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HomeMy WebLinkAboutA9071 - KINCAID INDUSTRIES, INC.Arthur J. Gallagher Risk Management Services, LLC 45 E River Park Place W, Suite 605 Fresno CA 93720 MDG2024 00007657 02 uhhhr•••uhlhlttththldhll^Itrrdlhhhd s City of Palm Springs Risk Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 RECEIVED JUL 15 2024 OFFICE OF THE CITY CLERK We are providing you with a Certificate of Insurance confirming our client's coverage. Want to get certificates of insurance faster? "Go Green with Gallagher" by receiving digital copies of certificates via e-mail in the future. Or, do you no longer require a certificate of insurance for our client? Please contact us at COI.UpdateMyEmail@AJG.com and provide the following information for processing: 1. Confirmation that a certificate of insurance is no longer required; or 2. E-mail address to send future certificates of insurance in lieu of U.S. Mail delivery 3. Insured Code: KINCIND-01 4. This Certificate Number: 2107143725 To learn more about the Insurance and Risk Management Services offered by Gallagher, please visit us at www.ajg.com/us/about-us/how-we-work/core-360. Gallagher does not share your e-mail as detailed in our privacy policy found at https:// www.ajg.com/us/privacy-policy/. a 0 8 Acoizo® CERTIFICATE OF LIABILITY INSURANCE DATE (MM1VO°YY Y) 1 6/29/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A"CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Jieu.of such endorsement(s). PRODUCER - ' - ' ^ - Arthur J. Gallagher Risk Management Services, LLC 45 E. River Place West Suite 605 NAMEACT : Morgan Schneider PHONE FAX N 559-256-6553 A/c NO), 559-256-6590 nooaess: Morgan Schneider@ajg.com INSURERS AFFORDING COVERAGE NATO Fresno CA 93720 INSURER A: Zurich American Insurance Company 16535 Lice sett 0069293 INSURED KINCINMI INSURER B: Travelers Property Casualty Cc of America 25674 Kincaid Industries Inc. 31065 Plantation Dr. INSURER Or Navigators Specialty Insurance Company 36056 INSURER D: Underwriters at Uo d's London 16792 Thousand Palms„ CA 92276 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 2107143725 .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. ILTH 'TYPE OFINSURANCE AO BR POLICYNUMBER POLICY EFF MWDD/YYV POLICY EXP. MM/DD/YYV LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y GLO 0381243-09 7/l/2024 711/2025 EACH OCCURRENCE $2.000,000 CLAIMS -MADE I OCCUR PREMISES Ea occurrence $1.000.000 MED EXP (Any one person) $10,000 PERSONAL& ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4.000.000. POLICY [5�] jEp7 LOC PRODUCTS-COMPlOPAGG $4,000,000 S OTHER: A OMOSILELIABILITY Y Y BAP 0381244-09 7/1/2024 7/112026 COMBINED SINGLE LIMIT Ea accldeni $2,000,000 BDDILY INJURY(Per person) S ANYAUTO OWNED SCHEDULEDAUTOS ONLY AUTO$ HIRED NON -OWNED ONLY AUTOS ONLY NX BODILY INJURY (Per accident) $ PROPERTYDAMAGEAUTOS Per accident $ B X UMBRELLA LIAB X OCCUR CUPAS810778-24-14F 7/1/2024 7/1/2025 EACH OCCURRENCE $3,000.000 AGGREGATE $3,000,000 EXCESS LIAR CLAIMS -MADE -DEC) I X I RETENTION IT $ I p WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE Yl❑VN OFFICEWMEMBEREXCLUDED? (Mandatory in NH) NIA Y WC 0381242-09 7/1/2024 711/2025 X1 PER STA UTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1.000.000 It Yes. descrbe under DE SCRIPTIONOFOPERATIONSbel. E.L. DISEASE -POLICY LIMIT $1,000,000 D C Professional Uab Polution UablRy ANE1577004.23 SF24ECP3046331C 7/1I2023 711/2024 7/1/2025 71112025 Limit-$1.000.000 Limit '-S2,000,000 Agg - $1,000.000 Agg - $2,000,000 DESCRIPnON OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mom apace is required) When required by written contractor agreement as respects the GL additional insured, primary and waiver of subrogation & Blanket apply per forms UGL 1175FCW 4/13, UGL 1345BCW 4/13 & U-GL-1521-A CW.(10112). When required byy written contract or agreement as respects the Auto additional insured and waiver of subrogation & Blanket apply per form UCA424FCW 4/14 and U-CA-832-A CW (01IT 3). When required by written Contract or agreement as respects the WC blanket waiver of subrogation applies per form WC040306 4/84 See Attached... City of Palm Springs Risk Manager 3200 East Tahquitz Canyon Way Palm Springs CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE t--�a � moo-<u m r•carw a.vnraanvc nc+rv. Nn uyms rosin veu. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 5 AC " AGENCY CUSTOMER ID: KINCIND-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Arthur J. Gallagher Risk Management Services, LLC NAMEDINSURED Kincaid Industnes Inc. 31065 Plantation Dr. Thousand Palms„ CA 92276 POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE, ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE RE: Palm Springs Airport The City of Palm Springs, its officers, officials, employees and volunteers, Marshall Retail Group, LLC its parent, related and affiliated companies and each's successors and assigns, And any other parties which Contractor is required under the Contract Documents, and any other individual or entity required as may become required time to time at the request of Contractor or Owner, and each of the Additional Insureds respective parent, member, related, affiliate or subsidiary companies, officers, directors, shareholders, members, board members, principals, partners, managers, agents, representatives, employees, and each's successors and assigns are added as Additional Insureds as respects General liability and Auto liability policies as required by wdtten contract and only with respects to operations of the named insured, pursuant to and subject to the policy's terms, definitions, Conditions and exclusions. The Insurance provided in the General liability policy is primary and noncontributory as required by written contract and only with respects to operations of the named insured pursuant to and subject to the policy's terms, definitions, conditions and exclusions. Waiver of Subrogation applies to Contractor, Owner and all Additional Insureds, together with their respective parent and affiliate entities, officers, members, agents and employees, and City, its officials, employees, agents and contractors as respects General liability, Auto liability and Workers compensation policies, as required by written contract and only with respects to operations of the named insured, pursuant to and subject to the policy's terms, definitions, conditions and exclusions, Umbrella follows form. RECEIVED JUL 15 2024 OFFICE OF THE CITY CLERK ACORD 101 (2008/01) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD General Liability Supplemental Coverage Endorsement 9 ZURICH Policy No. I Eff. Date of Pol. Exp. Date of PJ Eff. Date of End. Producer No. Add1. Prem Return Prem. (A0038124309 1 7/1/2024 1 7/1/2025 17/1/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following changes apply to this Coverage Part. However, endorsements attached to this Coverage Part will supersede any provisions to the contrary in this General Liability Supplemental Coverage Endorsement, A. Broadened Named Insured 1. The following is added to Section 11—Who Is An Insured: Any organization of yours, other than a partnership or joint venture, which is not shown in the Declarations, and over which you maintain an ownership interest of more than 50% of such organization as of the effective date of this Coverage Part, will qualify as a Named Insured. However, such organization will not qualify as a Named Insured under this provision if it: a. Is newly acquired or formed during the policy period; b. Is also an insured under another policy, other than a policy written to apply specifically in excess of this Coverage Part; or C. Would be an insured under another policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as a Named Insured only while you maintain an ownership interest of more than 50% in the organization during the policy period. 2. The last paragraph of Section II — Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. B. Newly Acquired or Formed Organizations as Named Insureds 1. Paragraph 3. of Section II —Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain an ownership interest of more than 50% of such organization, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180'm day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. An additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. U-GL-1345-B GW (04/13) Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., vMh its permission. 2. The'last paragraph -of Section If —Who Is An Insured does not apply to this provision to fhe extent that'such paragraph would conflict with this provision. C. insuredStatus— Employees Paragraph 2.a.(1) of Section II — Who'Is An Insured is replaced by following: 2. Each of the following is also an insured: - a. Your "volunteer workers" only while performing duties related to the -conduct of your business, or your "employees', other than either your "executive officers" (if you are'an organization otherthan a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), butonlyfor acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees' or "volunteer workers" are insureds for. (1) "Bodily Injury" or "personal and advertisinganjury": (a) To you, to your partners or members'(if you are a partnership orjoint venture); to your members (if you are a limited liability compahy),'to a co -"employee" while in the course of his -or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing_duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence,of Paragraph (1)(a),above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of,his or her providing orfailing to provide professional.health care services. However: Paragraphs (1)(a) and (1)(d) do not apply to your "employees" or "volunteerwotkers", who are not employed by you or volunteering for you as healthcare professionals, for "bodily injury' arising out of "Good Samaritan Acts" while the "employee or "volunteer worker" is performing duties related to the conduct of your business. 'Good Samaritan Acts" mean any assistance of a medical nature rendered or provided in an emergency situation for which no remuneration is demanded or received. Paragraphs (1)(a), (b) and (c) do not apply to any "employee" designated as a supervisor or higher in rank, with respect to "bodily injury" to co -"employees". As used in this provision, "employees' designated as a supervisor or higher in rank means only"employees" who, are authorized by you to exercise direct or indirect supervision occontrol over "employees" or "volunteer workers" and the mannerin which work is performed. D. Additional Insureds — Lessees: of Premises 1, Section II — Who Is An Insured is amended to include as an additional insured any person(s)'or organization(s) who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement, but only wilh,respect to liability arising out of your.ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use,or occupancy of such person or organization or any other tenant or lessee. This provision does not apply after the person or organization ceases to lease or rent premises'from you: However; the insurance afforded to such additional insured: a. Only applies to the extent permitted bylaw; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured: 2. With respect to the insurance afforded to the, additional insureds under this endorsement, the foll6wing1s added to Section III -'Limits Of Insurance: sc.. U-GL-1345-e CW (04/13) Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc.; with Its petmission. The most we will pay on.behalf of the additional Insured is the amount of insurance: a: Required by the written contract or Written agreement referenced in Subparagraph D.I. above (of this endorsement); or' b. Available under the applicable Limits of.lnsurance shown in the Declarations, whichever Is less. This Paragraph D. shall, not.increase the applicable Limits of Insurance shown in the Declarations'. E. Additional Insured —Vendors 1. The following change applies if this Coverage Part,provides insurance to you for "bodily injury" and "property damage" included in the "products -completed operations hazard": Section II — Who Is An Insured is amended,to Include as an additionat;insured any person or organization (referred'to.throughout this Paragraph E. as vendor) who you have agreed in a written contractor written agreement, prior to loss, to name as an additional insured, but only with respect to "bodily injury" or"property damage" arising out of "your products" which are distributed or sold in the regular course of the vendors business: However, the insurance afforded to such vendor: a. Only applies to the'eztent,permitted.by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does.not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical.or chemical change In the product made Intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructionsirom the manufacturer, and then repackaged in the original container, (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation; servicing or repair"operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which,.after distribution or sale by you, have been labeled or relabeled or used as:a container, part or ingredient of any other thing or substance by or for the,vendor; or (8) "Bodily Injury' or "propertydamage"arising out of the sole negligence of the vendor for.its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained In Subparagraphs (4) or(6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the -distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, of any Ingredient, part or container, entering into, accompanying or containing"such products. c. This Insurance -does not apply to any of "your products" for which coverage is excluded under this Coverage Part.. U-GLi7345-131 CW (04113) Page 3.of 12 Includes copyrighted material of Insurance Services Office, Inc, with Its pennisslon: 3. With respect to the insurance afforded to the vendor under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the vendor is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph E.I. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. F. Additional Insured — Managers, Lessors or Governmental Entity 1. Section II — Who Is An Insured is amended to Include as an Insured any person or organization who is a manager, lessor or governmental entity who you are required to add as an additional insured on this policy under a written contract, written agreement or permit, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omission of those acting on your behalf; and resulting directly from: a. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit; b. Ownership, maintenance, occupancy or use of premises by you; or c. Maintenance, operation or use by you of equipment leased to you by such person or organization. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. This provision does not apply: a. Unless the written contractor written agreement has been executed, or the permit has been issued, prior to the "bodily injury", "property damage" or offense that caused "personal and advertising injury"; It. To any person or organization included as an insured under Paragraph 3. of Section li — Who Is An Insured; c. To any lessor of equipment if the "occurrence" or offense takes place after the equipment lease expires; d. To any: (1) Owners or other interests from whom land has been leased by you; or (2) Managers or lessors of premises, If: (a) The "occurrence" or offense takes place after the expiration of the lease or you cease to be a tenant in that premises; (b) The "bodily injury", "property damage" or "personal and advertising injury" arises out of the structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (c) The premises are excluded under this Coverage Part. 3. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: 6 The most we will pay on behalf of the additional insured is the amount of insurance: 8 a. Required by the written contract or written agreement referenced in Subparagraph F.I. above (of this 8 endorsement); or E 0 8 U-GL-1345-8 CW (04/13) 8 Page 4 of 12 Includes copyrighted material of Insurance services Office. Inc., with its permission. b. Available, under the applicable. Limits of Insurance shown in the Declarations, whichever is less. This Paragraph F. shaltnot increase; the applicable Limits of Insurance' shown in the Declarations. G. Damage to Premises Rented, or Occupied by You 1. The last paragraph under- Paragraph 2. Exclusions of Section 1- Coverage. A.— Bodily Injury And Property Damage Liability lareplaced by the following: Exclusions c. through in. do not apply to damageby "specific perils" to premises while rented to you or temporarily occupied by you with permission of the .owner: A separate Damage To Premises Rerlted.To You Limit of Insurance applies to this`coverage as described In Section 111 — Limits, Of Insurance. 2. 'Paragraph 6. of Section III,— Limits Of Insurance is replaced, by the following: 6. Subject to Paragraph 5. above, the Damage To Premises.Rented To You Limit is the most we will -pay under Coverage A for;damages because of "property damage "'to any one premises while rented to you, or in the case of damage by one or more "specific: perils" to any premises, while rented to,you or temporarily occupied by you with permission of the owner. H. Broadened Contractual Liability The "Insuredcontract" definition under the Definitions Section is replaced,by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for lease of premises that indemnifies any person or organization for damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an"insured contract"; b. A sidetrack agreement; c. Any easement, or license agreement;. d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with: work' for a municipality; e. An elevator maintenance agreement; f. Thatpart of any other contract or agreementpertaining to your business (including' an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage", or "personal and advertising injury" arising out of the offenses of false arrest,:detention or imprisonment,' to a third personor organization. Tort liability means aliability that would be imposed,by law in the absence of'an`y contractor agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for Injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve; maps;,shop drawing's, opinions, reports; surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or falling to give them, if that is the primarycause, of the injury or damage; or (2) Under which the insured, if an architect, .engineer or surveyor, assumes liability for an injury or damage. arising out of the' insured's rendering or failure -to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. Definition —Specific Perils ?he following definition is added to the Definitions Section: "SpecificperiW' means: a. Fire; b. Lightning; c., Explosion; U-GL-1345-8 CW (04/13) Page.5 of12 Includes copyrighted material of Insurance Services Office, -Inc., with Its permission: d. Windstorm or hail; e.Smoke; f. Aircratt'orvehide's; g. Vandalism; h. Weight of snow, ice or sleet; 1. Leakage from fire extinguishing equipment, includingsprinklers; or j. ,Accidental discharge or leakage of water or steam'from any part of asystem or appliance. containing water or steam.. J.• Limited,Contractual Liability Coverage = Personal and Advertising Injury 1. Exclusion e.of.Sectionl -:Coverage B — Personal And Advertising Injury Liability is replaced by -.the following: 2. 'Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising: injury" for whic_h'the Insured has assumed liability in a -contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence'of the contract or agreement; or (2) Liability for "personal and advertising injury" if: (a) The'"personal.and advertising injury" arises out of the offenses of false arrest, detention or imprisonment; '(b) The liability,pertains to your business and is assumed in a written; contract or written agreement in which you assume the tort liability of another. Tort liability means a liability that, would be Imposed by law in the absence of anycontract or agreement; and (c) The "personePand advertising injury," occurs subsequent to the execution of the written contract or written agreement: Solely for purposes:of liability so assumed iri such written contract or'written agreement, reasonable attorney fees and, necessary litigation' expenses incurred by or for a party other than an insured are deemed to be damages because of "personal,and advertising injury" described in Paragraph (a) above, provided: (1). Liability to such party for, or, for the cost of, that party's„defense has also been, assumed in the same written contract or written agreement;.and (11) Such attorney fees and litigation expenses are for defense of that party against a civil or 'alternative dispute resolution proceeding in which damages to which this insurance applies are ,alleged. 2. Paragraph 2.d. of Section 1- Supplementary Payments — Coverages A and B is replaced by the following: ` d. The allegations in the "suit"and the information we know.aboufthe, "occurrence" oroffense,are such that no conflict appears to exist between the interests'of the insured andfhe interests'of the indemnitee; 3. The. following is: added to the paragraph directly following Paragraph If. of .Section. I -Supplementary Payments — Coverages Nand B: Notwithstanding the provisions of Paragraph 2.e.(2) of Section 1— Coverage: B - Personal, And Advertising Injury Liability, <'such payments will not be deemed to be damages for "personal and advertising_ 'injury" and will not reduce the limits of insurance: K. Supplementary Payment's .The following.changes apply to `Supplementary Payments." Coverages A and B; Paragraphs l.b. and 1.d. are replaced by the following: U-GL-1345B''rW (04113) Page 6 of 12 .Includes copyrighted material oflnsurance Services Office, Inc..:Win Its permission: Nr y, b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of. any vehicle to which the Bodily Injury Liability Coverage applies. W.e,do not have to furnish thesebonds. d. All reasonable: expenses incurred by the insured at our request to assist us in the investigation or defense of the :claim or "suit", Including actual loss of earnings up to $500 a day because ofdime off from work. L. Broadened Property Damage 1. 'Property. Damage to Contents of Premises Rented Short -Term The paragraph directly. following Paragraph, (6) in Exclusion J. of Section I - Coverage.A.- Bodily Injury And Property Damage Liability Is replacedby thefollowing: Paragraphs (1), (3) and'(4) of this'exclusion do not'apply,to "property damage" to premises (other than damage by. "specific perils"), including "property "damage" to the contents of such',premises, rented to you under a rental agreement for a Period 'of'14,or fewer consecutive days. A separate Limit of Insurance'applles to Damage to Premises Rented to You'as described in Section III —Limits Of Insurance. 2. Elevator Property Damage a. The following' is added to Exclusion j.-of'Section 1 — Coverage A — Bodily injury And Property Damage Liability: Paragraphs (3)rand (4)'of this exclusion do' not apply to "property damage" arising out of the use of an elevator at'prernises you own, rent or occupy. b. The following is added to Section III - Limits Of Insurance: Subject to Paragraph. 5. above, the most, we will pay under Coverage A for damages- because of "property damage" to propertyloaned°to you or personal property in the care, custody or.control of the Insured arising out thevse of an elevatorat premises you own, rent or occupy is$25,000 per "occurrence". 3. Property Damage to Borrowed Equipment a. The following is added to Exclusion j. of Section I — Coverage. A -Bodily Injury And Property Damage Liability: Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow from others site jobsite. b. The following is, added to Section Ill = Limits Of Insurance: Subject to Paragraph 5. above, the mostwe will pay under, Coverage A for damages because of "property damage" to equipment you borrow from others Is $25,000 per "occurrence". M. Expected.cr Intended. Injury or Damage Exclusion a. of Section) — Coverage A —Bodily Injury.And Property! Damage. Liability Is replaced, by the following: a:Expected Or Intended' Injury Or Damage 'Bodily injury"'or "property damage" expected or Intended from the standpoint of the.insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable.force to protect persons or property. N. Definitions — Bodily Injury. The'property damage" definition' under the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained:by a person, )including mental anguish, mental injury, shock, fright or death' sustained by that person which results from that bodily Injury, sickness or disease. O. Insured 'Status - Amateur Athletic Participants' . Section II Who Is An Insured is amended to Include as an insured any you sponsor while participating in amateurathletic activities;. However, no such person is.an Insured for: a. ."Bodily injury" to: .(1) Your "employee", "vafunteer.worker" or anypersogyou sponsoir while participating •in such amateur athletic activities; or ' U-OL-1345-B C4V (04/13) Page 7 of 12 Includesiopydghted material of Insurance Services Office; Inc.,,wlth lie perNssion: (2) You, any partner or member (if you are a partnership or joint venture), or any -member (if you are' limited liability company) while participating in such amateur athletic activities; or b. "Property damage" to property. owned by, occupied or used by, rented to, in the care, custody or control of, or over which the physical control is being exercised for any purpose by: . (1) Your "employee"; "volunteerworker" or any person you sponsor;, or (21 You, any partner or member (if you are a,partnership or joint venture), or any member (if you are a limited liability company). P. Non -Owned Aircraft, Autoand Watercraft Exclusion g. of Section 1- Coverage A —Bodily Injury, And Property Damage Liability is replaced by the following: g. Aticraft,Auto Or Watercraft ."Bodily injury" or "property damage" arising out of the ownership, maintenance, use orentrustmentto others, of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies :even if .the claims against any insured allege ,negligence or other wrongdoing in the supervision, hiring, employment; training or monitoring of others by that insured; if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated byorrented or loaned to, any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises.you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b� Not tieing used to carry persons for 6 charge; -- (31 Parking an "auto" on,or on the ways next to; premises you own orient, provided the, "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or of aircraft or watercraft; (6) An aircraft that is hired or chartered by you or loaned to you, with a paid and licensed crew, and is not owned in whole or in part by ad insured; or (6) "Bodily injury" or "property damage" arising out_of: (a) The operation of machinery or equipment that,is attached to, or part of,a land vehicle that would qualify under the definition of "mobile equipment`' if it were not subject to a compulsory or:financial responsibility law or other motor vehicle insurance law where it is'licensed or principally garaged; or. (b) The operation of any of the machinery orequipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment": Q. Definitions= Leased Worker, Temporary Worker and Labor Leasing Firm 1. The "leased worker" and "temporary worker' .definitions under the Definitions Section are, replaced by the following: "Leased worker" means a- leased to you by a "labor leasingfimi".undera written agreement between you and the "labor leasing firm., to perform duties related to, the conduct of your business: "Leased:worker" does not include a "temporaryworker". "Temporary worker" Means 'a person who is furnished to you to support, or supplement,yourwork force during` "employee" absences,' temporary skill shdrtages, upturns or downturns in business or to meet seasonal or short- a , term workload conditions: "Temporaryworker" does not'include a "leased worker"; S 2. The following definition, .is added to the Definitions Section: "Labor leasing firm" means any person or organization who hires out workers to others, including any: 8 a. Employment agency, contractor.or services; b., 'Professional employer organization;.or U-GL-1345nB CW (041,13) Page li of 12 Includes copydghted.material of lnsurance ServicesOtfice, Inc:; with Its,pennissian: c. Temporary help service. R. Definition —Mobile Equipment Paragraph f. of the 'mobile equipment" definition under the Definitions'Section Is replaced by the following: f. Vehicles, not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons,or cargo. However, self-propelled vehicles with the following types. of ;permanently attached equipment, exceeding a combined gross vehicle weight of 1000. pounds, are not "mobile,eg6IpmenG'"but will be considered "autos": (1) Equipment designed primarily for. (a) Snow removal;. (b) Road maintenance,'but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and,simllat devices mounted on automobile or truck chassis and used; to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cieaning, geophysical exploration, lighting and well servicing equipment. S. Definitions —Your Product and Your Work The "your product" and "your work" definitions under the Definitions Section are replaced by the following: "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: "(a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) ,Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness; quality,;durability, performance, use; handling, maintenance; operation -or safety of "your product"; and '(2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property.rented to or located for the use of others.but not sold. "Your Work": a_ ...Means: (1) "Work, services or operations performed by you or on your behalf; and (2) 'Materials, parts or equipment furnished "in connection with such work; services or operations. b. Includes: ;(1) Warranties or representations made at any time with respect to the fitness, quality, durability„ performance; use, handling, maintenance, operation or safety "your work"; and (2) The providing of or failure to provide warnings or.instructions. Priority Condition The following paragraph is added to Section ill —limits Of Insurance: :U-GL-1345-B rW (04113) -Page 9-of 12 Includes copyrighted material of Insurance Bemices office, Inc..,with Its permission: , in the event a claim is made or "suit" is brought.against more than one insured seektng'damages, because of "bodily injury" or "property damage" caused by the same "occurrence" or "personal and advertising injury"`caused by the same offense, we will apply the Limits of Insurance In the following order, (a) You; '(b) Your "executiveofficers", partners, directors; stockholders, members; managers (if you are a limited liability, company) or "employees'i; and ,(c) Any other insured in any order that we choose. U. Duties In the Event of Occurrence, Offense, Claim or,Su(t Condition The following paragraphs are,added to Paragraph 2. Duties 1nThe. Event.Of Occurrence, Offense, Claim Or Suit of Section IV— Commercial General Liability Conditions., Notice,of an "occurrence" or. . of an offense which.may'resulbin a -claim under this insurance of notice of a claim or "suit" shall be given to us' as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported'to any insured listed under Paragraph 1. of Section 11—Who Is An Insured or an +'employee" authorized 'by you -to give or receive such notice. Knowledge by other. "employees' of an "occurrence", offense, claim or 'suit" does not imply that you also have such knowledge. In the event that an insured reports an "occurrence" to the workers compensation carrier of the Named Insured and this "occurrence" later develops into a Genera( Liability claim, covered bythis;Coverage Part, the insured's failure to report such "occurrence" to us at the time of the ','occurrence"shall not be deemed -to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the, particular claim is a General Liability rather than a Workers Compensationclaim. V. Other Insurance Condition ' Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section' IV —. Commercial Genera( Liability Conditions are__replaced by the foilowi_ng_ 4 Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: , a. Primary Insurance This insurance is, primary except when Paragraph b.. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in'Paragraph c. below. However, this insurance is primary to and All not seek contribution from any other insurance available to an additional insured provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You are required by written contractor written agreement that this insurance.be primaryand not seek, contribution fromany'olher insurance available to -the additional insured. Other insurance includes any type of self insurance or other mechanism by which an iris_ured arranges for funding of its legal liabilities, b. Excessfnsurance (1)=,This insurance is;excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is.property insurance, Builder's Risk, Installation Risk or similar coverage for"your work";. (i1) That is, property insurance purchase d,byyou (including any deductible or self insurance portion thereof):to'cover premises rented to you'octemporarily occupied by you with permission of the owner, (tit) ThatIs insurance purchased byyou'(including any deductibleor self insurance:portion thereof) to cover your liability as. a tenant for"property damage" to premises. rented to you or temporarily occupied by you with permission of She owner; U-GL-1345-B.CW (04n3) Page 10 of 12 Includes copyrighted inatedal of Insurance Services Office, Inc., with Its peimtssiou. EM (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subjectdo Exclusion g. of Section 1- Coverage A —.Bodily Injury And Property Damage Liability; or (v) That Is property Insurance (Including any deductible or self insurance portion thereof)purchased by you cover damage to: Equipment you borrow from others; or Property loaned to you or personal property in the care, custody, or control of the insured arising out of the use of an elevator at premises you own, rent or occupy. (b) Any other primary Insurance (including any. deductible or, self insurance -portion thereof) available to the insured covering liability for damages arising out of the'premises, operations, products, work or services.forwhich the insured has been granted additional insured status either ''policy provision or attachmentof any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. (c) Any of the other insurance, whether primary, excess; contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional Insured -on another policy providing coverage for the. same "occurrence", claim or"'suit". This provision does not'applyto any policy in which the additional insured is a,Nambd Insured on'such other policy and where our policy -is required .by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. W. Unintentional Failure to Disclose All Hazards Paragraph 6. Representations of Section IV Commercial General Liability Conditions is, replaced by the following: 6. Representations By accepting this policy,,you agree: ,a. The statements in the Declarations are accurate and. complete; ,b. Those statements are based upon representations you made to us; and c; We havelssued this policy In reliance upon your representations. Coverage will continue to apply if you. unintentionally: a. Fail to disclose all hazards existing at the inception of this policy; or b. 'Make an error; omission or improper description of premises or other statement of information stated in this ;policy. You must notify us,as:soon as possible after the discovery of any.hazards or any other information that was not provided to us prior to Inception of this: Coverage Part. X. Waiver, of Right of Subrogation Paragraph 8. Transfer Of'Rights'Of Recovery, Against Others To Us of Section IV - Commercial General Liability Conditions is replaced by the following: 8. Transfer Of Rights Of RecoveryAgainst Others To Us a.. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred tows. The insured must do;nothing after loss to impair them. At our request, theinsured will bring "suit" ortransfer those rights, to us and help us enforce them. b. If the insured waives its right to recover payments for injury or damage from another -person or organization in a written contract executed prior to a loss, we waive any right of recovery we may have againstsuch person or organization because of any payment we have made under this Coverage Part. The written contract Will be considered executed when the Insured'sjPerformance begins, orwhen.it is signed, whichever happens first. This waiver of rights shall not construed to be'a waiver with respect to any other operations.in which the insured has no contractual interest. U-GL-1345-B CW (04I13) Pago 11 of 12 .Includes copyrighted material of.Insurdnce Services Office, Inc., with Its pemisslon. N Y. Liberalization Condition The following condition Is added to Section IV — Commercial General Glability Conditions: Liberalization Clause If we:revise this Coverage Part to broaden coverage without an additional premium charge, younpolicy will automatically provide the additional coverage as of the day the revision is,effective in the state;shown,in the mailing address of your policy. All other terms and conditions ofthis,policy remain, unchanged. U-GL-1345-13 Cw(04113) Page•12 of 12 Includes copyrighted material of Insurance Services Office, Inc.;,Witti Its p anlssion: - M CONTRACT ABSTRACT 2 Originals: Agreement; 1 Original: Performance & Payment Bond and Insurance Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Kincaid Industries, Inc. R. Scott Kincaid, President Plumbing Maintenance and Installation Services $300,000 Facilities: 5206570-40105 / Airport: 4157050-40105 April 11, 2022 through April 10, 2025 Contract Administration Lead Department: Contract Administrator: Facilities Maintenance Staci Schafer Contract Approvals Council Approval: Resolution Number: Agreement Number: 4/7/2022 1J A9071 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Yes Yes Yes N/A Contract Prepared By: Procurement and Contracting Submitted on: April 7, 2022 By: Brian Sotak-Rossman DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 1 of 25 CONTRACT SERVICES AGREEMENT A9071 PLUMBING MAINTENANCE AND INSTALLATION SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on April 11, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Kincaid Industries, Inc., a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”. RECITALS A. City requires the services of a licensed plumbing contractor, for plumbing maintenance and installation services, (“Project”). B. Contractor has submitted to City a proposal to provide plumbing maintenance and installation services, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 2 of 25 1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $300,000.00. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice. 3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 3 of 25 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 3 years, commencing on April 11, 2022, and ending on April 10, 2025, unless extended by mutual written agreement of the Parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 4 of 25 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: R. Scott Kincaid (name), President (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner. 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 5 of 25 without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name: Title: R. Scott Kincaid President 5.6 California Labor Code Requirements. A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 6 of 25 judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 8. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 7 of 25 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necess ary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 8 of 25 9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure th at applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 9 of 25 writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: Kincaid Industries, Inc. Attention: R. Scott Kincaid 31065 Plantation Drive Thousand Palms, CA 92276 11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to th e subject matter in this Agreement. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 10 of 25 11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON NEXT PAGE] DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 11 of 25 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND KINCAID INDUSTRIES, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 04/07/2022 Item No. 1J APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique Lomeli, City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 4/11/2022 4/12/2022 Revised 2.9.22 Page 12 of 25 EXHIBIT “A” CONTRACTOR’S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 13 of 25 1.1 Scope of Work: A. Contractor shall furnish labor, materials, equipment, and supervision to perform Plumbing maintenance and installation (Work) on an as-requested basis in city facilities included in this solicitation. The scope shall include, but is not limited to general repairs, troubleshooting, testing, inspecting, trenching, renovation, replacement, installation, and maintenance of a wide range of plumbing equipment, fixtures, and systems, for both residential and commercial interior and exterior facilities. This may include project estimation and budgeting of work. B. All work shall be performed by and billed to the lowest applicable job class level. The majority of the Work requested under this contract is to be performed by one (1) trade person per job. All service shall be performed by personnel who are journeyman level (or equivalent according to industry norms) as described by industry standards. The Contractor must receive prior written approval from the City before assigning more than one (1) trade person per job. On jobs requiring more than three (3) trade persons, the Contractor shall be required to designate one (1) employee to perform the duties and responsibilities of Foreman and that person shall receive compensation as such. C. Response time: The Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours. Emergency responses to include weekends, after-hours, and holidays. D. Correction of work deficiencies: The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing. If the Contractor fails to commence correction of nonconforming work within a seven day period after written notice, the city may correct the deficiencies by other means. In such case, the City may exercise rights and remedies as provided in section 9.4 of agreement. In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work. E. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits. F. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 14 of 25 City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification. Contractor must not store equipment and/or supplies on any City property. G. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance. H. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager. I. Security: The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area. Any items or articles of apparent value found by the Contractor’s personnel in any areas of the building or site shall be turned over to the facility manager or on-site Security. Any suspicious articles that may be found, or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to Police. J. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service op erations under the contract in an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible. City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager. K. Uniforms and face coverings: The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the Contractor. Contractor vehicles must display company logo and name. Contractor must abide by City’s requirements for visiting City buildings, including wearing required face coverings. L. Conduct of contractor’s employees on-site: The following behavior is not allowed on City premises: • Using improper language. • Acting in a loud, boisterous, or otherwise unprofessional manner. • Engaging in harassment or otherwise offensive conduct. DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 15 of 25 • Allowing unauthorized persons, including family and friends, to enter the building or area in which Contractor’s employee is assigned. Visitors must stay in the public lobby until Contractor’s employee arrives. • Opening or going through any City property, including furnishings, or use of City equipment or property. • Theft or aiding in the theft of City property. • Sleeping on the job. • Taking scrap material. • Using tobacco products, including electronic smoking devices, anywhere on City premises. • Using City tools, equipment or supplies without prior authorization. • Possessing firearms or any other weapon, even if legally permitted to carry firearms or other dangerous weapons. • Sexual misconduct, sexual abuse, sexual harassment, as defined by state and/or federal law. Contractor’s employees deemed noncompliant by City will be removed immediately and replaced within twenty-four (24) hours. Contractor’s employees must submit to weapons screening as directed. Contractor’s employees must be able to understand, read and communicate in English under the performance of this Contract. Contractor must observe and comply with all of City’s present and future rules and regulations regarding conduct on the premises. 1.2 Insurance Requirements: The Contractor awarded the Contract shall meet all insurance requirements of the City, including but not limited to, the provisions of personal and property liability, including automobile coverage, and Worker's Compensation, in limits acceptable to the City. 1.3 License Requirement: 1. Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax; 2. Possess any other applicable license required in the performance of these services. 1.4 Term of Contract: The term of this contract will be for three years, with two, one year renewal options upon mutual consent of the City and the Contractor. 1.5 Option to Renew: At the sole discretion of the City, the Contract may be renewed for two one-year options or any portion thereof. If the City exercises its option to extend, the unit prices may be adjusted (decreased or increased) at the beginning of any such renewal period to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureau of Labor Statistics for the Riverside- San Bernardino-Ontario Areas. 1.6 Adjustment of Services: DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 16 of 25 The City reserves the right to reduce or increase, or otherwise adjust the scope of services. 1.7 Pricing: 1. The pricing included in this Contract shall be firm for the first year. 2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas. 3. The City will only pay for the items listed on the bid form, and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items. 1.8 Payment: The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section. 1.9 Invoicing: Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: Facilities.Billing@palmspringsca.gov. 1.10 Special Security Requirements – For Palm Springs Police Department and Palm Springs International Airport: 1. POLICE DEPARTMENT: Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 17 of 25 Contractor. Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency. 2. AIRPORT SECURED ACCESS TO WORK AREAS: a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time. c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows: 1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306. 2) Interference with air navigation; 49 U.S.C. 46308. 3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502. 5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504. 6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b). 10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315. DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 18 of 25 11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314. 12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder. 14) Assault with intent to murder. 15) Espionage. 16) Sedition. 17) Kidnapping or hostage taking. 18) Treason. 19) Rape or aggravated sexual abuse. 20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon. 21) Extortion. 22) Armed or felony unarmed robbery. 23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson. 25) Felony involving a threat. 26) Felony involving: i) Willful destruction of property; ii) Importation or manufacture of a controlled substance; iii) Burglary; iv) Theft; v) Dishonesty, fraud, or misrepresentation; vi) Possession or distribution of stolen property; vii) Aggravated assault; viii) Bribery; or ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year. 27) Violence at international airports; 18 U.S.C. 37. 28) Conspiracy or attempt to commit any of the criminal acts listed. 3. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor, or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel. DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 19 of 25 Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site. All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attending SIDA training and completing security badge application. Attendance of the video-based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00. 4. Violations - All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges. DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 20 of 25 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 21 of 25 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 22 of 25 EXHIBIT “B” INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 23 of 25 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: _________ required ___X____ is not required; 4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 24 of 25 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 Revised 2.9.22 Page 25 of 25 D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability. DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 DocuSign Envelope ID: 2AE3E3A4-2BA2-4738-A679-CF52E5A1DBA6 A 9- 07j CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD YVYY) B123/2022 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 If SUBROGATION IS WAIVED, subject to the terms and conditions of t PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA, Inc. LIC#0726293 45 E. River Park Place W, Ste 605 Fresno CA 93720 RECEIVED INSURED JUL V 0 LUZL KIN Kincaid Industries, Inc. 31065 Plantation Dr. Thousand Palms CA 92276 Office of the City Clerk I must have ADDITIONAL INSURED provisions or be endorsed. certain policies may require an endorsement. A statement on at Company COVERAGES CERTIFICATE NUMBER: 1586701390 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. INSP Cy �y ow- LTR TYPE OF INSURANCE POLICY WINNER VF&U ID/Y1' LABS A X COAMERGALGENERALLIABILITY Y Y GLO 0381243-07 7/112022 7112023 EACH OCCURRENCE 81,000.000 CLAIMS -MADE x OCCUR DAMAGE TO RE PREMISES Ea occurrr c 1 000,GOD MED EXP (Any onePerson) $10,000 PERSONAL &ADV INJURY $1.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 I POLICY T jpCT LOC PRODUCTS-COMP/OP AGO $2,000,000 6 OTHER: A AUTOMOBILELL4J31UTY Y Y BAP 0381244-07 7112022 7/12023 OMBIN DSINGLE LIMIT f1,000,000 BODILY INJURY(Perpsrscn) i X ANY AUTO OWNED SCHEDULED AUTOSONLY AUTOS BODILY INJURY (Per swidve) 6 HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE n 6 _ $ B X UMBRELLALIAB X OCCUR CUP-ISS10778-22-NF 7112022 711=23 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION 6 A WORXERSCOMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETORIPARTNER(EXECUTIVE OFFICERMEMSEREXCLUDED7 NIA Y WC 0361242-07 7/112022 7/12023 X I RkNTUTE I I R E.L. EACH ACCIDENT $1,000000 E.L. DISEASE - EA EMPLOYEE $1 000 000 (Mandstory In NH) Ilyes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $1,000,000 C Professional Use D Pollueon Uablllfy ANE1577004.22 SF22ECP3046331C 7/112022 7112023 uma-$1,oa0,0o0 7/1/2022 7112023 Unit -$2.0000D0 Agg - $1,000,000 Agg - $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD /01, Additional Remarks Schedule, may be enriched If more space Is regaled) When required by written contract or agreement as respects the GL additional insured, primary and waiver of subrogation & Blanket apply per forms UGL 1175FCW 4/13, UGL 1345BCW 4/13 & U-GL-1521-A CW (10/12). When reqGuired b y, written contract or agreement as respects the Auto additional insured and waiver of subrogation & Blanket apply per form UCA424FCW 4114 and U-CA-832-A CW (O7/13). When required by written contract or agreement as respects the WC blanket waiver of subrogation applies per form WC040306 4184 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Palm Springs ACCORDANCE WITH THE POLICY PROVISIONS. Procurement & Contracting Department 3200 E. Tahquitz Canyon Way Palm Springs CA 92282 USA AUTHORIZED REPRESENTATIVE • - /a f�J• _4- 01968.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 2' of 26 2209 0 Coverage Extension Endorsement ZURICH Policy No. I Eff. Date of Pol. Exp. Date of Pol. I Eff. Date of End. I Producer No. Add'I. Prem Return Prem. BAP0381244-07 7/1/2022 7/1/2023 7/1/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A 1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW ("14) Page 1 of 6 Includes copyrighted material of Insurance services Office, Inc., with Its permission. 3-or 26 2209 C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total 'loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered .,auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type Is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW (04114) Page 2 of 6 Includes copyrighted material of Insurance services Office, Inc„ with its permission, a• of 2s 2209 (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto" (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 8.4.a. of Section III — Physical Damage Coverage In the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F CW (04/14) Page 3 of 6 Includes copyrighted material of Insurance services Office. Inc., with Its permission. 5- of 25 2209 K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph BA.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss'; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA424-F CW (04f14) Page 4 of 6 Includes copyrighted material of Insurance services Office, Inc., with Its permissione• of 26 2209 agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the Insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Fonn and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto— World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodlly Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA424-F CW (04114) Page 5 of 6 Includes copyrighted material of Insurance services Office, Inc., with its permission. r of 26 2209 U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section 11- Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage -Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III - Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW (04114) Page 6 of 6 Includes copyrighted material of Insurance services Office. Inc„ with its permission. a• 02s 2209 Blanket Notification to Others of Cancellation or Non -Renewal 0 ZURICH Policy No. I Eff. Date of Pol. I Exp. Date of Col. I Eff. Date of End. I Producer No. I _ Add'I. Prom I Return Prern B&P0381244-07 7/1/2022 I7/1/2023 17/1/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, If cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date: 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of Information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CW (01/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., Wth Its permission. s•or 28 2209 9 Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors Policy No I Eff, Date of Pol. I Exp. Date of Pol. I Eff. Date of End. I Producer No. Add 1. Prem Return Prem. GL00381243-07 '7/1/2022 7/1/2023 7/1/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Kincaid Industries, Inc. Address (Including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 11-GL-1175-F CW (04113) Page 1 of 2 Includes copyrighted material of Insurance services Office, Inc.. with its permission. 10• or 26 2209 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution From any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW (04113) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 11•of26 2209 a General Liability Supplemental Coverage Endorsement ZURICH Policy No. I Eff. Date of Pol. I Exp. Dale of Pol. I Eff. Date of End. I Producer No. I Add 1. Prem Return Prem. GL00381243-07-7/1/2022 J 7/1/2023 7/1/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following changes apply to this Coverage Part. However, endorsements attached to this Coverage Part will supersede any provisions to the contrary in this General Liability Supplemental Coverage Endorsement. A. Broadened Named Insured 1. The following is added to Section II — Who Is An Insured: Any organization of yours, other than a partnership or joint venture, which is not shown in the Declarations, and over which you maintain an ownership interest of more than 50% of such organization as of the effective date of this Coverage Part, will qualify as a Named Insured. However, such organization will not qualify as a Named Insured under this provision if it: a. Is newly acquired or formed during the policy period; b. Is also an insured under another policy, other than a policy written to apply specifically in excess of this Coverage Part; or C. Would be an insured under another policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as a Named Insured only while you maintain an ownership interest of more than 50% in the organization during the policy period. 2. The last paragraph of Section 11— Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. B. Newly Acquired or Formed Organizations as Named Insureds 1. Paragraph 3. of Section 11 —Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain an ownership interest of more than 50% of such organization, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180t" day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. An additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. U-GL-1345-8 CW (04/13) Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc.. with Its permission. IT or 26 2209 2. The last paragraph of Section II - Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. C. Insured Status - Employees Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced by the following: 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described In Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However: Paragraphs (1)(a) and (1)(d) do not apply to your "employees" or "volunteer workers", who are not employed by you or volunteering for you as health care professionals, for "bodily injury" arising out of "Good Samaritan Acts" while the "employee" or "volunteer worker" is performing duties related to the conduct of your business. "Good Samaritan Acts" mean any assistance of a medical nature rendered or provided in an emergency situation for which no remuneration is demanded or received. Paragraphs (1)(a), (b) and (c) do not apply to any "employee" designated as a supervisor or higher in rank, with respect to "bodily injury" to co -"employees". As used in this provision, "employees" designated as a supervisor or higher in rank means only "employees" who are authorized by you to exercise direct or indirect supervision or control over "employees" or "volunteer workers" and the manner in which work is performed. D. Additional Insureds - Lessees of Premises 1. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. This provision does not apply after the person or organization ceases to lease or rent premises from you. However. the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III - Limits Of Insurance: U-GL-1345-a CW (04113) Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc.. with its permission, 13.026 2209 The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph D.I. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured — Vendors 1. The following change applies if this Coverage Part provides insurance to you for "bodily injury" and "property damage" included in the "products -completed operations hazard": Section II — Who Is An Insured is amended to include as an additional insured any person or organization (referred to throughout this Paragraph E. as vendor) who you have agreed In a written contract or written agreement, prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business: However, the insurance afforded to such vendor: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This insurance does not apply to any of "your products" for which coverage is excluded under this Coverage Part. U-GL-1345-6 CW (04113) Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc,, with its permission, 14' 0 26 2209 3. With respect to the insurance afforded to the vendor under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the vendor is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph E.1. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. F. Additional Insured — Managers, Lessors or Governmental Entity 1. Section II —Who Is An Insured is amended to include as an insured any person or organization who is a manager, lessor or governmental entity who you are required to add as an additional insured on this policy under a written contract, written agreement or permit, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omission of those acting on your behalf; and resulting directly from: a. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit; b. Ownership, maintenance, occupancy or use of premises by you; or c. Maintenance, operation or use by you of equipment leased to you by such person or organization. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. This provision does not apply: a. Unless the written contract or written agreement has been executed, or the permit has been issued, prior to the "bodily injury", "property damage" or offense that caused "personal and advertising injury"; b. To any person or organization included as an Insured under Paragraph 3. of Section II — Who Is An Insured; c. To any lessor of equipment if the "occurrence" or offense takes place after the equipment lease expires; d. To any: (1) Owners or other interests from whom land has been leased by you; or (2) Managers or lessors of premises, if: (a) The "occurrence" or offense takes place after the expiration of the lease or you cease to be a tenant in that premises; (b) The "bodily injury", "property damage" or "personal and advertising injury" arises out of the structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (c) The premises are excluded under this Coverage Part. 3. With respect to the insurance afforded to the additional Insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph F.I. above (of this endorsement); or U-GL-1345-B CW (04/13) Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 15.02e 2209 b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph F. shall not increase the applicable Limits of Insurance shown in the Declarations. G. Damage to Premises Rented or Occupied by You 1. The last paragraph under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through In. do not apply to damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Section III — Limits Of Insurance. 2. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by one or more "specific perils" to any one premises, while rented to you or temporarily occupied by you with permission of the owner. H. Broadened Contractual Liability The "insured contract" definition under the Definitions Section is replaced by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury". "property damage", or "personal and advertising injury" arising out of the offenses of false arrest, detention or imprisonment, to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. I. Definition — Specific Perils The following definition is added to the Definitions Section: "Specific perils" means: a. Fire; b. Lightning; c. Explosion; U-GL-1345-a CW (04113) Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc, with its permission, 16' or 26 2209 d. Windstorm or hail; e. Smoke; f. Aircraft or vehicles; g. Vandalism; h. Weight of snow, ice or sleet; i. Leakage from fire extinguishing equipment, including sprinklers; or j. Accidental discharge or leakage of water or steam from any part of a system or appliance containing water or steam. J. Limited Contractual Liability Coverage — Personal and Advertising Injury 1. Exclusion e. of Section I — Coverage B — Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for "personal and advertising injury" if: (a) The "personal and advertising injury" arises out of the offenses of false arrest, detention or imprisonment; (b) The liability pertains to your business and is assumed in a written contract or written agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; and (c) The "personal and advertising injury" occurs subsequent to the execution of the written contract or written agreement. Solely for purposes of liability so assumed in such written contract or written agreement, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury" described in Paragraph (a) above, provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same written contract or written agreement; and (it) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of Section I — Supplementary Payments — Coverages A and B is replaced by the following: d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; 3. The following is added to the paragraph directly following Paragraph 2.f. of Section I — Supplementary Payments — Coverages A and B: Notwithstanding the provisions of Paragraph 2.e.(2) of Section I — Coverage B — Personal And Advertising Injury Liability, such payments will not be deemed to be damages for "personal and advertising injury" and will not reduce the limits of insurance. K. Supplementary Payments The following changes apply to Supplementary Payments — Coverages A and B: Paragraphs 1.b. and 1.d. are replaced by the following: U-GL-1345-B CW (04113) Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 17- 0 2s 2209 b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. L. Broadened Property Damage 1. Property Damage to Contents of Premises Rented Short -Term The paragraph directly following Paragraph (6) in Exclusion J. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to premises (other than damage by "specific perils"), including "property damage" to the contents of such premises, rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section III - Limits Of Insurance. 2. Elevator Property Damage a. The following is added to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising out of the use of an elevator at premises you own, rent or occupy. I The following is added to Section III - Limits Of Insurance: Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy is $25,000 per "occurrence'. 3. Property Damage to Borrowed Equipment a. The following is added to Exclusion j. of Section 1 - Coverage A - Bodily Injury And Property Damage Liability: Paragraph (4) of this exclusion does not apply to "property damage' to equipment you borrow from others at a jobsite. b. The following is added to Section III - Limits Of Insurance: Subject to Paragraph S. above, the most we will pay under Coverage A for damages because of "property damage" to equipment you borrow from others is $25,000 per "occurrence'. I Expected or Intended Injury or Damage Exclusion a. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. I Definitions- Bodily Injury The "property damage' definition under the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death sustained by that person which results from that bodily injury, sickness or disease. O. Insured Status - Amateur Athletic Participants Section II - Who Is An Insured is amended to include as an insured any person you sponsor while participating in amateur athletic activities. However, no such person is an insured for: a. 'Bodily injury' to: (1) Your "employee', "volunteer worker" or any person you sponsor while participating in such amateur athletic activities; or U-GL-1345-B CW (04113) Page 7 of 12 Includes copyrighted material of Insurance services Office, Ina, with its permission. 18' or 26 Me (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company) while participating in such amateur athletic activities; or b. 'Property damage" to property owned by, occupied or used by, rented to, in the care, custody or control of, or over which the physical control is being exercised for any purpose by: (1) Your "employee", "volunteer worker or any person you sponsor; or (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). P. Non -Owned Aircraft, Auto and Watercraft Exclusion g. of Section 1— Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: g. Aircraft, Auto Or Watercraft "Bodily Injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto' or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and 'loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto' or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto' on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract' for the ownership, maintenance or use of aircraft or watercraft; (5) An aircraft that is hired or chartered by you or loaned to you, with a paid and licensed crew, and is not owned in whole or in part by an insured; or (6) 'Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment' If it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph Li or f.(3) of the definition of "mobile equipment". Q. Definitions — Leased Worker, Temporary Worker and Labor Leasing Firm 1. The 'leased worker" and "temporary worker' definitions under the Definitions Section are replaced by the following: "Leased worker" means a person leased to you by a 'labor leasing fine" under a written agreement between you and the "labor leasing firm", to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 'Temporary worker' means a person who is furnished to you to support or supplement your work force during "employee" absences, temporary skill shortages, upturns or downturns in business or to meet seasonal or short- term workload conditions. 'Temporary worker' does not include a 'leased worker'. 2. The following definition is added to the Definitions Section: "Labor leasing firm" means any person or organization who hires out workers to others, including any: a. Employment agency, contractor or services; b. Professional employer organization; or U-GL-1345-a CW (04113) Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission is' of 26 2209 c. Temporary help service. R. Definition —Mobile Equipment Paragraph f. of the "mobile equipment" definition under the Definitions Section is replaced by the following: f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment, exceeding a combined gross vehicle weight of 1000 pounds, are not "mobile equipment' but will be considered "autos": (1) Equipment designed primarily for. (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. S. Definitions —Your Product and Your Work The "your product" and "your work" definitions under the Definitions Section are replaced by the following: "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. "Your work": a. Means: (1) Work, services or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work, services or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your work"; and (2) The providing of or failure to provide warnings or instructions. T. Priority Condition The following paragraph is added to Section III — Limits Of Insurance: U-GL-1345-a CW (04113) Page 9 of 12 Includes copyrighted material of Insurance Services Office. Inc.. with its permission. 20' of 26 2209 In the event a claim is made or "suit" is brought against more than one insured seeking damages because of "bodily injury" or "property damage" caused by the same "occurrence" or "personal and advertising injury" caused by the same offense, we will apply the Limits of Insurance in the following order: (a) You; (b) Your "executive officers", partners, directors, stockholders, members, managers (if you are a limited liability company) or "employees"; and (c) Any other insured in any order that we choose. U. Duties in the Event of Occurrence, Offense, Claim or Suit Condition The following paragraphs are added to Paragraph 2, Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: Notice of an 'occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to any insured listed under Paragraph 1. of Section 11— Who Is An Insured or an "employee" authorized by you to give or receive such notice. Knowledge by other "employees" of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge. In the event that an insured reports an "occurrence" to the workers compensation carrier of the Named Insured and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. V. Other Insurance Condition Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV — Commercial General Liability Conditions are replaced by the following: 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: (1) The additional Insured is a Named Insured under such other insurance; and (2) You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (1) That is property insurance, Builder's Risk, Installation Risk or similar coverage for "your work"; (it) That is property insurance purchased by you (including any deductible or self insurance portion thereof) to cover premises rented to you or temporarily occupied by you with permission of the owner; (ill) That is insurance purchased by you (including any deductible or self insurance portion thereof) to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; U-GL-1345-B CW (04113) Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 21' 0 26 2209 (Iv) If the toss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; or (v) That is property insurance (including any deductible or self insurance portion thereof) purchased by you to cover damage to: Equipment you borrow from others; or Property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy. (b) Any other primary insurance (including any deductible or self insurance portion thereof) available to the insured covering liability for damages arising out of the premises, operations, products, work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. (c) Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", claim or "suit", This provision does not apply to any policy in which the additional Insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. W. Unintentional Failure to Disclose All Hazards Paragraph 6. Representations of Section IV — Commercial General Liability Conditions is replaced by the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: a. Fail to disclose all hazards existing at the inception of this policy; or b. Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. X. Waiver of Right of Subrogation Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions is replaced by the following: 8. Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. It. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss, we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured's performance begins, or when it is signed, whichever happens first. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-1345-B CW (04113) Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 22' of 28 2209 Y. Liberalization Condition The following condition is added to Section IV — Commerclal General Liability Conditions: Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy. All other terms and conditions of this policy remain unchanged. U-GL-1345-B CW (04/13) Page 12 of 12 Includes copyrighted material of Insurance Services Office, Ina, with Its permission. 23' 0 26 2209 0 Blanket Notification to Others of Cancellation ZURICH or Non -Renewal Policy No. Eff. Date of Pol. I Exp. Date of Pol. I Eff. Date of End. Producer No. Add]. Pram Return Prom. M00381243-07'7/1/2022 7/1/2023 17/1/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mall or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-GL-1521-A CW (10112) Page 1 of 1 Includes copyrighted material of Insurance services Office, Inc., with its permission. 24. of 26 22aa WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA This endorsement changes the policy to which it is attached effective on the 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 on 7/1/2022 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. WC 0381242-07 Endorsement No. of the Zurich American Insurance Company (NAME OF INSURANCE COMPANY) issued to Kincaid Industries, Inc. Premium (if any) $ Authorized Representative 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. The additional premium for this endorsement shall be 0 premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT WC 252 (4-84) WC 04 03 06 (Ed. 4-84) % of the California workers' compensation Job Description Page I of I 25•02e 22o9 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non -renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non -renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non -renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non -renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non -renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non -renewal date; b. Negate the cancellation or non -renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise slated. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 7/1/2022 Policy No. WC 0381242-07 Endorsement No. Insured Premium $ Insurance Company Zurich American Insurance Company WC 99 06 43 Pago 1 of 1 (Ed. 01-13) Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. C 2012 Copyright National Council on Compensation Insurance, Inc. All Rights Reserved. 26' of 26 2209 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 45 E. River Park Place W, Ste 605 Fresno, CA 93720 2209 5 MB 1.688 Illul'�'�II'I�'�I"II'�"III'�I'I�II�IJ"II'��I'I"I��I�hll��l CITY OF PALM SPRINGS PROCUREMENT & CONTRACTING DEPARTMENT 3200 E TAHOUITZ CANYON WAY 2209 PALM SPRINGS, CA 92262-6959 We are providing you with a Certificate of Insurance confirming our client's coverage. Want to get certificates of insurance faster? "Go Green with Gallagher" by receiving digital copies of certificates via e-mail in the future. Or, do you no longer require a certificate of insurance for our client? Please contact us at COI.0 dp ateMyEmai]OAJG.com and provide the following information for processing: 1. Confirmation that a certificate of insurance is no longer required; or 2. E-mail address to send future certificates of insurance in lieu of U.S. Mail delivery 3. Insured Code found in the Insured section on the enclosed certificate. An example of this code is XXXXXX-01 4. This Certificate Number: 1586701390 To learn more about the Insurance and Risk Management Services offered by Gallagher, please visit us at www,4*g.com/us/about-us/how-we-work/core-360. Gallagher does not share your e-mail as detailed in our privacy policy found at httpS://www.ajg.com/us/privacyyolicy//. i • of 26 2209 File: 10692583 (CA PV) Notice Requested by: 9 -7 / Customer: Customer #: KINCAID INDUSTRIES, INC 5938 / Trebor Shoring Rentals f Job Name: CO GEN WATER LOOP BREAK 17200 N. Perimeter. Ste 102 Job# / PO#: 423031 / 56678 Scottsdale , AZ 85255 480-361-8452 Cent #: 9314 8898 8030 0067 0079 39 APN #: PRELIMINARY NOVICE This is not a lien. This is not a reflection on the integrity of any contractor or subcontractor, but the notice prescribed in California Civil Code Sections 8102, 8200, et seq., 9300, et seq. TO OWNER OR REPUTED OWNER(SNPUBLIC ENTITY The following is a general description of the labor, service, CITY OF PALM SPRINGS equipment or materials furnished or to be furnished: 3200 E TAHQUITZ CANYON WAY Construction Equipment Rental PALM SPRINGS, CA 92262 Estimated Price: $5,000.00 TO DIRECT CONTRACTOR The name of the person who furnished that labor, service, equipment or materials is: KINCAID INDUSTRIES, INC Trebor Shoring Rentals 31-065 PLANTATION DRIVE 17200 N. Perimeter. Ste 102 TTHOUSAND PALMS, CA 92276 Scottsdale , AZ 85255 480-361-8452 7HOUSAND Date labor, service, equipment or materials first fumished: 2/282023 TO LENDER/SURETY The name of the person who contracted for purchase of that labor, service, equipment or material is: Advised No Lender KINCAID INDUSTRIES, INC 31A65 PLANTATION DRIVE, Bond/Loan # THOUSAND PALMS, CA 92276 The description of the jobsite is: CO GEN WATER LOOP BREAK #423031 E TAHQUITZ CANYON WAY & EL CIELO, PALM SPRINGS, CA 92262 NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. Dated: 3/20/2023 (� i By. ) v - Laura Pavey / CRF Solutions Authorized Agent For: Trebor Shoring Rentals PROOF OF NOTICE DECLARATION I declare that I served a copy of the above Preliminary Notice, and any related documents, by (as required by law) first-class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, on 3/20/2023. I declare under penalty of perjury that the foregoing is true and correct. Executed at Simi Valley, CA on 3/20/2023. RECEIVED MAR 2 2 2023 By: Laura Pavey / Lien Administrator City Hall Recenfion Desk File: 13812231 (CA PV) ,Notice Requested by: Trebor Shoring Rentals 17200 N. Perimeter. Ste 102 Scottsdale, AZ 85255 480-361-8452 Customer: KINCAID INDUSTRIES, INC Customer #: 5938 / Job Name: PS HOT WATER LEAK #5 Job# / PO#: 424035 / 57487 Cert #: 9314 8898 8030 0072 9785 07 APN #: PRELIMINARY NOTICE This is not a lien. This is not a reflection on the integrity of any contractor or subcontractor, but the notice prescribed in California Civil Code Sections 8102, 8200, et seq., 9300, et seq. TO OWNER OR REPUTED OWNER(S)/PUBLIC ENTITY CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 TO DIRECT CONTRACTOR KINCAID INDUSTRIES, INC 31-065 PLANTATION DRIVE THOUSAND PALMS, CA 92276 760-343-5457 TO LENDER/SURETY Advised No Lender Bond/Loan # See Evhibit B for Additional Legal Parties The following is a general description of the labor, service, equipment or materials furnished or to be furnished: Construction Equipment Rental Estimated Price: $10,000.00 The name of the person who furnished that labor, service, equipment or materials is: Trebor Shoring Rentals 17200 N. Perimeter. Ste 102 Scottsdale , AZ 85255 480-361-8452 Date labor, service, equipment or materials first furnished: 2/12/2024 The name of the person who contracted for purchase of that labor, service, equipment or material is: KINCAID INDUSTRIES, INC 31-065 PLANTATION DRIVE, THOUSAND PALMS, CA 92276 The description of the jobsite is: PS HOT WATER LEAK #5 #424035 EL CIELO RD & TAHQUITZ CYN WAY, 209 EL CIELO RD PALM SPRINGS, CA 92262 NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwellin¢ containing four or fewer units. Dated: 2/28/2024 By: Laura Pavey / CRF Solutions Authorized Agent For: Trebor Shoring Rentals PROOF OF NOTICE DECLARATION I declare that I served a copy of the above Preliminary Notice, and any related documents, by (as required by law) first-class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, on 2/28/2024.1 declare under penalty of perjury that the foregoing is true and correct. Executed at Simi Valley, CA on 2/28/2024. RECEIVED MAR 0 4 2024 City Hall Reception Desk Laura Pavey / Lien Administrator EXHIBIT B - OTHER LEGAL PARTIES PROJECT: PS HOT WATER LEAK 45 FILE #: 13812231 Other Owner CITY OF PALM SPRINGS PO BOX 2743 PALM SPRINGS CA 92263 Construction Notice Department P.O. Box 1389 Simi Valley, CA 93062 Address Service Requested 2/28/2024 CITY OF PALM SPRINGS 111111111111I TBR480 13812231 3200 E TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 IMPORTANT NOTICE PLEASE READ CAREFULLY Enclosed you will find a notice that is being sent to you on behalf of Trebor Shoring Rentals in regards to the construction project known as PS HOT WATER LEAK #5 424035 and located at EL CIELO RD & TAHQUITZ CYN WAY 209 EL CIELO RD, PALM SPRINGS, CA 92262. PO # 57487. It is important to note that this notice is not a lien nor a claim on a bond. This is a routine procedure to comply with certain state requirements that may exist and should not reflect in any way on the integrity or credit standing of any of the known interested parties associated with this job. Our records indicate the following parties are associated with this job: OWNER: CITY OF PALM SPRINGS PALM SPRINGS, CA GENERAL/DIRECT/ORIGINAL CONTRACTOR: KINCAID INDUSTRIES, INC THOUSAND PALMS, CA LENDER/SURETY: Please advise if Lender applicable If any of this information is incorrect, or you are not associated with this job, please contact us immediately at myjobinfo@crfsolutions.com Please use this number, 13812231 in your email subject line. Thank you, CRF Solutions I A9Oil File: 13812231 (CA PV) Notice Requested by: Trebor Shoring Rentals 17200 N. Perimeter. Ste 102 Scottsdale, AZ 85255 480-361-8452 Customer: KINCAID INDUSTRIES, INC Customer #: 5938 / Job Name: PS HOT WATER LEAK 45 Job# / PO#: 424035 / 57487 Cert 4: 9314 8898 8030 0072 9785 14 APN #: PRELINUNARY NOTICE This is not a lien. This is not a reflection on the integrity of any contractor or subcontractor, but the notice prescribed in California Civil Code Sections 8102, 8200, et seq., 9300, et seq. TO OWNER OR REPUTED OWNER(S)/PUBLIC ENTITY CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 TO DIRECT CONTRACTOR KINCAID INDUSTRIES, INC 31-065 PLANTATION DRIVE THOUSAND PALMS, CA 92276 760-343-5457 TO LENDER/SURETY Advised No Lender Bond/Loan # See Exhibit B for Additional Legal Parties The following is a general description of the labor, service, equipment or materials furnished or to be furnished: Construction Equipment Rental Estimated Price: $10,000.00 The name of the person who furnished that labor, service, equipment or materials is: Trebor Shoring Rentals 17200 N. Perimeter. Ste 102 Scottsdale, AZ 85255 480-361-8452 Date labor, service, equipment or materials first furnished: 2/12/2024 The name of the person who contracted for purchase of that labor, service, equipment or material is: KINCAID INDUSTRIES, INC 31-065 PLANTATION DRIVE, THOUSAND PALMS, CA 92276 The description of the jobsite is: PS HOT WATER LEAK #5 #424035 EL CIELO RD & TAHQUITZ CYN WAY, 209 EL CIELO RD PALM SPRINGS, CA 92262 NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. Dated: 2/28/2024 By: Laura Pavey / CRF Solutions Authorized Agent For: Trebor Shoring Rentals PROOF OF NOTICE DECLARATION I declare that I served a copy of the above Preliminary Notice, and any related documents, by (as required by law) first-class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, on 2/28/2024. 1 declare under penalty of perjury that the foregoing is true and correct. Executed at Simi Valley, CA on 2/28/2024. By: RECEIVED MAR 0 4 2024 City Hall Reception Desk Laura Pavey / Lien Administrator 0 Construction Notice Department P.O. Box 1389 Simi Valley, CA 93062 Address Service Requested 2/28/2024 CITY OF PALM SPRINGS PO BOX 2743 PALM SPRINGS, CA 92263 11111111111111 TBR480 13812231 IMPORTANT NOTICE PLEASE READ CAREFULLY Enclosed you will find a notice that is being sent to you on behalf of Trebor Shoring Rentals in regards to the construction project known as PS HOT WATER LEAK #5 424035 and located at EL CIELO RD & TAHQUITZ CYN WAY 209 EL CIELO RD, PALM SPRINGS, CA 92262. PO # 57487. It is important to note that this notice is not a lien nor a claim on a bond. This is a routine procedure to comply with certain state requirements that may exist and should not reflect in any way on the integrity or credit standing of any of the known interested parties associated with this job. Our records indicate the following parties are associated with this job: OWNER: CITY OF PALM SPRINGS PALM SPRINGS, CA GENERAL/DIRECT/ORIGINAL CONTRACTOR: KINCAID INDUSTRIES, INC THOUSAND PALMS, CA LENDER/SURETY: Please advise if Lender applicable If any of this information is incorrect, or you are not associated with this job, please contact us immediately at myjobinfo@crfsolutions.com Please use this number, 13812231 in your email subject line. Thank you, CRF Solutions I. EXHIBIT B - OTHER LEGAL PARTIES PROJECT: PS HOT WATER LEAK #5 FILE #: 13812231 Other Owner CITY OF PALM SPRINGS PO BOX 2743 PALM SPRINGS CA 92263