anyone liable for an injury covered by this policy. We .will not enforce our rieht against the parson or organization named in the Schedule, CThis agreement applies only to the extent that you perform. work under a written c'ontract that requires you to obtain· this agreement from us.) This agreement shall not. operate directly or· indirectly to benefit any one not named in the Schedule, Schedule ''ALL WRITTEN CONTRACTS PROVIDED SUCH CONTRACT WAS MADE PRIOR TO LOSS" we OD 03 13 (Ed, 04-84) ~opyrieht 1983 National Council on Compensation Insurance. POD 90-14a1s-01 0~ 191 06-10-19 PAGE 001 POOL CDRPORATIQN OfTtlORa 00288. ENDORSEMENT NO. 013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION -BLANKET ENDORSEMENT With respect to the person(s) or organization(s) listed in the schedule below in this endorsement, it is hereby agreed the following paragraph is added to condition 33. Subrogation of SECTION IV. CONDITIONS OF INSURANCE: We agree to waive any right of recovery we may have against the person(s) or organization(s) shown in the Designated Schedule of Person(s) or Organization(s) because of payments we make: a. with respect to Coverage 1. General Liability, for injury or damage arising out of your ongoing operations or your work included in the products-completed operations hazard; or b. with respect to Coverage 2. Pollution Liability, for bodily injury, property damage or cleanup costs caused by a pollution incident resulting from: (1) your work; (2) transportation activities; or (3) the storage, handling, treatment, processing, recycling or disposal of your customer's waste at any scheduled site or unscheduled site; provided the aforementioned operations or activities performed under a written contract with a person or organization shown in the Designated Schedule of Person(s) or Organization(s). This waiver applies only to the person(s) or organization(s) shown in the Designated Schedule of Person(s) or Organization(s). DESIGNATED SCHEDULE OF PERSON(S) OR ORGANIZATION(S} Name of Person or Organization: Any customers for whom you perform ongoing operations; your work; transportation activities; or the storage, handling, treatment, processing, recycling or disposal of your customer's waste at any scheduled site or unscheduled site, but only if and to the extent: 1. the waiver of such rights is required by written contract with your client; and 2. such contract is executed and effective prior to the date any: a. occurrence, pollution incident, event or other circumstance or offense, or b. act, error or omission, which may result in a claim or suit, or give rise to damages, loss or any other payments to which this insurance may apply, first commenced. All other terms, conditions, and exclusions shall remain the same. Form No: NENV MNSCPT Page 1 of 1 . POLICY NUMBER: COMMERCIAL AUTO CA 7601 0615 THIS ENDORSEMENT CHANQES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED-PRIMARY AND . NONCONTRIBUTO.RY -COVERED AUTOS LIABILITY COVERAGE This endorsement modifies Insurance provided under the following:· BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM Wit.h respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified .by this endorsement. This endorsement Identifies person(s) or organization(s) who are "Insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date Is Indicated.· · Named Insured: POOL CORPORATION Endorsement Effective Date: 06-01-2019 SCHEDULE Name Of Person(s) Or Organlzatlon(s): AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Each person or organization shown · in the Schedule Is an "insured" for Covered Autos Liability Coverage, but only to the extent that· person or organization qualifies as an "Insured" under the Who Is An Insured provision contained In: (1) Paragraph A.1 •. of Section II -Covered Autos Liability Coverage In the Business Auto and Motor Carrier Coverage Forms; or (2) Paragraph 0.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. B. Primary And Noncontributory Insurance This Insurance is primary to and will not seek contribution from any other auto insurance issued to the person or organization in the schedule under your policy pro~lded that: (1) The person or organization is a Named Insured under such other Insurance; and (2) Prior to the "accident" you have agreed In writing in a contract or agreement that this Insurance would be primary and would not seek contribution from any other jnsurance available to the person or organization. CA 76 01 08 15 includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 06/25/2019 POO 90-14815-03 oo 191 .with its permission. 1 ,00001 000000000B 18177 0 N C1AD9B31·CEFB·4C47·AA01-595E48DD970F -SENTRY CASUALTV CDMPANV Carrier Coda N~. 37877 WORKERS' COMPENSATION AND EMPLOYERS. LIABILITY INSURANCE POLICY POLICV NUMBER, ·90-14815-02 00 191 WAIVER OF.DUR RIGHT TO RECOVER FROM OTijERS ENDORSEMENT 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 ttie Schedule. C'This agreement applies only to the extant that you perform work under a written contract that requires you to obtain this agreement from us.> This agreement shall not operate directly or indirectly to benefit any one not named in-the Schedule, Schedule "ALL WRITTEN CONTRACTS PROVIDED SUCtf CONTRACT WAS MADE PRIOR TD LOSS" we oo 03 13 <Ed. 04·-eu Copyright 1983 Na~ional Council on Compensation Insurance. POD 90-14815-02 00 191 06-10-19 POOL CORPORATION PAGE 001 OITISORII 00458