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HomeMy WebLinkAboutSPINENCROACHMENT PERMIT CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVE BAKERSFIELD CA 93301 (661)326-3724 TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD CALIFORNIA. Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code. the undersigned applies for a permit to place, erectuse and maintain an encroachment on public property or right of way as therein defined ude ERCRUACNMEM PERMIT 21I9b6 �� :14ec:dl aetcu —ci .,. .._v.. c hev ebYre achor: zed to Yavk nd vY e sty. ers .he E w9111-of(wa'e'. yeaL]ec'. K.•IN. -.vd. u:,rc ac [ached hereto ac Exhlbvt A- c <t... date unl ese othet'.ilue v Fed -. ame::ded by the of w:less e [h -a'.ty [1`Er adopts a FeymauenL Policy for p_:. vent andup elft ... Para : en ced uue Applicant• -acknowledges the rightof the City Engineer, pursuant to thin Bakersfield Municipal Code Chapter 12.20 to revoke thwpermm at anytime. Signature of Applicant (Owner/Agent) Print Name I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT) SUBSTANTIALLY INTERFERE WITH THE USE OF THE PLACE WHERE THE SAME IS TO BE LOCATED AND (2) WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE: SAID APPLICATION IS THEREFORE (GRANTED) (DENIED) Said permit shall expire on date stated above. Signature of City Engineer Additional Terms on the Back u::,b:.: I I:.,�_� Aid:rt1: {rl I. -..:L : Jo:;,•r:F`v_n F6 - EVCk"ACHMEPIT I=gNDa_ ....:; jl.e 'P -N C'O pEPPICK 4:U SPIN C C: 9ERRIL'K !:U 4`.0 MIES: UN STREET SUIIE 400 a50 MiSSI-1 ST'R8E'1SJITE 411 .,.... YFhiP:!_:: _A 94:05 SAN F'RAISIS[C CA 541CS 535-a59s .. r:.. 1415: ude ERCRUACNMEM PERMIT 21I9b6 �� :14ec:dl aetcu —ci .,. .._v.. c hev ebYre achor: zed to Yavk nd vY e sty. ers .he E w9111-of(wa'e'. yeaL]ec'. K.•IN. -.vd. u:,rc ac [ached hereto ac Exhlbvt A- c <t... date unl ese othet'.ilue v Fed -. ame::ded by the of w:less e [h -a'.ty [1`Er adopts a FeymauenL Policy for p_:. vent andup elft ... Para : en ced uue Applicant• -acknowledges the rightof the City Engineer, pursuant to thin Bakersfield Municipal Code Chapter 12.20 to revoke thwpermm at anytime. Signature of Applicant (Owner/Agent) Print Name I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT) SUBSTANTIALLY INTERFERE WITH THE USE OF THE PLACE WHERE THE SAME IS TO BE LOCATED AND (2) WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE: SAID APPLICATION IS THEREFORE (GRANTED) (DENIED) Said permit shall expire on date stated above. Signature of City Engineer Additional Terms on the Back Exhibit A Conditions for Encroachment Permit #19-30000005 Permittee desires to operate a pilot program to evaluate the deployment of Stand-up electric scooters in the City of Bakersfield and to utilize or encroach upon the City's right-of-way to make such scooters available to their customers and as a place for their customers to return such scooters after use. Permittee must follow the following conditions of approval, including but not limited to, appropriate indemnification provisions, insurance requirements and operating requirements during the term of the pilot program. Failure to follow the conditions and provisions outlined below, and/or in Chapter 12.20 of the Bakersfield Municipal Code, may result in the revocation of this encroachment permit and the termination of the pilot program. Indemnity and Insurance 1. Permittee must indemnify, defend, and hold harmless City and City's officers, agents and employees against any and all liability, claims, actions, causes of action, demands, and defense costs (including, without limitation, actual, direct, out-of-pocket costs and expenses. and amounts paid in compromise. settlement, or judgment, and reasonable legal fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative, or investigative) whatsoever against them. or any of them. before administrative or judicial tribunals of any kind whatsoever. arising out of, connected with, or caused by Permittee or Permittee's employees, agents, independent contractors, companies. or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Encroachment Permit inclutling, but not limited to. City's issuance of this Encroachment Permit and any bodily injury including death or damage to property arising out of or in connection with any use, misuse, placement, or mis- placement of any of the Permittee's devices or equipment by any person, whether or not caused in part by a party indemnified hereunder, except to the extent any of the above is based on. or results from. the City's (or its officers'. agents', and/or employees') negligence or willful misconduct. This indemnity will apply to all claims and liability regardless of whether any insurance policies of Permittee. its affiliates. or any other parties are applicable thereto. The policy limits of any insurance of Permittee, its affiliate, or other parties are not a limitation upon the obligation of Permittee. including without limitation, the amount of indemnification to be provided by Permittee. The provisions of this section will survive the termination of this Encroachment Permit. 2. Permittee must procure and maintain at all times during the duration of this Encroachment Permit for the Pilot Program, insurance, with the types and limits of insurance below, against claims for injuries to persons or damages to property that may arise from or in connection with Permittee's use of the encroachment including. but not limited to, any bodily injury including death or property damage to property arising out of or in connection with any use, misuse. placement, or mis-placement of any of the Permittee's devices or equipment by any person at no cost or expense to the City. If the Permittee maintains broader coverage or higher limits than the minimums shown below, the City requires and will be entitled to the broader coverage or higher limits maintained by the Permittee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. All policies required of Permittee must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council. officers, agents, employees, and designated volunteers must be excess of Permittee's insurance and must not contribute with it. The insurance required below, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A- VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by City in writing Failure to maintain insurance coverage, which is required pursuant to this Encroachment Permit, will be deemed a violation of this Encroachment Permit and grounds for its revocation. The City, at its sole option, may terminate this Permit and obtain damages from the Permittee resulting from the violation. a. Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000.000 per occurrence. b. Commercial general liability insurance, unless otherwise approved by City's Risk Manager. providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $5,000,000 per occurrence. $7,000.000 annual aggregate. The policy must: I . Provide contractual liability coverage for the terms of this Agreement, ii. Provide products and completed operations coverage, iii. Provide premises, operations, and mobile equipment coverage; and iv. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. c. Workers' compensation Insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, Permittee must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Encroachment Permit, Permittee is submitting the certification required above. The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. The Permittee may satisfy the minimum liability limits required for commercial general liability or auto liability under an umbrella or excess liability policy as long as the umbrella or excess liability policy has continuing coverage following the commercial general liability or auto liability policies. There is no minimum per occurrence limit of liability under the umbrella or excess liability, however, the annual aggregate limit must not be less than the highest "Each Occurrence' limit for either commercial general liability or auto liability. Permittee agrees to endorse the City as an Additional Insured on the umbrella or excess liability, unless the Certificate of Insurance states that the umbrella or excess liability provides coverage on a "Follow -Form' basis. Parking 3. Stand-up electric scooters must be parked upright on hard surfaces or beside a bicycle rack or in another area specifically designated for bicycle parking. 4. Stand-up electric scooters must not be parked in such a manner as to block the pedestrian clear zone area of the sidewalk, any fire hydrant, call box, or other emergency facility, bus bench, or utility pole or box. 5. Stand-up electric scooters must not be parked in such a manner as to impede or interfere with the reasonable use of any commercial window display or access to or from any building. 6. Stand-up electric scooters must not be parked in such a manner as to impede or interfere with the appropriate use of any bicycle rack or news rack. 7 Stand-up electric scooters may not be parked directly adjacent to or within the following areas, such that access to or use of the area is impeded. a, Landscaping. b. Transit zones, including bus stops, shelters. passenger waiting areas and bus layover and staging zones, except at existing bicycle racks; c. Loading zones: d Disabled parking zone: e. Street furniture that requires pedestrian access (for example, benches, parking pay stations, bus shelters. transit information signs, etc.), f. Curb ramps, g Entryways; and h. Driveways. 8 Permittee may stage its Stand-up electric scooters in permitted parking areas as described in this section. To the extent Permittee desires to stage Stand-up electric scooters in areas other than the public right-of-way (eg. parks, plazas, parking lots, private property, or transit stations), Permittee must first obtain the right to do so from the appropriate City department, property owner, or public agency. Operations 9. Stand-up electric scooters are to be ridden on streets, and where available and not otherwise prohibited, in bike lanes and bike paths. Stand-up electric scooters are to stay to the right of street lanes and to offer the right of way to bicycles in bike lanes and on bike paths, Stand-up electric scooters may not be ridden on certain designated City facilities as determined by the Public Works Director, including, but not limited to, the Rabobank Arena and Convention Center plaza, City -owned parking structures, and the Amtrak station platforms. 10. Stand-up electric scooters must be removed within the timeframes provided herein. Any inoperable or unsafe device must be repaired before it is placed back into service. 11. Permittee must maintain 24-hour customer service for customers to report safety concerns and complaints or to ask questions. Permittee will maintain a multilingual website, call center, and/or mobile app customer interface that is available 24 hours a day. 7 days a week and compliant with the Americans with Disabilities Act. 12 Permittee must respond to requests for rebalancing, reports of incorrectly parked Stand-up electric scooters. or reports of unsafe/inoperable Stand-up electric scooters by relocating, re -parking, or removing the Stand-up electric scooters, as appropriate, within 24 hours of receiving notice. 13. If a Stand-up electric scooter is not relocated, re -parked, or removed within the timeframe specified herein, or any Stand-up electric scooter is parked in one location for more than 72 hours without moving, such Stand-up electric scooters may be removed by City crews and taken to a City facility for storage at the expense of Permittee, not to exceed $20 per Stand-up electric scooter. Education 14. Permittee must provide notice to all users by means of signage and through a mobile or web application that: a. Stand-up electric scooters are to be ridden on streets, and where available and not otherwise prohibited. in bike lanes and bike paths, b. Stand-up electric scooters are to stay to the right of street lanes and offer the right of way to bicycles on bike lanes and bike paths; c Helmets are encouraged for all users and required for minors (to the extent minors are permitted as users) d. Stand-up electric scooters must be parked in designated areas, and e. Riding responsibly is encouraged. 15. Permittee must provide easily visible contact information, including toll-free phone number and/or e-mail address on each Stand-up electric scooter for City employees and/or members of the public to make relocation requests or to report other issues with devices. SKINNIA9 CERTIFICATE OF LIABILITY INSURANCE I 312512019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. YRIS 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If Me certificate holder is an ADDITIONAL INSURED, the POINCY(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 rh,. ,-.H ,*. Ar not —nfar Hnht6 to the rartifiOate holder in lieu of such endorsement(s). Commercial Lines - (213) 337-5400 USI Insurance Services LLC - CA Lid{: OG11911 T 7 S Figuedra St Los Angeles. CA 90017 Skinny Labs Inc.; DBA: Spin 450 Mission Street, Su to 400 San Francisco CA 94105 1 INSURER F I I I CERTIFICATE ND6FPR- 14037708 REVISION NUMBER: See below V 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 CONDRION 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, IILRR TVPEOFIXBUP/�NCE Adtta9aP PODLYNIIIXIER PCUCY EFF POLICY Ed LINT R A X cONNETr .sNEAYLIABYTY LINNSMPGF OCCUR X W595XN5875019 3/812019 3W020 EACHOLCURRENCE s 1Dom.11D PREMSE8 Ca —.-1 E 1CO,es) Men mer) 6 10.0E BAKERSFIELD, CA 93301 PERSON4La ADV1eUURY E 1.baa ] (MILAOWEGATELIMIrAPNESPER' GENERAL PAGREGATE 6 lOWOear PROWCm COMPIOPAGG 6 10000.00V X PoLILY � PERC ❑ Lee S On1ER: A MITON.NLELIAILRY B0595XL55280180D4 3/812019 3/8/2020 COMSI NGLELIMIT Ee E i.mu.ow EDD LY INJURY Far gmnl 6 ANYAUTO BOdLY INJURY (Per amam�q E OKNEO SCHEDULE. AUTO60mY MIFOS X HIRED q NON.OWNED AUTOS ON, AHTOS ONLY PROPER'.. E E U esse Lu e L— OCCUR EACH OCCURRENCE E AGGREGATE E EXCes. LAS CLaMSMaCE 6 .EO RETENTIONS Woressocents IAm"' BTATUTE E EL.EACXACCIOEM E ANDEMPLOYERS' LLMal Y/N gNWRCPRIETORPFRTNEWE%EQUINE EL DISEASE -... b ONRCERMIEMBEREMCLUOEG? X/A nM,,no, In xxl EL. OISEASEPOLICVIM1n S H yeB 1¢anl�unler OESCRIPTgN OF OFERATgN6 EMvx DEB WMMOFWP OXSILOLAnMSIVENCLES (ACORD111.Addkeml Wn sftMEuW, mrybreaeM l—euve—eln4) R. Encroachment Permit #1330000005 horn the Cdy of Bakersfield, California to Skinny labs. Inc. NWa Spin. The City M BeAersfieM, California and its mayor, council, officers, agents, employees, and designated volunteers are named as an additional insured under Commercial General Liability in accordance with the terms and conditions of the policies for activities under contract. The above coverage is primary and noncontributory Where required by written contract. The ACORD name and logo are registered marcs or A60HM LU rase -aura nA.vnM wnr..rN.., r..n. .., nNu,va...w. ACORD 25 (2018103) SHOULD MY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF BAKERSFIELD THE IE PIRAI ON DATE THEREOF, NOTICE WILL BE DELIVERED IN PUBLIC WORKS DEPARTMENT ACCORDANCE WITH THE POLICY PROVISIONS. 1501 TRUXTUN AVE AumOWEDREPRESENTATIVE BAKERSFIELD, CA 93301 The ACORD name and logo are registered marcs or A60HM LU rase -aura nA.vnM wnr..rN.., r..n. .., nNu,va...w. ACORD 25 (2018103) BES Policy Number: B0595XN5875019 Endorsement No. 12 Page 23 of 43 40 BLANKET ADDITIONAL INSUREDS WITH PRIMARY AND NONCONTRIBUTORY WORDING This endorsement modifies insurance under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION II - WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement. (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the "bodily injury" or "property damage"; or (b) the offense that caused the "personal and adveltising injury", for which such additional insured seeks coverage. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Ensurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for "bodily injury", "property damage' or "personal and advertising injury" arising out of: such person or organization's financial control of a Named Insured; or premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises BES Policy Number: B0595XN5875019 Page 24 of 43 A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for "bodily injury', "property damage" or "personal and advertising injury" as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for "bodily injury", "property damage" or "personal and advertising injury" as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the "incurrence" giving rise to such bodily injury "Property damage" or the offense giving rise to such personal and advertising injury" takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such land, provided that the "occurrence" giving rise to such 'bodily injury", "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the'occurnmce" giving rise to such "bodily injury" or "property damage", or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. BES Policy Number: B0595XN5875019 The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. tarn H. State or Governmental Agency or Subdivision or Political Subdivisions - Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect m such state or governmental agency or subdivision or political subdivision's liability for "bodily injury" "property damage" or "personal and advertising injury" arising out of: the following hazards in connection with premises a Named Ensured owns, rents, or controls and to which this insurance applies: a_ the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or C. the ownership, maintenance or use of any elevators covered by this insurance; or the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the sate or govemmental agency or subdivision or political subdivision; or b "Bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the govemmenal entity as an additional insured. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury", "property damage" or "personal and advertising ink -11y" caused by: a. the Named Insured's acts or omissions; or b, the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. LU W",d BES Policy Number: B0595XN5875019 Page 26 of 43 2. The coverage granted by this paragraph does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard". J. Vendor My person or organization but only with respect to such person or organization's liability for 'bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. "bodily injury" or "property damage" for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; C. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that such person or organization 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; f, demonstration, installation, servicing or repair operations, except such operations performed at such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labelled or relabelled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. "bodily injury" or "property damage" arising out of the sole negligence of such person or organization 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: (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to rake in the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. 3. This Paragraph J. also does not apply: to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; BES Policy Number: B0595XN5975019 b. to any of "your products" for which coverage is excluded by endorsement to this Coverage Part nor C. if "bodily injury" or 'property damage' included within the "products -completed operations hazard" is excluded by endorsement to this Coverage Part. K. Other Person Or Organization / Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for "bodily injury", "property damage" or "personal and advertising injury" for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor 2, for "bodily injury" or "property damage" included within the "products -completed operations hazard" except to the extent all of the following apply: a. this Coverage Part provides such coverage; b. the written contract or agreement described in the opening paragraph of this Additional Insureds Endorsement requires the Named Insured to provide the additional insured such coverage; and C. the "bodily injury" or "property damage" results from "your work" that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part. ADDITIONAL INSURED — PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The following paragraph is added to SECTION N, COMMERCIAL GENERAL LIABILITY CONDITIONS, item 4 Other Insurance: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured'a own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this provision, the additional insured'a own insurance means insurance on which the additional insured is a Named Insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. All other terms and conditions of this policy remain unchanged. LU- March 20, 2019 Mr. Nick Fidler City of Bakersfield Public Works Department 1501 Truxtun Ave Bakersfield, CA 93301 Dear Mr. Nick Fidler & City of Bakersfield Staff, Please find signed Spin's signed encroachment permit application to operate shared electric scooters in Bakersfield, The list below details the permit requirements and Spin response to each item. We are currently in conversation with the City of Bakersfield Legal department to address a couple of insurance requirements. Once that's done, I will send you a signed insurance document. I will place the original documents in the mail today. Do not hesitate to reach out to me with any questions or concerns. 1. Permit fees - Please find a Spin's original check for $420.00 submitted with this application. 2. Business License - Spin's business License number: 19-00158454. 1 will send the official business certification once received by the city. 3. Encroachment Permit- Please find attached signed encroachment permit 4. Insurance- Insurance will be sent in a separate email once approved by the City of Bakersfield. Spin is excited to partner with the City of Bakersfield to pilot this emerging technology. We look forward to your response and are available to meet should there be questions about our application or service. Sincerely, _ at ay Director of Government Partnerships CITY OF SAN JOSE QTY OF BUSINESS TAX CERTIFICATE JOSE OSE No. 9083827300 G TAL O SN Vh EY •9083827300* BUSINESS NAME NATURE OF BUSINESS NOOF EMPLOYEES/UNITS/SQ. FT EXPIRATION DATE SKINNY LABS INC OTHER URBAN TRANSIT 1/0/0 02/15/2020 SYSTEMS BUSINESS ADDRESS RECEIPTISSUEDATE TAXDISTRICTNO. TOTALAMOUNTPAID 450 MISSION ST STE 400 03/12/2019 $197.90 This cerfificate is evidence that the person(s), firm, or corporation named hereon has paid the tax required by Chapter 4.76 of the San Jose Municipal Code for the type of business, the business address and for Ne period indicated hereon. This certificate is issued vdlhout veMcabon that the taxpayer is subject to or exempted from licensing by local, stale. Federal or other agencies. Issuance of this cedificate is not an endorsement, nor a certificate Of compliance with other ordinances or lam, nor an assurance that the proposed use is in conformance vi th the City's Building/FirelZonirlg regulations NOTE: IT IS TME BUSINESS OWNERS RESPONSIBILITY TO MAINTAIN A CURRENT BUSINESS TAX CERTIFICATE. This is a receipt for payment NOT an invoice. No remittance Is required. FINNNCE- REVENUE MNiPGEMENT MUST BE Rom FlEr OF. '.GE IN OVMEASHIP, LOCATION OR BUSINESS CLOSURE. MST IN A CONSPICUOUS PNCE NIPUBLICVIEYJ (MUST BE PRESENTED UPON REouEST( THIS BUSINESS TM OEWIFICATE IS NOTTRLHSFERA E OR ASSIGHPffiE RENENNL NOTICE NOT REQUIRED Questions? Yn' Call 4 15-7055 or visit us on our veb site at: vnvv.sanlosera.govARsinesstax 000022 000000188 f+4 1111MIIIIIIII IMIIildyy11111'�IILI11MII111111111'I'I'r11I1 ICs Uy'INER SKINNY LABS INC BUSINESS NAME SKINNY LABS INC MAIL ADDRESS 450 MISSION ST STE 400 SAN FRANCISCO CA 94105-2521 Robert Wilson From: Andreina Cruz Sent: Monday, March 25, 2019 12:13 PM To: Robert Wilson; Jena L. Covey Cc: Steven L Teglia, Nick Fidler; Stuart Patteson; Andrew Haglund Subject: RE: Certificate Of Insurance on behalf of (Skinny Labs Inc.; DBA: Spin ) is attached Good Afternoon Bob, The certificate and additional insured endorsement are good to go Thank you, '4r 1e11ra Graz Accounting Clerk City of Bakersfield -Risk Management 1600 Truxtun Avenue Bakersfield, CA 93301 P: 661-326-3096/ F. 661-852-2030 acruzCdbakersfieldcity. us Security Confidential WARNING/CONFIDENTIAL Tris message lsintended only £or the use of the Individual or entity towhich it Is addressed and may contain information that sprivileged, confidential and exempt from disclosure underappllcaue law- lithe reader of this message is not the intended recipient, orthe employee or aged responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication u strictly prohibited- If you have mceived this communiatlon in error, please return the message m us via return e-mail immediately and delete the message and reply message from your system. `hank you. From: Robert Wilson <rwilson@bakersfieldcity.us> Sent: Monday, March 25, 2019 11:56 AM To: Jena L. Covey <Jcovey@bakersfieldcity.us>; Andreina Cruz <acruz@ bakersfieldcity.us> Cc: Steven L. Teglia <steglia@bakersfieldcity.us>; Nick Fidler <nflidler@bakersflieldcity.us>; Stuart Patteson <spatteso@bakersfleldcity.us>; Andrew Heglund <aheglund@bakersfieldcity.us> Subject: FW: Certificate Of Insurance on behalf of (Skinny Labs Inc.; DBA: Spin ) is attached Importance: High I received the signed EP and fee for Spin this morning. Jena/Andreina please let me know when this certificate is approved. Sob V✓6Ls0ve Supenl(50Y II ctt� efKaleersfitLd PobL6o worles SubdWisCows 661-326-3566 SKINNY LIBS INC. 435 CHINA BASIN S� NO. 421 SAN FRANCISCO, CA 94158 PAY TO THE �'f" „'�,RAYE r•Ll2[d $ ORDER OF -I]—�- J ,�L ,, X1=1 �OU1^ �IL11$ IAS CA S DOLLARS r w t FOR c�iN F�,�I IYI"�p01�-E"" 1r00L4L211- 1:L2L14.03990: 330L4621 -4411x N 9iIV 01 Bakersfield xxx CUSIONER1REe8t EIP0C xOr awer: 1 Door: PCASiRUITA Da25119 33 Receivno: 69550 te'. 31 Vear Nwa6er paount 2019 30000005 BP BUILDING PERNIiS $420.00 tender detail 1112 $420.00 CK CNECN $420.00 Iota) tendered $420.00 iota) vavaent Trans date: 3125119 alae: 12:01.39 ION HELP CONTROL SPM OR NEUTER RIGOR PET. v�l 1112 Im DATE so.aws/tzu PAY TO THE �'f" „'�,RAYE r•Ll2[d $ ORDER OF -I]—�- J ,�L ,, X1=1 �OU1^ �IL11$ IAS CA S DOLLARS r w t FOR c�iN F�,�I IYI"�p01�-E"" 1r00L4L211- 1:L2L14.03990: 330L4621 -4411x N 9iIV 01 Bakersfield xxx CUSIONER1REe8t EIP0C xOr awer: 1 Door: PCASiRUITA Da25119 33 Receivno: 69550 te'. 31 Vear Nwa6er paount 2019 30000005 BP BUILDING PERNIiS $420.00 tender detail 1112 $420.00 CK CNECN $420.00 Iota) tendered $420.00 iota) vavaent Trans date: 3125119 alae: 12:01.39 ION HELP CONTROL SPM OR NEUTER RIGOR PET.