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HomeMy WebLinkAboutC-7018-1 - PSA for Uniform Rental ServicesTHIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 20th day of May, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and UNIFIRST CORPORATION, a Massachusetts Corporation ("Consultant"), whose address is 16434 Pioneer Blvd, Norwalk, CA 90560, and is made with reference to the following: RECITALS A. On January 18, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement") for uniform rental services ("Project"). B. On March 14, 2016, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to extend the term of the Agreement and to increase the total compensation. C. The parties desire to enter into this Amendment No. Two to extend the term of the Agreement to November 30, 2016 and to increase the total compensation to account for payments of closing out the account due to unforeseen lost items. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30. 2016. unless terminated earlier as set forth herein." 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Twenty Five Thousand Nine Hundred Thirty Dollars and 931100 ($25,930.93), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT �) WITH UNIFIRST CORPORATION FOR UNIFORM RENTAL SERVICES THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 20th day of May, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and UNIFIRST CORPORATION, a Massachusetts Corporation ("Consultant"), whose address is 16434 Pioneer Blvd, Norwalk, CA 90560, and is made with reference to the following: RECITALS A. On January 18, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement") for uniform rental services ("Project"). B. On March 14, 2016, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to extend the term of the Agreement and to increase the total compensation. C. The parties desire to enter into this Amendment No. Two to extend the term of the Agreement to November 30, 2016 and to increase the total compensation to account for payments of closing out the account due to unforeseen lost items. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30. 2016. unless terminated earlier as set forth herein." 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Twenty Five Thousand Nine Hundred Thirty Dollars and 931100 ($25,930.93), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Five Thousand Nine Hundred Thirty Dollars and 931100 ($5,930.93). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Unifirst Corporation Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: d c By: Aaron C. Harp3, City Attorney ATTEST: Date: 11' � J V J-631�— Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 11-2 By: XA�� Mie Pisani Municipal Operations Department - General Services CONSULTANT: Unifirst Corporation, a Massachusetts Corporation Date: Signed in Counterpart By: Robert Anthony Ortega Branch Manager [END OF SIGNATURES] Unifirst Corporation Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: d c By: Aaron C. Harp3, City Attorney ATTEST: Date: M Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Mike Pisani Municipal Operations General Services Department — CONSULTANT: Unifirst Corporation, Massachuse s qorporation Date: 0 1 By: Robert Anthony Ortega Branch Manager [END OF SIGNATURES] Unifirst Corporation Page 3 (' Co r� AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH UNIFIRST CORPORATION FOR v UNIFORM RENTAL SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 14th day of March, 2016 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and UNIFIRST CORPORATION, a Massachusetts corporation ("Consultant"), whose address is 16434 Pioneer Blvd., Norwalk CA 90650, and is made with reference to the following: RECITALS A. On January 18, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement") for uniform rental services ("Project"). B. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to May 20, 2016 and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on May 20, 2016, unless terminated earlier as set forth herein." 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Twenty Thousand Dollars and 001100 ($20,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Ten Thousand Dollars and 001100 ($10,000.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp 31$ City Attorney ATTEST: / Date:/ /� I By. L eilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: ike Pisani Municipal Operations Department — General Services CONSULTANT: Unifirst Corporation, a Massachusetts corporation Date: By: Robert Anthony Ortega Branch Manager Date: LliP By: Benjamin F. Childers Regional Vice President [END OF SIGNATURES] Unifirst Corporation Page 2 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. " Date Received: 2/10/16 Dept./Contact Received From: Joan Date Completed: 2/10/16 Sent to: Joan By: Chris Company/Person required to have certificate: Unifirst Corporation Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/15-10/1/16 EFFECTIVE/EXPIRATION DATE: 10/1/15-10/1/16 A. INSURANCE COMPANY: National Union Fire Insurance Company of Pittsburgh B. AM BEST RATING (A-: VII or greater): A:XV B. C. ADMITTED Company (Must be California Admitted): C. Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1M/2M E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does 2M not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND (What is limits provided?) N/A COMPLETED OPERATIONS ENDORSEMENT (completed F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City ® N/A ❑ Yes ❑ No its officers, officials, employees and volunteers): Is it HIRED AND NON -OWNED AUTO ONLY: ❑ N/A included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be 0 Yes ❑ No included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/15-10/1/16 A. INSURANCE COMPANY: National Union Fire Insurance Company of Pittsburgh B. AM BEST RATING (A-: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 2M E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/15-10/1/16 A. INSURANCE COMPANY: New Hampshire Insurance Company B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1 M F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 2/10/16 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date UNIFCOR-01 WILSONLR ,44COR0' CERTIFICATE OF LIABILITY INSURANCE E (MM/DD YYW) DA11012016 211 0 12 0 1 6 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 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 Willis of Massachusetts, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 37230-5191 CONTACT Willis Towers Watson Certificate Center PHONE FAx AIC No Eat:(877) 945-7378 A/C No: (888) 467-2378 EMAIL certificates@willis.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: National Union Fire Insurance Company of Pittsburgh 19445 INSURED INSURERB:New Hampshire Insurance Company 23841 INSURERC: UniFirst Corporation and its Subsidiaries INSURER D: 68 Jonspin Road Wilmington, MA 01887.1086 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 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 LTR TYPE OF INSURANCE IN POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY E%P MOLIC LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 1XI OCCUR X X '3333305 10/01/20151 1010112016 PREMISES Ea occurrence)$ 1,000,00 MED EXP (Any one person) $ 5,000 PERSONAL a ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GENT j POLICY D PEC LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY CEOMaBc tlEOtSINGLE LIMIT $ 2,000,000 en BODILY INJURY (Per person) $ A X ANY AUTO X X 7469899 10101/2015 10101/2016 ALL OWNED SCHEDULED AUTOS AUTOSI BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY IN ANY PROPRIETOR/PARTNERIEXECUTIVE Y OFFICER/MEMBER EXCLUDED?FWi (Mandatory in NH) NIA X 67940114 10/0172015 10101!2016 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEO $ 1,000,000 If yes, tlescnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1 $ 1,000,000 A Business Auto X X 7469900 10/0112015 10101/2016 See Attached DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace is required) THIS CERTIFICATE VOIDS AND REPLACES THE PREVIOUSLY ISSUED CERTIFICATE DATED: 2/1012016 Division/Location: 325 The City of Newport Beach, its officers, officials, employees and volunteers are Additional Insured for General Liability and Auto Liability as their Interest may appear if required by written contract but only with respect to liability arising out of operations of the Named Insured. General Liability policy shall be Primary and Non-contributory with any other insurance In force for or which may be purchased by Additional Insured as SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014101) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Newport Beach, Its officers, Officials, employee AUTHORIZED REPRESENTATIVE Attn: Christian Gray 130 1301 Dove St Suite 200 New ort Beach CA 92660 ACORD 25 (2014101) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 ACORO' illhil� AGENCY CUSTOMER ID: UNIFCOR-01 LOC #: ADDITIONAL REMARKS SCHEDULE WILSONLR Page 1 of 1 AGENCY NAMED INSURED Willis of Massachusetts, Inc. POLICY NUMBER UniFirst Corporation and its Subsidiaries 68 Jonspin Road Wilmington, MA 01887-1086 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: required by written contract. It is understood and agreed that the Company waives its right of Subrogation against the 'The City of Newport Beach, its officers, officials, employees and volunteers." which may arise by reason of a payment of claim under General Liability, Auto Liability and Workers Compensation, if required by written contract and as permitted by law. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGE SCHEDULE COVERAGE LIMITS POLICY TYPE: Business Auto Any Auto CARRIER: National Union Fire Insurance Company of $2,000,000 Combined Single Limit Pittsburgh POLICY TERM: 10/1/2015 to 10/1/2016 POLICY NUMBER: 7469900 POLICY TYPE: Business Auto Any Auto CARRIER: National Union Fire Insurance Company of $2,000,000 Combined Single Limit Pittsburgh POLICY TERM: 101112016 to 10/1/2016 POLICY NUMBER: 7469901 POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: National Union Fire Insurance Company of $1,000,000 E.L. Each Accident Pittsburgh $1,000,000 E.L. Disease Each Employee POLICY TERM: 101112016 to 10/1/2016 $1,000,000 E.L. Disease Policy Limit POLICY NUMBER: 1103501 POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: New Hampshire Insurance Company $1,000,000 E.L. Each Accident POLICY TERM: 10/112015 to 10/1/2016 $1,000,000 E.L. Disease Each Employee POLICY NUMBER: 67940115 $1,000,000 E.L. Disease Policy Limit POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: New Hampshire Insurance Company $1,000,000 E.L. Each Accident POLICY TERM: 110/11/20115 to 1011/2016 $1,000,000 E.L. Disease Each Employee POLICY NUMBER: 67940116 $1,000,000 E.L. Disease Policy Limit POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: New Hampshire Insurance Company $1,000,000 E.L. Each Accident POLICY TERM: 101112015 to 10/112016 $1,000,000 E.L. Disease Each Employee POLICY NUMBER: 67940117 $1,000,000 E.L. Disease Policy Limit POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: New Hampshire Insurance Company $1,000,000 E.L. Each Accident POLICY TERM: 10/112015 to 1 01112 01 6 $1,000,000 E.L. Disease Each Employee POLICY NUMBER: 67940118 $1,000,000 E.L. Disease Policy Limit POLICY TYPE: Workers Compensation and Employers Liability CARRIER: Insurance Company of the State of Pennsylvania POLICY TERM: 10/11/20115 to 101112016 POLICY NUMBER: 67940119 WC - Per Statute $1,000,000 E.L. Each Accident $1,000,000 E.L. Disease Each Employee $1,000,000 E.L. Disease Policy Limit POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: New Hampshire Insurance Company $1,000,000 E.L. Each Accident POLICY TERM: 10/11/20115 to 101112016 $1,000,000 E.L. Disease Each Employee POLICY NUMBER: 67940120 $1,000,000 E.L. Disease Policy Limit POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: New Hampshire Insurance Company $1,000,000 E.L. Each Accident POLICY TERM: 10/112015 to 1011!2016 $1,000,000 E.L. Disease Each Employee POLICY NUMBER: 67940121 $1,000,000 E.L. Disease Policy Limit ENDORSEMENT This endorsement, effective 12:01 A.M. 10/01 /2015 forms a part of policy No. GL 333-33-05 issued to UNI FI RST CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION II - WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds: or b) "your work" performed for the additional insureds and included in the "products -completed operations hazard": This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same. 90533 (3/06) � ��e A thorized Representative or Countersignature (in States Where Applicable) Page 1 of WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be canpleted only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 10/01 /2015 forms a part of Policy No. WC 067-94-0114 Issued to UNIFIRST CORPORATION By NEW HAMPSHIRE INSURANCE COMPANY We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, or Washington. This form is not applicable in Missouri when there is a construction code on the policy and there is Missouri premium or exposure. WC 00 03 13 Countersigned by (Ed. 04/84) Authorized Representative rc C" PROFESSIONAL SERVICES AGREEMENT WITH UNIFIRST CORPORATION FOR V UNIFORM RENTAL SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 18th day of January, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and UNIFIRST CORPORATION, a Massachusetts Corporation ("Consultant"), whose address is 16434 Pioneer Boulevard, Norwalk, California 90650, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide uniform rental services ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on March 4, 2016, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Ten Thousand Dollars and 00/100 ($10,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Unifirst Corporation Page 2 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Anthony Ortega to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Municipal Operations Department. City's Field Maintenance Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. Unifirst Corporation Page 3 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Unifirst Corporation Page 4 Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. Unifirst Corporation Page 5 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. Unifirst Corporation Page 6 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. 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 to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. Unifirst Corporation Page 7 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Juan Salazar, Field Maintenance Manager Municipal Operations Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Anthony Ortega Unifirst Corporation 16434 Pioneer Blvd Norwalk, CA 90650 Unifirst Corporation Page 8 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. Unifirst Corporation Page 9 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 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 race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Unifirst Corporation Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: l Zjq /1� By. ar Aaro C. Harp ` \ City Attorney ATTEST: a 1� J� Date: - By: Leilani I. Brown City Clerk L�LI r-0"� CITY OF NEWPORT BEACH, a California riunicipal corporation Date. Mike Pisani Municipal Operations Department — General Services CONSULTANT: Unifirst Corporation, a Massachusetts Corporation Date: By: Robert Anthony Ortega Branch Manager Date: It g -d—/ 1 (0 By: Benjardn F. Childers Regional Vice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Unifirst Corporation Page 11 EXHIBIT A SCOPE OF SERVICES 1. SCOPE OF SERVICES: CITY RESPONSIBILITIES 1. 1 City shall provide Contractor with a designated contact at each uniform delivery/ pick —up location. The designated contact at each location shall make uniform delivery driver aware of any particular concerns that arise. 1.2 City shall use the Contractor provided Service Tag to indicate any damaged uniform articles. 1.3 City shall deposit soiled and damaged uniform articles in separate designated containers as provided by Contractor. 1.4 City shall verify all Contractor provided listings and receipts of uniforms that are picked up and delivered, immediately reporting and discrepancies to Contractor. 1.5 City shall notify Contractor of any personnel changes that affect uniform needs, such as: 1.5.1 Addition of new personnel requiring uniforms; 1.5.2 Personnel no longer requiring uniforms; and /or 1. 5. 3 Personnel transferred to a new department or division. 2. SCOPE OF SERVICES: CONTRACTOR RESPONSIBILTIES /PROVISIONS 2.1 Contractor shall provide the City with requested quantity and types of uniforms, which include pants, shirts, shorts and coveralls. 2.2 Contractor shall pick up and launder all soiled uniforms and deliver to the City cleaned uniforms. 2.3 Contractor shall provide the City with requested quantity and types of shop towels, fender covers and floor mats. 2.4 Contractor shall pick up and launder all soiled shop towels and fender covers, and deliver to the City cleaned shop towels, fender covers and floor mats. Contractor shall provide one (1) locked container for the deposit of soiled uniforms and one (1) locked container for the deposit of damaged uniforms at each of the following uniform delivery/ pick -up locations: 2. 5. 1 Utilities Yard Locker Room; 2. 5. 2 Corporate Yard Administration Building Locker Room; and 2. 5. 3 Corporate Yard Equipment Maintenance Locker Room. 2.6 Contractor shall schedule the delivery and pick -up of uniform articles on a weekly basis, on the same day and at the same time each week. Unifirst Corporation Page A-1 2. 7 Contractor shall meet with the City- designated contact at each uniform delivery/ pickup location at the time of delivery to communicate any issues, concerns or needs. 2.8 Upon picking up uniform articles, Contractor shall count all items picked up and leave a receipt with each City -designated contact. 2.9 Upon delivery of uniform articles, Contractor shall provide an accurate listing of all delivered items to each City- designated contact. 2.10 Contractor shall deliver repaired or replaced uniform articles separately (set aside from regularly delivered articles) and notify City- designated contact at each uniform delivery/ pick -up location regarding the delivery of repaired or replaced items. 2. 10.1 Replacement uniform articles shall be new and unused. 2.11 On an as -needed basis, City shall provide Contractor with City of Newport Beach emblem patches to be sewn on to designated employees' uniforms. 2. 12 Contractor shall respond to any telephone, fax or e- mail correspondence from City within twenty -four (24) hours. 2.13 Prior to the commencement of any Agreement, Contractor shall coordinate with the City's Accounts Payable Division to develop an acceptable billing and invoicing methodology, incorporating the following: 2.13. 1 Contractor shall invoice City once per month in arrears. 2. 13. 2 Contractor shall provide City with one (1) original invoice and two (2) copies of each invoice. 2. 13. 3 Contractor shall indicate each department name and division name /number on each Invoice. 2.13.4 Contractor shall provide separate invoice for each division 2.13.5 Invoices shall be organized alphabetically, with employees' last name appearing first. 2.13.6 Contractor shall assign a specific employee to each employee receiving uniforms. Unifirst Corporation Page A-2 EXHIBIT B SCHEDULE OF BILLING RATES A. Uniforms: Up to eleven (11) sets per two week period for each employee. Each set may consist of a combination of the items listed below, totaling not more than eleven (11) shirts, and eleven (11) pants/shorts, for a total of twenty-two (22) individual items. In addition, each employee may, depending on need, be allowed up to five (5) pairs of coveralls. Inventory is 11 changes per person (including one "swing" change) and is for a full two weeks. Six shall be in the possession of the employee and five shall be in the possession of the uniform laundry service. Vendor shall make available a means of storing soiled and clean garments (locker, laundry cart, rack, etc.). Uniform items are as follows: 1. Shirt (collared, button up) a. Shirt, Short Sleeve, 65/35 Polyester Blend, Light Blue or White Color b. Shirt, Short Sleeve, 100% Cotton, Light Blue or White Color. c. Shirt, Long Sleeve, 65/35 Polyester Blend, Light Blue or White Color. d. Shirt, Long Sleeve, 100% Cotton, Light Blue or White Color. 2. Pants (workluniform style pants) a. Pants, 65/35 Polyester Blend, Navy Blue Color. b. Pants, 100% Cotton, Navy Blue Color. C. *dress/executive style slacks. Very limited distribution/use. 3. Shorts a. Shorts, 65/35 Polyester Blend, Navy Blue Color. b. Shorts, 100% Cotton, Navy Blue Color 4. Coveralls a. Coveralls, 65/35 Polyester Blend, Navy Blue Color. B. Additional Items: 1. Floor Mats. Floor Mats in the following sizes: 3'x4', 3'x5', 3'x10, 4'x6'. (rotated and laundered every two weeks) 2. Shop Towels. (laundered every week, quantities to be laundered will vary depending on use) 3. Fender Covers. (As needed) Unifirst Corporation Page B-2 Proposer Offer Form: Pricing Sheet Item 65/35 100% Short Long Exec. Weekly Blend Cotton Sleeve Sleeve pant Charge style** Per***: SHIRT Fender Covers $ 1.0084 (As ---- $.116' - -------- - ------------- — Shop Towels .06 $ .069 (Weekly) --- ------------------------------------------------------------------------------------------------ Mat 3'x4' --------- - - -------- $ 2.1218 $.2019 - --------... --------------------------------------------------------------------------- W e e k- l y)---------------------- ----------- — Mat 3'x $ 2.1218 (Bi-Weekly) $.1164 - - 4.24-3--6- $- ---- Bi ---Bi (Bi- --- ------------------------------------------------------------------------- ---------------- Weekly) Weekly-- ----- $.2019 PANTS* (Bi- -- --Weekly)------------------------ Ar. *Sewing of name and City provided Emblem $.1803 (First Time Patches Charge.) Embroidering Embroidering (direct on shirt) of Name & Title $.2657 No active items Charge) $ .19' SHORTS $.1486 No active items $ .19' COVERALLS d $.2863 Notes: * If pricing differs between Men's cuts and Women's cuts, must specify. **Very limited distribution. Very few pairs requested, used. ***If there is a price difference between colors of any item (i.e., white versus light blue shirt), must specify • 1. Fender Covers $ 1.0084 (As ---- Needed) --- - - -------- - ------------- — Shop Towels .06 $ .069 (Weekly) --- ------------------------------------------------------------------------------------------------ Mat 3'x4' --------- - - -------- $ 2.1218 - (Bi - - --------... --------------------------------------------------------------------------- W e e k- l y)---------------------- ----------- — Mat 3'x $ 2.1218 (Bi-Weekly) ----------------------------------------------------------------------------------------------------------- Mat 3 ' x10 ' - - 4.24-3--6- $- ---- Bi ---Bi (Bi- --- ------------------------------------------------------------------------- ---------------- Weekly) Weekly-- ----- Mat 4'x6' $ 3.18--27 (Bi- -- --Weekly)------------------------ *Sewing of name and City provided Emblem $ n/a (First Time Patches Charge.) Embroidering Embroidering (direct on shirt) of Name & Title ------------------- ---------------------------------------- $ n/a (First Time Charge) Unifirst Corporation Page B-3 Current Uniformlitem Quantities (Based on current invoices, numbers may fluctuate) ITEM Uniform Shirts Quantity;; 1071 (Number of Short Sleeve Shirts) 505 (Number of Long Sleeve Shirts) 214 (Number of unspecified sleeve length) 352 (Number of Cotton Shirts -long or short sleeve) 284 Pants 1288 (Number of Cotton Pants) 297 (Executive style -dress pants) Less than 5 Shorts 303 (Number of Cotton Shorts) "Less than 15 Coveralls 97 Mat 3'x4' 10 Mat 3'x5' 18 Mat 3'x10' 6 Mat 4'x6' 8 Shop Towel 2774 Fender Cover 10 Unifirst Corporation Page B-4 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Unifirst Corporation Page C-1 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Unifirst Corporation Page C-2 Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 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. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Unifirst Corporation Page C-3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach.'" Date Received: 2/10/16 Dept./Contact Received From: Joan Date Completed: 2/10/16 Sent to: Joan By: Chris Company/Person required to have certificate: Unifirst Corporation Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/15-10/1/16 EFFECTIVE/EXPIRATION DATE: 10/1/15-10/1/16 A. INSURANCE COMPANY: National Union Fire Insurance Company of Pittsburgh B. AM BEST RATING (A-: VII or greater): A:XV B. C. ADMITTED Company (Must be California Admitted): C. Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1M/2M E. ADDITIONAL INSURED ENDORSEMENT— please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does 2M not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND (What is limits provided?) N/A COMPLETED OPERATIONS ENDORSEMENT (completed F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City N N/A ❑ Yes ❑ No its officers, officials, employees and volunteers): Is it HIRED AND NON -OWNED AUTO ONLY: ❑ N/A included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be N Yes ❑ No included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/15-10/1/16 A. INSURANCE COMPANY: National Union Fire Insurance Company of Pittsburgh B. AM BEST RATING (A-: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 2M E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/15-10/1/16 A. INSURANCE COMPANY: New Hampshire Insurance Company B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1 M F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 2/10/16 Date ® NIA ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® NIA ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than ; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. UNIFCOR-01 WILSONLR , I% O CERTIFICATE OF LIABILITY INSURANCE �� DAT'/10/DDIYYYY) 2ND/2016 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 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 Willis of Massachusetts, Inc. c/o 26 Century Blvd P.O. Box 305191 NAMEACT Willis Towers Watson Certificate Center PHONE No. E#(877) 945-7378 FA/c No: (888) 467-2378 EMAIL t tificaes//��,,,,,,Illis.com ADDRESS: certificates@wlllis.com Nashville, TN 37230.5191 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: National Union Fire Insurance Company of Pittsburgh 19445 INSURED INSURER B: New Hampshire Insurance Company 23841 INSURERC: UniFirst Corporation and its Subsidiaries INSURER D: 68 Jonspin Road Wilmington, MA 01887-1086 INSURER E INSURER F: COVERAGES - CERTIFICATE NUMBER: 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 LTR TYPE OF INSURANCE ADDL IND SUBRI POLICY EFF WVD! POLICYNUMBEft ! MMIDD OLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIASIUTY Newport Beach CA 92660 EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE1XI OCCUR X X 13333305 ! 1010112015 10101/2016 pREMISEs(Ea occurrence $ 1,000,00 MED EXP (Any one person) 1 $ 5,00 &ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: -PERSONAL GENERAL AGGREGATE j $ 2,000,00 POLICY ❑ JECT PRO- FXI LOCI PRODUCTS - COMP/OP AGG $ 2,000,00 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,00 Ea accident BODILY INJURY (Per person) $ A X ANY AUTO X X 7469899 1010112015'1 10/0112016 AALL UTOS OWNED SCHEDULED LT BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Peraccident HIRED AUTOS NON -OWNED AUTOS _. $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ E%CESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YINX OFFICERIMEMBER EXCLUDED? NI (Mandatory in NH) NIA 67940114 10/0112015 1010112016 X PER UTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, desaibe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Business Auto X X 7469900 10/0112015 10/0112016 See Attached DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) THIS CERTIFICATE VOIDS AND REPLACES THE PREVIOUSLY ISSUED CERTIFICATE DATED: 211 012 01 6 Division/Location: 325 The City of Newport Beach, its officers, officials, employees and volunteers are Additional Insured for General Liability and Auto Liability as their interest may appear If required by written contract but only with respect to liability arising out of operations of the Named Insured. General Liability policy shall be Primary and Non-contributory with any other insurance In force for or which may be purchased by Additional Insured as SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014101) ©1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Newport Beach, its officers, officials, employee AUTHORIZED REPRESENTATIVE Attn: Christian Gray 130 1301 Dove St Suite 200 Newport Beach CA 92660 ACORD 25 (2014101) ©1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD � 1 ACORO` 164� AGENCY CUSTOMER ID: UNIFCOR-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Willis of Massachusetts, Inc. UniFirst Corporation and Its Subsidiaries POIIOY NUMBER 68 Jonspin Road Wilmington, MA 01887.1086 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: PAGE I THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: required by written contract. WILSONLR Page 1 of 1 It is understood and agreed that the Company waives its right of Subrogation against the "The City of Newport Beach, Its officers, officials, employees and volunteers." which may arise by reason of a payment of claim under General Liability, Auto Liability and Workers Compensation, if required by written contract and as permitted by law. ACORD 101 (2008/011 2008 ACORD CORPORATION. All riohts reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGE SCHEDULE COVERAGE LIMITS POLICY TYPE: Business Auto Any Auto CARRIER: National Union Fire Insurance Company of $2,000,000 Combined Single Limit Pittsburgh POLICY TERM: 1011/2015 to 10/112016 POLICY NUMBER: 7469900 POLICY TYPE: Business Auto Any Auto CARRIER: National Union Fire Insurance Company of $2,000,000 Combined Single Limit Pittsburgh POLICY TERM: 10/112015 to 101112016 POLICY NUMBER: 7469901 POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: National Union Fire Insurance Company of $1,000,000 E.L. Each Accident Pittsburgh $1,000,000 E.L. Disease Each Employee POLICY TERM: 10/112015 to 101112016 $1,000,000 E.L. Disease Policy Limit POLICY NUMBER: 1103501 POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: New Hampshire Insurance Company $1,000,000 E.L. Each Accident POLICY TERM: 10/112015 to 10/1/2016 $1,000,000 E.L. Disease Each Employee POLICY NUMBER: 67940115 $1,000,000 E.L. Disease Policy Limit POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: New Hampshire Insurance Company $1,000,000 E.L. Each Accident POLICY TERM: 10/112016 to 10/1/2016 $1,000,000 E.L. Disease Each Employee POLICY NUMBER: 67940116 $1,000,000 E.L. Disease Policy Limit POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: New Hampshire Insurance Company $1,000,000 E.L. Each Accident POLICY TERM: 1 01112 01 5 to 1011/2016 $1,000,000 E.L. Disease Each Employee POLICY NUMBER: 67940117 $1,000,000 E.L. Disease Policy Limit POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: New Hampshire Insurance Company $1,000,000 E.L. Each Accident POLICY TERM: 10/1/2015 to 10/1/2016 $1,000,000 E.L. Disease Each Employee POLICY NUMBER: 67940118 $1,000,000 E.L. Disease Policy Limit POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: Insurance Company of the State of Pennsylvania $1,000,000 E.L. Each Accident POLICY TERM: 10/1/2015 to 10/1/2016 $1,000,000 E.L. Disease Each Employee POLICY NUMBER: 67940119 $1,000,000 E.L. Disease Policy Limit POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: New Hampshire Insurance Company $1,000,000 E.L. Each Accident POLICY TERM: 10/1/2015 to 10/1/2016 $1,000,000 E.L. Disease Each Employee POLICY NUMBER: 67940120 $1,000,000 E.L. Disease Policy Limit POLICY TYPE: Workers Compensation and Employers Liability WC - Per Statute CARRIER: New Hampshire Insurance Company $1,000,000 E.L. Each Accident POLICY TERM: 10/1/2015 to 1011/2016 $1,000,000 E.L. Disease Each Employee POLICY NUMBER: 67940121 $1,000,000 E.L. Disease Policy Limit ENDORSEMENT This endorsement, effective 12:01 A.M. 10/01/2015 forms a part of policy No.GL 333-33-05 issued to UNIFIRST CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION II - WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products -completed operations hazard": This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same. ANthoriz�epresentative or Countersignature (in States Where Applicable) 90533 (3/06) Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 10/0112015 forms a part of Policy No. WC o67-94-0114 Issued to UN I F I RST CORPORAT I ON By NEW HAMPSHIRE INSURANCE COMPANY We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, or Washington. This form is not applicable in Missouri when there is a construction code on the policy and there is Missouri premium or exposure. -001 A WC 00 03 13 Countersigned by (Ed. 04/84) Authorized Representative