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HomeMy WebLinkAboutA9080 - DEL'S FLOORING CONTRACTOR'S, INCCONTRACT ABSTRACT Contract prepared by: Nadia P. Seery Submitted on: 6-21-22 By: Nadia P. Seery Note: Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Del’s Flooring Contractors, Inc. Casto Sanchez, Jr. Estimator/Project Mgr (760) 568-0060 xt 213 Provide and Install Carpeting in TSA Lease Area at PSP $36,298.00 Acct: 4167065-60000/Arpt-SCP-AirportCap-Internal-CRPT RPLC April 1, 2022 – August 31, 2022 Contract Administration Lead Department: Contract Administrator: Aviation Harry Barrett, Jr. / Ed Graff Contract Approvals Council/ Community Redevelopment Agency Approval Date: Agenda Item No./ Resolution No.: Agreement No: N/A N/A A9080 – Amendment No. 1 Contract Compliance Exhibits: Signatures: Insurance: Bonds Yes Yes Yes N/A DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 Page 1 of 3 Revised: 2.9.22 AMENDMENT NO. 1 TO CONTRACT SERVICE AGREEMENT A9080 BY AND BETWEEN THE CITY PALM SPRINGS AND DEL’S FLOORING CONTRACTORS, INC. 1. Parties and Date. This Amendment No. 1 to Contract Service Agreement No. A9080 is made entered into as of this 21st day of June, 2022, by and between the CITY OF PALM SPRINGS (“City”) and DEL’S FLOORING CONTRACTORS, INC. a California corporation with its principal place of business at 42120 State Street, Palm Desert, California 92211 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Contractor have entered into an agreement dated April 1, 2022, for the purpose of retaining the services of Contractor to provide and install carpeting in the TSA Lease Area at PSP. 2.2 Amendment. The City and Contractor desire to amend the Agreement to extend the term. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 4.4 of the Agreement. 3. Terms. 3.1 TERM. Section 4.4 of the Agreement is hereby amended in its entirety to read as follows: "4.4 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 five (5) months, commencing on April 1, 2022, and ending on August 31, 2022, unless extended by mutual written agreement of the Parties." 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shal l DocuSign Envelope ID: 73E1C61B-A73D-4B1B-A9D8-573FFEB8695CDocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 Page 2 of 3 Revised: 2.9.22 continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 73E1C61B-A73D-4B1B-A9D8-573FFEB8695CDocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 Page 3 of 3 Revised: 2.9.22 SIGNATURE PAGE TO AMENDMENT NO. 1 TO AGREEMENT A9080 BY AND BETWEEN THE CITY OF PALM SPRINGS AND DEL’S FLOORING CONTRACTORS, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _____________________________________ By: _________________________________________ Jay Bernardi - President Jennifer Mawby - Treasurer Date: Date: Corporations require two signatures. One signature must be from Chairman of Board, President or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: By: Jeffrey S. Ballinger, Monique Lomeli, City Attorney Interim City Clerk APPROVED: By: _______________________________ Date: Justin Clifton, City Manager DocuSign Envelope ID: 73E1C61B-A73D-4B1B-A9D8-573FFEB8695C 6/21/2022 6/21/2022 DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 7/8/2022 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 3/1/2022 License # OC88587 (626) 610-9500 (626) 610-9299 42587 Del's Flooring Contractor's Inc 42-120 State St Palm Desert, CA 92230 38342 42376 10172 A 1,000,000 X X ACP3100318316 2/22/2022 2/22/2023 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B X X BA040000065909 2/25/2022 2/25/2023 5,000,000C 01PXLP700015820 2/22/2022 2/22/2023 5,000,000 D X SWC1357799 8/31/2021 8/31/2022 1,000,000 Y 1,000,000 1,000,000 E Pollution G2840850A002 2/22/2022 Aggregate 2,000,000 All Endorsements apply As Per Written Contract. RE: Project: Palm Springs Airport Baggage Claim Area Recarpet - Location: 3400 E. Tahquitz Canyon Way Palm Springs CA 92262 Holder Unique ID: 226154 The City of Palm Springs, its officers, officials, employees, agents and volunteers and Palm Springs International Airport are named as additional insured as respects General Liability per attached endorsement CG 81 86 03 19 includes Waiver of subrogation wording. Primary & Non-Contributory Wording applies per form CG 20 01 04 13. Are named as additional insured on the auto policy per the attached endorsement form MCA85100817-CA includes Primary & Non-Contributory and Waiver of subrogation wording. Waiver of subrogation applies to the work comp per attached form WC 04 03 06. City of Palm Springs / Palm Springs International Airport 3401 E Tahquitz Canyon Way Suite OFC Palm Springs, CA 92262 DELSFLO-01 FERTE1 CDS Insurance Services 2001 E. Financial Way, Suite 200 Glendora, CA 91741 Certificate Department certificates@cdsinsurance.com Depositors Insurance Co California Automobile Ins Co Ategrity Specialty Insurance Company Technology Insurance Company Westchester Surplus Lines Ins X 2/22/2023 X X X X X X DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 COMMERCIAL GENERAL LIABILITY CG 81 86 03 19 CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ConstructionGardSM General Liability Enhancement Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is a summary of the additional coverages provided by this endorsement. For complete details on a specific coverage, consult the endorsement contract language. 1. Additional Insureds Various additional insured extensions 2. Aggregate Limit Per Project 3. Blanket Waiver of Subrogation If required by written contract, insurer waives right of subrogation 4. Broad Form Named Insured 5. Broadened Definition of BI Definition includes mental anguish 6. Broadened Liability Coverage for Damage to “Your Product” and “Your Work” 7. Contractual Liability – Railroads Expanded definition of “insured contract” 8. Contractual Liability for Personal and Advertising Injury 9. Damage to Premises Rented to You Extends perils Limit: $1,000,000 10. Electronic Data Liability Limit: $100,000 11. Expected and Intended Injury 12. Incidental Medical Malpractice 13. Knowledge of Occurrence 14. Liberalization 15. Lost Key Coverage Occurrence Limit: $10,000 16. Newly Formed and Acquired Organizations 180 days 17. Non-owned Aircraft 18. Non-owned Watercraft Included for watercraft up to 51 ft 19. Supplementary Payments Increased bail bonds limit to $5,000 Increased daily loss of earnings limit to $1,000 per day 20. Unintentional failure to Disclose Hazard 21. Non-duplication of Benefits Policy Number: ACP3100318316 DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 CG 81 86 03 19 Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 81 86 03 19 1. Additional Insured – Automatic Status When Required In An Agreement Or Contract With You SECTION II – WHO IS AN INSURED is amended to include: 1. Any person(s) or organization(s) whom you are required to add as an additional insured on this policy under a written contract or written agreement, provided the written contract or written agreement: (1) Is currently in effect or becomes effective during the term or this policy; and (2) Was executed prior to the “bodily injury,” “property damage” or “personal and advertising injury” for which the additional insured seeks coverage. The person or organization added as an additional insured by this endorsement is an additional insured only with respect to liability for: 1. “Bodily injury” or “property damage” or 2. “Personal and advertising injury”; due to: a. Controlling Interest – with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises – with respect to the co-owner’s liability as a co-owner of such premises. c. Grantor of Franchise or License Any person or organization that has granted you a franchise or license by written contract or agreement is an additional insured, but only with respect to their liability as a grantor of a franchise or license to you. However, their status as additional insured under this policy ends when their contract or agreement with you granting the franchise or license ends. d. Lessors of Leased Equipment – with respect to their liability for “bodily injury”, “property damage”, or “personal and advertising injury”, caused in whole or in part by your maintenance, operation, or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any “occurrence” which takes place after the equipment lease expires. However, their status as additional insured under this policy ends when their lease, contract, or agreement with you for such leased equipment expires. e. Lessor of Land – with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any “occurrence” which takes place after you cease to be a tenant in that premise; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. f. Managers or Lessors of Premises – with respect to liability arising out of the ownership, maintenance, or use of that part of the premises you own, rent, lease, or occupy. This insurance does not apply to: (1) Any “occurrence” which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new con- struction, or demolition operations performed by or on behalf of the person or organization. DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 CG 81 86 03 19 CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. g. Mortgagee, Assignee or Receiver – with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premise by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. h. Owners, Lessees, or Contractors – 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 performed for that additional insured, whether the work is performed by you or on your behalf; or (3) “Your work” performed for that additional insured and included in the “products-completed operations hazard.” The insurance does not apply to: (a) “Bodily injury”, “property damage”, or “personal and advertising injury” arising out of the rendering of or the failure to render any professional architectural, engineering, or survey services, including: (i) The preparing, approv- ing, or failing to prepare or approve maps, shop drawings, opinions, reports, survey, field orders, change orders, or drawings and specifications; or (ii) Supervisory, inspection, architectural or engi- neering 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 failure to render, any professional, architectural, engineering, or surveying services. i. State or Political Subdivision – Permits Relating to Premises – with respect to the following hazards for which the state or political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies. (1) The existence, maintenance, repair, construction, erection, or removal of advertising, signs, awnings, canopies, cellar entrances, coal holes, drive- ways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (2) The construction, erection, or removal of elevators; or (3) The ownership maintenance or use of any elevators covered by this insurance. This insurance does not apply to: (1) “Bodily injury” or “property damage” or “personal or advertising injury” arising out of operations performed for the state or municipality; or (2) “Bodily injury” or “property damage” included within the “products-completed operations hazard”. DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 CG 81 86 03 19 Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 81 86 03 19 However, such state or political subdivision’s status as additional insured under this policy ends when the permit ends. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. The insurance afforded to such additional insureds described in a.- i. above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than any coverage requirement in a contract or agreement to provide for such additional insured. 2. Aggregate Limit Per Project Under SECTION III – LIMITS OF INSURANCE, the following paragraph is added to Paragraph 2: The General Aggregate Limit under SECTION III LIMITS OF INSURANCE applies separately to each of your construction projects away from premises owned by or rented to you. 3. Blanket Waiver Of Subrogation Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us, the following is added: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. “Your work” included in the “products completed operations hazard.” However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: a. Is in effect or becomes effective during the term or this policy; and b. Was executed prior to loss. 4. Broad Form Named Insured Under SECTION II – WHO IS AN INSURED, the following is added to Paragraph 2: e. Any business entity incorporated or organized under the laws of the United State of America (including any State thereof), its territories or possessions, or Canada (including any Province thereof) in which the Named Insured shown in the Declarations owns, during the policy period, an interest of more than fifty percent. If other valid collectible insurance is available to any business entity covered by this solely by reason of ownership by the Named Insured shown in the Declarations in excess of fifty percent, this insurance is excess over the other insurance, whether primary, excess, contingent, or on any other basis. 5. Broadened Bodily Injury Definition (Mental Anguish) Under SECTION V – DEFINITIONS, Definition 3. “Bodily Injury” is replaced with: 3. “Bodily injury” means physical injury, sickness, or disease to a person and if arising out of the foregoing, mental anguish, mental injury, shock, or humiliation, including death at any time resulting therefrom. 6. Broadened Liability Coverage for Damage to “Your Product” and “Your Work” Under SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and l. and replace them with the following: This insurance does not apply to: k. Damage to Your Product “Property damage” to “your product” arising out of it or any part of it except when caused by or resulting from: (1) Fire; (2) Smoke; (3) Collapse; or (4) Explosion. l. Damage to Your Work “Property damage” to “your work” arising out of it or any part of it and included in the “products-completed operations hazard”. This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 CG 81 86 03 19 CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 (c) Collapse; or (d) Explosion. Under SECTION III – LIMITS OF INSURANCE, the following paragraph is added: Subject to 6. above, $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one “occurrence” because of “property damage” to “your product” and “your work” that is caused by fire, smoke, collapse or explosion and is included within the “product-completed operations hazard”. This sublimit does not apply to “property damage” to “your work” if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. 7. Contractual Liability – Railroads a. Under SECTION V – DEFINTIONS, the following replaces Paragraph c. of definition 9. “Insured Contract”: c. Any easement or license agreement; b. Under SECTION V –DEFINITIONS, Paragraph f.(1) of definition 9. “Insured Contract” is deleted. 8. Contractual Liability for Personal and Advertising Injury Under SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion e. Contractual Liability. This provision 8. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 9. Damage to Premises Rented to You a. Under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, the last paragraph of 2. Exclusions is replaced with: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. b. Under SECTION III – LIMITS OF INSURANCE, Paragraph 6. is replaced with: 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 fire, lightning, explosion, smoke or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner. The limit is increased to $1,000,000. c. Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced with: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; 10. Electronic Data Liability a. Under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate “electronic data” that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of “bodily injury.” b. Under SECTION III – LIMITS OF INSURANCE, the following paragraph is added: Subject to paragraph 5. above, $100,000 is the most we will pay under Coverage A for all damages arising out of any one “occurrence” because of “property damage” that results from physical injury to tangible property and arises out of “electronic data”. c. Under SECTION V – DEFINITIONS, the following definition is added: “Electronic data” means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 CG 81 86 03 19 Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 81 86 03 19 which are used with electronically controlled equipment. d. Under SECTION V – DEFINITIONS, the definition of “property damage” is replaced by the following for the purposes of the coverage provided by this endorsement only: 17. “Property damage” means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the “occurrence” that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate “electronic data,” resulting from physical injury to tangible property. All such loss of “electronic data” shall be deemed to occur at the time of the “occurrence” that caused it. For the purposes of this insurance, “electronic data” is not tangible property. e. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this Provision 10. Electronic Data Liability is part of, and not in addition to, that higher limit. 11. Expected or Intended Injury Under SECTION I – COVERAGES, COVERAGE A – BODILIY INJURY AND PROPERTY DAMAGE LIABILITY, Exclusion a. is replaced by the following: a. 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. 12. Incidental Medical Malpractice Liability a. Under SECTION II – WHO IS AN INSURED, Paragraph 2.a.(1)d. does not apply to nurses, emergency medical technicians or paramedics employed by you arising out of his or her providing or failing to provide professional health care services, but only if such healthcare services are within the scope of their employment by you or are related to or arise out of the conduct of your business. b. This coverage does not apply if you are engaged in the business or occupation of providing professional health care services. 13. Knowledge Of An Occurrence Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: e. Knowledge of an occurrence, offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer or insurance manager, if you are a corporation receives such notice of an occurrence, offense, claim or suit from the agent or employee. f. The requirements in Paragraph b. will not be considered breached unless there is knowledge of occurrence as outlined in Paragraph e. above. 14. Liberalization If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. 15. Lost Key Coverage a. Under SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, coverage is extended to include the following: If a customer's master or grand key, excluding electronic key card, is lost, damaged or stolen while in your care, custody or control we will pay the cost of replacing the keys, including the master lock and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, whichever is less. DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 CG 81 86 03 19 CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 b. Limit of Insurance – For the purpose of this coverage the most we will pay is $ 10,000 per “occurrence”. 16. Newly Formed And Acquired Organizations a. Under SECTION II – WHO IS AN INSURED, in paragraph 3.a., 90th day is changed to 180th day. b. This provision does not apply if coverage for newly formed or acquired organizations is excluded either by the provisions of the Commercial General Liability Coverage Form or by any applicable endorsement. 17. Non-Owned Aircraft Under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Exclusion g. does not apply to an aircraft provided: a. It is hired, chartered or loaned with a paid crew; b. It is not owned by an insured; c. The pilot in command holds a currently effective license for the particular aircraft being flown, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial airline pilot; and d It is not being used by the insured to carry persons or property for a charge. The following is added to SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance: This Non-Owned Aircraft insurance is excess over any other valid and collectible insurance whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or any other basis that would also apply to loss covered under this provision. 18. Non-Owned Watercraft Under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph (2) of Exclusion g. is deleted and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used by the insured to carry persons or property for a charge. 19. Supplementary Payments Under SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B Paragraphs 1.b and 1.d. are replaced with: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to 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 $1,000 a day because of time off from work. 20. Unintentional Failure To Disclose Hazard Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS , Condition 6. Representations the following paragraph is added: d. Your failure to disclose all hazards or prior “occurrences” or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior “occurrences” or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. 21. Non-Duplication of Benefits No one will be entitled to receive duplicate payments for the same elements of loss under any of the coverages provided by the Commercial General Liability Coverage form, this endorsement, or any other applicable endorsement. All terms and conditions of this policy apply unless modified by this endorsement. DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 Policy Number: ACP3100318316 DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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 2% of the California workers' compensation premium otherwise due on such remuneration. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 8/31/2021 Policy No. SWC1357799 Endorsement No. 0 Insured Del's Flooring Contractors, Inc.Premium $ 28,441 Insurance Company Security National Insurance Company Countersigned by WC 04 03 06 (Ed. 04-84) DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 DocuSign Envelope ID: 251ECF2D-4A48-4C3F-88C4-80B6A8893CC5 CONTRACT ABSTRACT Contract prepared by: Nadia P. Seery Submitted on: 4-28-22 By: Christina Brown Note: Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Del’s Flooring Contractors, Inc. – Vendor No. 100276 Casto Sanchez, Jr. Estimator/Project Mgr (760) 568-0060 xt 213 Provide and Install Carpeting in TSA Lease Area at PSP $36,298.00 Acct: 4167065-60000/Arpt-SCP-AirportCap-Internal-CRPT RPLC April 1, 2022 – June 30, 2022 Contract Administration Lead Department: Contract Administrator: Aviation Harry Barrett, Jr. / Ed Graff Contract Approvals Council/ Community Redevelopment Agency Approval Date: Agenda Item No./ Resolution No.: Agreement No: N/A N/A A9080 Contract Compliance Exhibits: Signatures: Insurance: Bonds Yes Yes Yes N/A Two additional quotes are attached. DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 1 of 16 CONTRACT SERVICES AGREEMENT A9080 DEL’S FLOORING CONTRACTORS, INC THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on April 1, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Del’s Flooring Contactors, Inc, a 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 carpet installer for the TSA leasehold areas, (“Project”). B.Contractor has submitted to City a proposal to provide the required materials and perform the labor required, 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: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 2 of 16 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 $ 36,298.00. 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: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 3 of 16 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 three months, commencing on April 1, 2022, and ending on June 30, 2022, 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: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 4 of 16 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: Casto Sanchez, Jr., Estimator / Project Manager. 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: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 5 of 16 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: Casto Sanchez, Jr. Estimator / Project Manager 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: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 6 of 16 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 DocuSign Envelope ID: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 7 of 16 of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. 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 necessary 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 DocuSign Envelope ID: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 8 of 16 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. 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 linguisti c characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that 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 o f 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 DocuSign Envelope ID: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 9 of 16 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 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: Del’s Flooring Contractors, Inc. 42120 State Street Palm Desert, California 92211 Attention: Casto Sanchez, Jr. 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. DocuSign Envelope ID: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 10 of 16 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. 11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON NEXT PAGE] DocuSign Envelope ID: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 11 of 16 SIGNATURE PAGE TO AGREEMENT A9080 BY AND BETWEEN THE CITY OF PALM SPRINGS AND DEL’S FLOORING CONTRACTORS, INC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature Name: Jay Bernardi________________ Name: Jennifer Mawby________________ Title: President_________________________ Title: Treasurer_____________________________ Date: Date: Corporations require two signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique Lomeli, City Attorney Interim City Clerk APPROVED: By: Justin Clifton, City Manager DocuSign Envelope ID: 217FF68E-855F-49F8-A8D4-ED54BAB3F497 4/26/2022 4/26/2022 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 12 of 16 EXHIBIT “A” CONTRACTOR’S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance DocuSign Envelope ID: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 DocuSign Envelope ID: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 13 of 16 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: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 14 of 16 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: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 15 of 16 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: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Revised 2.9.22 Page 16 of 16 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: 217FF68E-855F-49F8-A8D4-ED54BAB3F497DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 3/1/2022 License # OC88587 (626) 610-9500 (626) 610-9299 42587 Del's Flooring Contractor's Inc 42-120 State St Palm Desert, CA 92230 38342 42376 10172 A 1,000,000 X X ACP3100318316 2/22/2022 2/22/2023 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B X X BA040000065909 2/25/2022 2/25/2023 5,000,000C 01PXLP700015820 2/22/2022 2/22/2023 5,000,000 D X SWC1357799 8/31/2021 8/31/2022 1,000,000 Y 1,000,000 1,000,000 E Pollution G2840850A002 2/22/2022 Aggregate 2,000,000 All Endorsements apply As Per Written Contract. RE: Project: Palm Springs Airport Baggage Claim Area Recarpet - Location: 3400 E. Tahquitz Canyon Way Palm Springs CA 92262 Holder Unique ID: 226154 The City of Palm Springs, its officers, officials, employees, agents and volunteers and Palm Springs International Airport are named as additional insured as respects General Liability per attached endorsement CG 81 86 03 19 includes Waiver of subrogation wording. Primary & Non-Contributory Wording applies per form CG 20 01 04 13. Are named as additional insured on the auto policy per the attached endorsement form MCA85100817-CA includes Primary & Non-Contributory and Waiver of subrogation wording. Waiver of subrogation applies to the work comp per attached form WC 04 03 06. City of Palm Springs / Palm Springs International Airport 3401 E Tahquitz Canyon Way Suite OFC Palm Springs, CA 92262 DELSFLO-01 FERTE1 CDS Insurance Services 2001 E. Financial Way, Suite 200 Glendora, CA 91741 Certificate Department certificates@cdsinsurance.com Depositors Insurance Co California Automobile Ins Co Ategrity Specialty Insurance Company Technology Insurance Company Westchester Surplus Lines Ins X 2/22/2023 X X X X X X EXHIBIT "B"DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 COMMERCIAL GENERAL LIABILITY CG 81 86 03 19 CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ConstructionGardSM General Liability Enhancement Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is a summary of the additional coverages provided by this endorsement. For complete details on a specific coverage, consult the endorsement contract language. 1. Additional Insureds Various additional insured extensions 2. Aggregate Limit Per Project 3. Blanket Waiver of Subrogation If required by written contract, insurer waives right of subrogation 4. Broad Form Named Insured 5. Broadened Definition of BI Definition includes mental anguish 6. Broadened Liability Coverage for Damage to “Your Product” and “Your Work” 7. Contractual Liability – Railroads Expanded definition of “insured contract” 8. Contractual Liability for Personal and Advertising Injury 9. Damage to Premises Rented to You Extends perils Limit: $1,000,000 10. Electronic Data Liability Limit: $100,000 11. Expected and Intended Injury 12. Incidental Medical Malpractice 13. Knowledge of Occurrence 14. Liberalization 15. Lost Key Coverage Occurrence Limit: $10,000 16. Newly Formed and Acquired Organizations 180 days 17. Non-owned Aircraft 18. Non-owned Watercraft Included for watercraft up to 51 ft 19. Supplementary Payments Increased bail bonds limit to $5,000 Increased daily loss of earnings limit to $1,000 per day 20. Unintentional failure to Disclose Hazard 21. Non-duplication of Benefits Policy Number: ACP3100318316 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 CG 81 86 03 19 Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 81 86 03 19 1. Additional Insured – Automatic Status When Required In An Agreement Or Contract With You SECTION II – WHO IS AN INSURED is amended to include: 1. Any person(s) or organization(s) whom you are required to add as an additional insured on this policy under a written contract or written agreement, provided the written contract or written agreement: (1) Is currently in effect or becomes effective during the term or this policy; and (2) Was executed prior to the “bodily injury,” “property damage” or “personal and advertising injury” for which the additional insured seeks coverage. The person or organization added as an additional insured by this endorsement is an additional insured only with respect to liability for: 1. “Bodily injury” or “property damage” or 2. “Personal and advertising injury”; due to: a. Controlling Interest – with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises – with respect to the co-owner’s liability as a co-owner of such premises. c. Grantor of Franchise or License Any person or organization that has granted you a franchise or license by written contract or agreement is an additional insured, but only with respect to their liability as a grantor of a franchise or license to you. However, their status as additional insured under this policy ends when their contract or agreement with you granting the franchise or license ends. d. Lessors of Leased Equipment – with respect to their liability for “bodily injury”, “property damage”, or “personal and advertising injury”, caused in whole or in part by your maintenance, operation, or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any “occurrence” which takes place after the equipment lease expires. However, their status as additional insured under this policy ends when their lease, contract, or agreement with you for such leased equipment expires. e. Lessor of Land – with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any “occurrence” which takes place after you cease to be a tenant in that premise; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. f. Managers or Lessors of Premises – with respect to liability arising out of the ownership, maintenance, or use of that part of the premises you own, rent, lease, or occupy. This insurance does not apply to: (1) Any “occurrence” which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new con- struction, or demolition operations performed by or on behalf of the person or organization. DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 CG 81 86 03 19 CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. g. Mortgagee, Assignee or Receiver – with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premise by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. h. Owners, Lessees, or Contractors – 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 performed for that additional insured, whether the work is performed by you or on your behalf; or (3) “Your work” performed for that additional insured and included in the “products-completed operations hazard.” The insurance does not apply to: (a) “Bodily injury”, “property damage”, or “personal and advertising injury” arising out of the rendering of or the failure to render any professional architectural, engineering, or survey services, including: (i) The preparing, approv- ing, or failing to prepare or approve maps, shop drawings, opinions, reports, survey, field orders, change orders, or drawings and specifications; or (ii) Supervisory, inspection, architectural or engi- neering 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 failure to render, any professional, architectural, engineering, or surveying services. i. State or Political Subdivision – Permits Relating to Premises – with respect to the following hazards for which the state or political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies. (1) The existence, maintenance, repair, construction, erection, or removal of advertising, signs, awnings, canopies, cellar entrances, coal holes, drive- ways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (2) The construction, erection, or removal of elevators; or (3) The ownership maintenance or use of any elevators covered by this insurance. This insurance does not apply to: (1) “Bodily injury” or “property damage” or “personal or advertising injury” arising out of operations performed for the state or municipality; or (2) “Bodily injury” or “property damage” included within the “products-completed operations hazard”. DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 CG 81 86 03 19 Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 81 86 03 19 However, such state or political subdivision’s status as additional insured under this policy ends when the permit ends. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. The insurance afforded to such additional insureds described in a.- i. above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than any coverage requirement in a contract or agreement to provide for such additional insured. 2. Aggregate Limit Per Project Under SECTION III – LIMITS OF INSURANCE, the following paragraph is added to Paragraph 2: The General Aggregate Limit under SECTION III LIMITS OF INSURANCE applies separately to each of your construction projects away from premises owned by or rented to you. 3. Blanket Waiver Of Subrogation Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us, the following is added: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. “Your work” included in the “products completed operations hazard.” However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: a. Is in effect or becomes effective during the term or this policy; and b. Was executed prior to loss. 4. Broad Form Named Insured Under SECTION II – WHO IS AN INSURED, the following is added to Paragraph 2: e. Any business entity incorporated or organized under the laws of the United State of America (including any State thereof), its territories or possessions, or Canada (including any Province thereof) in which the Named Insured shown in the Declarations owns, during the policy period, an interest of more than fifty percent. If other valid collectible insurance is available to any business entity covered by this solely by reason of ownership by the Named Insured shown in the Declarations in excess of fifty percent, this insurance is excess over the other insurance, whether primary, excess, contingent, or on any other basis. 5. Broadened Bodily Injury Definition (Mental Anguish) Under SECTION V – DEFINITIONS, Definition 3. “Bodily Injury” is replaced with: 3. “Bodily injury” means physical injury, sickness, or disease to a person and if arising out of the foregoing, mental anguish, mental injury, shock, or humiliation, including death at any time resulting therefrom. 6. Broadened Liability Coverage for Damage to “Your Product” and “Your Work” Under SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and l. and replace them with the following: This insurance does not apply to: k. Damage to Your Product “Property damage” to “your product” arising out of it or any part of it except when caused by or resulting from: (1) Fire; (2) Smoke; (3) Collapse; or (4) Explosion. l. Damage to Your Work “Property damage” to “your work” arising out of it or any part of it and included in the “products-completed operations hazard”. This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 CG 81 86 03 19 CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 (c) Collapse; or (d) Explosion. Under SECTION III – LIMITS OF INSURANCE, the following paragraph is added: Subject to 6. above, $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one “occurrence” because of “property damage” to “your product” and “your work” that is caused by fire, smoke, collapse or explosion and is included within the “product-completed operations hazard”. This sublimit does not apply to “property damage” to “your work” if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. 7. Contractual Liability – Railroads a. Under SECTION V – DEFINTIONS, the following replaces Paragraph c. of definition 9. “Insured Contract”: c. Any easement or license agreement; b. Under SECTION V –DEFINITIONS, Paragraph f.(1) of definition 9. “Insured Contract” is deleted. 8. Contractual Liability for Personal and Advertising Injury Under SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion e. Contractual Liability. This provision 8. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 9. Damage to Premises Rented to You a. Under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, the last paragraph of 2. Exclusions is replaced with: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. b. Under SECTION III – LIMITS OF INSURANCE, Paragraph 6. is replaced with: 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 fire, lightning, explosion, smoke or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner. The limit is increased to $1,000,000. c. Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced with: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; 10. Electronic Data Liability a. Under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate “electronic data” that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of “bodily injury.” b. Under SECTION III – LIMITS OF INSURANCE, the following paragraph is added: Subject to paragraph 5. above, $100,000 is the most we will pay under Coverage A for all damages arising out of any one “occurrence” because of “property damage” that results from physical injury to tangible property and arises out of “electronic data”. c. Under SECTION V – DEFINITIONS, the following definition is added: “Electronic data” means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 CG 81 86 03 19 Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 81 86 03 19 which are used with electronically controlled equipment. d. Under SECTION V – DEFINITIONS, the definition of “property damage” is replaced by the following for the purposes of the coverage provided by this endorsement only: 17. “Property damage” means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the “occurrence” that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate “electronic data,” resulting from physical injury to tangible property. All such loss of “electronic data” shall be deemed to occur at the time of the “occurrence” that caused it. For the purposes of this insurance, “electronic data” is not tangible property. e. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this Provision 10. Electronic Data Liability is part of, and not in addition to, that higher limit. 11. Expected or Intended Injury Under SECTION I – COVERAGES, COVERAGE A – BODILIY INJURY AND PROPERTY DAMAGE LIABILITY, Exclusion a. is replaced by the following: a. 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. 12. Incidental Medical Malpractice Liability a. Under SECTION II – WHO IS AN INSURED, Paragraph 2.a.(1)d. does not apply to nurses, emergency medical technicians or paramedics employed by you arising out of his or her providing or failing to provide professional health care services, but only if such healthcare services are within the scope of their employment by you or are related to or arise out of the conduct of your business. b. This coverage does not apply if you are engaged in the business or occupation of providing professional health care services. 13. Knowledge Of An Occurrence Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: e. Knowledge of an occurrence, offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer or insurance manager, if you are a corporation receives such notice of an occurrence, offense, claim or suit from the agent or employee. f. The requirements in Paragraph b. will not be considered breached unless there is knowledge of occurrence as outlined in Paragraph e. above. 14. Liberalization If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. 15. Lost Key Coverage a. Under SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, coverage is extended to include the following: If a customer's master or grand key, excluding electronic key card, is lost, damaged or stolen while in your care, custody or control we will pay the cost of replacing the keys, including the master lock and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, whichever is less. DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 CG 81 86 03 19 CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 b. Limit of Insurance – For the purpose of this coverage the most we will pay is $ 10,000 per “occurrence”. 16. Newly Formed And Acquired Organizations a. Under SECTION II – WHO IS AN INSURED, in paragraph 3.a., 90th day is changed to 180th day. b. This provision does not apply if coverage for newly formed or acquired organizations is excluded either by the provisions of the Commercial General Liability Coverage Form or by any applicable endorsement. 17. Non-Owned Aircraft Under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Exclusion g. does not apply to an aircraft provided: a. It is hired, chartered or loaned with a paid crew; b. It is not owned by an insured; c. The pilot in command holds a currently effective license for the particular aircraft being flown, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial airline pilot; and d It is not being used by the insured to carry persons or property for a charge. The following is added to SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance: This Non-Owned Aircraft insurance is excess over any other valid and collectible insurance whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or any other basis that would also apply to loss covered under this provision. 18. Non-Owned Watercraft Under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph (2) of Exclusion g. is deleted and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used by the insured to carry persons or property for a charge. 19. Supplementary Payments Under SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B Paragraphs 1.b and 1.d. are replaced with: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to 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 $1,000 a day because of time off from work. 20. Unintentional Failure To Disclose Hazard Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS , Condition 6. Representations the following paragraph is added: d. Your failure to disclose all hazards or prior “occurrences” or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior “occurrences” or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. 21. Non-Duplication of Benefits No one will be entitled to receive duplicate payments for the same elements of loss under any of the coverages provided by the Commercial General Liability Coverage form, this endorsement, or any other applicable endorsement. All terms and conditions of this policy apply unless modified by this endorsement. DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Policy Number: ACP3100318316 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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 2% of the California workers' compensation premium otherwise due on such remuneration. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 8/31/2021 Policy No. SWC1357799 Endorsement No. 0 Insured Del's Flooring Contractors, Inc.Premium $ 28,441 Insurance Company Security National Insurance Company Countersigned by WC 04 03 06 (Ed. 04-84) DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 ADDITONAL QUOTES RECEIVED 1.Flooring Innoviations, Palm Springs - $51,646.95 2.Carpet Empire Plus - $60,000 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 2/25/2022 Joel Bulik 34148 Flooring Innovations - Palm Springs 1050 N Palm Canyon Drive Palm Springs CA 92262 760-321-8600 760-321-8601 Labor Description Type Quantity Product Description Color / Item Number Price Total Room Edward Graff 3400 E. Tahquitz Canyon Way Suite One Palm Springs, CA 92262 Graff, Edward 3400 E. Tahquitz Canyon Way Suite One Palm Springs, CA 92262 Acct # 21607 760 318-3824 Fax 760 318-3815 760 318-3824For:Job Site: Quote # Customer PO Date Sales Person1 Designer Contract # Estimate Carpet MAJOR FACTOR TILE - ECOFLEX MATRIX - 24 X 24 (96 SF PER CASE) 1Y132424 5665.77 SqFt $4.51 $25,552.62Materials Carpet Tile Installation $1.50 $8,641.505761SqFtLabor 59 ctns @ 96.03sf per ctn.Notes Adhesive Tech Flexera Pressure Sensitve 4 gallon pail. 6 Each $172.31 $1,033.86Materials Carpet Tear Out - Glued Down Carpet 2 BEDROOMS $0.15 $791.255275SqFtLabor 4 gallon pail covers 1000sfNotes Base 2 1/2” VINYL COVE BASE 2 1/2” X 4’1100 LnFt $0.79 $869.00Materials Vinyl Top Set Vinyl Base $1.15 $1,265.001100LnFtLabor 403 ALMOND Carpet CA Carpet Stewardship Assessment 1/2017 629.53 SqYd $0.35 $220.34Materials R/R Furniture (Heavy)OFFICE $0.50 $2,637.505275SqFtLabor Extra charge if desks need to be taken aNotes CA Carpet Stewardship Assessment Floor Prep Floor Prep OFFICE $1.15 $6,066.255275SqFtLabor Labor NIGHT WORK INSTALLATION (APPROX 4-5 DAYS) $1,800.00 $1,800.001EachLabor Carpet Carpet Ramping $18.00LnFtLabor TBD - RAMPING MAY BE REQUIRED IN SOME AREAS.Notes Carpet Measure Service Credit Commercial Offices1EachLabor Freight Inbound Freight Charge1Each $115.00 $115.00Materials Freight - CarpetNotes MISC. MILL FREIGHT CHARGE Freight Inbound Freight Charge1Each $115.00 $115.00Materials Freight - AdhesiveNotes MISC. MILL FREIGHT CHARGE 3/2/2022 11:02:14 AMQ2-46 Quote # 34148Page 1 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Continuation For: Graff, Edward, Quote # 34148 Labor Description Type Quantity Product Description Color / Item Number Price Total Room Quote may change after Measure from Flooring Innovations. Quote based upon floor plan diagram supplied by Edward Graff. Carpet selected by Flooring Innovations. Commercia Grade 24x24 Colorstrand SD Nylon. Price may change if product re-selected by Customer. Quote does not include any transitions (rubber/vinyl). $21,201.50 $27,905.82 $2,539.63 $51,646.95 Materials Sales Tax Information Total Grand Total Deposit Date Ck# $49,107.32Contract Total Labor PRE-INSTALLATION CHECKLIST Flooring Innovations’ installers will be prepared to remove and replace normal household furniture if indicated on your invoice. First, however, you will want to: ______Remove lamps, table decorations, accent pieces, antiques, plants, bed linens and other items requiring special care. ______Empty water beds, bookcases, chine cabinets, etc. ______Disconnect stereo systems, computer equipment, cable connections, alarm systems and other electronic devises. Arrange for removal of pianos, organs, grandfather clocks and pool tables. Small console pianos, organs and small pool tables can be moved by our installers. However they will not bring along necessary equipment unless this extra charge service is specified on your order. You should make arrangements to have grand pianos, full-size pool tables, etc. moved in advance by a professional mover. EXCLUSTIONS AND ADDITIONAL CHARGES The following procedures ARE NOT routinely included in our installation services. Additional charges may apply. Arrangements for certain services are the responsibility of our customers: _____ DOOR CUTTING Door cutting to clear new floor covering is not included in our installation services. Frequently, installation of new carpet, vinyl, laminates or hardwood will prevent doors from sliding or swinging freely. You should have a qualified carpenter cut your doors prior to installation if possible. _____ UNFORESEEN PROBLEMS Unforeseen charges may apply to installations when take-up and removal of existing flooring is done. Damage or missing tack- strip, water damage, cracks, unevenness, subfloors with structural damage, asbestos floors, mold, and other conditions are not always detected until the installation process has begun. Your salesperson will discuss any unforeseen charges with you, obtain permission to perform additional work prior to doing so, and discuss your preferred method of payment. _____ PLUMBING Removing and re-installing commodes or other plumbing fixtures is an optional service. Certain floor installations require removal of a commode or sink. Our installers may be qualified to perform a part or all of the service but retain the option to request that the property owner refer the work to a qualified plumber in which case additional charges would apply. _____ REMOVING EXISTING FLOORING Removing your old flooring may or may not be included with the cost of your project. A separate charge will appear on your invoice if applicable. Your salesperson can discuss all of the available options with you. _____ TOUCH-UPS We will be careful to avoid damage to your baseboards, woodwork, walls and furniture while delivering and installing your floor covering. Some scuffing of woodwork, walls and furniture, may be unavoidable. We cannot be responsible for touch-ups which may be required. _____ QUARTER ROUND MOLDING 3/2/2022 11:02:14 AMQ2-46 Quote # 34148Page 2 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Continuation For: Graff, Edward, Quote # 34148 Labor Description Type Quantity Product Description Color / Item Number Price Total Room We will remove existing quarter round wood molding, but cannot be responsible for re-installing. Wood molding which has been installed for several years often cannot be satisfactorily re-installed and may break during removal. We will be as careful as possible. _____ APPLIANCE HOOK-UPS If included on your order as a separate charge, we will move your disconnected appliances, but cannot be responsible for the hook-ups. Beware! If your refrigerator has not been moved recently, stretching the ice-maker/water coils to move the refrigerator may create a leak. Please be aware that the following conditions may exist Immediately after installation: _____ SEAMS – Seams will be professionally installed but may not be invisible. Some materials hide seams better than others. Ask your salesperson where seams will be placed. _____ “SHEDDING” – Your new carpet may shed small bits of fibers for up to six months. Do not be alarmed if your vacuum fills up quickly. _____ “ROLL MARKS” – You may see shaded areas or lines across the width of your new carpet. These result from the weight of the carpet resting on itself during storage. These marks will disappear in time with normal traffic and vacuuming. During the cold, dry months, these marks may be particularly stubborn. If roll marks are still visible after 90 days, please call us at the numbers listed at the top of our brochure. ______ Balance due must be paid in full prior to installation. ______ All special order materials require payment in full prior to ordering. ______ There are no cancellations or returns on Special Order materials. ______ Additional charges may be incurred for unforeseen floor preparation. ______ Style and Color Confirmed. ______ Installations canceled/rescheduled with less than 48 hour notice are subject to a $275.00 cancelation/rescheduling fee. ______ Material Only Pick Up Hours are Monday Through Friday 9:00 AM to 3:00 PM ______ Material Only Orders Must be Picked Up Within 30 days of arrival. ESTIMATES VALID AT TIME PRESENTED DUE TO CURRENT MARKET CONDITIONS. . Sales and promotions are excluded. Buyer_______________________________________Date_____________ Seller_______________________________________Date____________ 3/2/2022 11:02:14 AMQ2-46 Quote # 34148Page 3 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 Estimate Date 2/28/2022 Estimate # 2-28 Name / Address Palm Springs Intl. Airport Ed Graff Carpet Empire Plus 68307 E. Palm Canyon Drive Cathedral City, CA 92234-5415 Project Phone # 760-324-9797 Fax # 760-324-0043 E-mail CarpetEmpirePlus@gmail.com Web Site www.CarpetEmpirePlus.com Total Description Qty Rate Total SHAW, Carpet Tiles Installed price 738.66 46.57139 34,400.42 Glue down carpet pull up, all areas to be carpeted 1,500.00 1,500.00 Glue for Carpet Tiles 2,800.00 2,800.00 Cove Base 4"1 7,040.00 7,040.00 Stewardship Assessment 259.58 259.58 Labor, For Furniture Moving 50 Hours @280 per hour 4 people 14,000.00 14,000.00 Price for movers may vary. This is an estimate quoted my movers. It is based on 50 hours spread out over few days. If you have any questions please call Gary at (760)324-9797. Install days or nights will be worked out with customer. It has been a pleasure serving you. Thanks, Gary P.S. I will be bringing more samples for you to look at. Sales Tax 8.75%0.00 $60,000.00 DocuSign Envelope ID: 4A396C45-467A-4EAC-B21C-C7FA6FD0F914 DAT0IYYYY) A`oizo® CERTIFICATE OF LIABILITY INSURANCE AqOgc7 Oa/28/2/2812023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Polly Riordan CRIS NAME: James G. Parker Insurance AIc°NNo Exr: (559) 222-7722 � Ne: (559) 222-1724 ADDRESS'. pollyr@jgparker.com License #0554959 INSURER(S) AFFORDING COVERAGE NAIC6 PO Box 3947 Fresno CA 93650 INSURER A: California Automobile Insurance 38342 INSURED INSURER B: Technology Ins Cc Inc 42376 INSURER C: Deis Flooring Contractors Inc INSURER D: 42-120 State St INSURER E: INSURER F: Palm desert CA 92211 COVERAGES CERTIFICATE NUMBER: 23-24 BA WC 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 I�TR TYPE OF INSURANCE INSD VIVO POLICY NUMBER MMIODIYYYY MMIDDI YYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR PREMISES Ea occurrence S MED EXP An one person) $ PERSONAL B ADV INJURY S GEN'LAGGREGATE LIMMAPPLIES PER GENERALAGGREGATE $ POLICY PRO, LOC PRODUCTS-COMPIOPAGG $ $ OTHER AUTOMOBILE LIABWTY COMBINEDSINGLELIMIT Ea accident $ t000000 BODILY INJURY (Per person) S ANVAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y BA040000065909 02/252023 02/252024 BODILY INJURY(Per amiaani) $ PROPERTY DAMAGE Peracciden S HIRED NO NED AUTOS ONLY AUTOS ONLY Medical payments $ 5,000 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMSMADE DEO I I RETENTION S S B MRKERSCOMPENSATION AND EMPLOYERS'UABILITY YIN ANY PROPRIETOR/PARTNER/PXECUTWE CFFICBR IEMBER EXCLUDED' (Mandatary In NH) NIA Y TYVP4310168 061312023 08I312024 PER OTH- STATUTE ER EL EACH ACCIDENT $ 1,000,000 E.L DISEASE - EA EMPLOYEE $ 1,000,000 It yes, descnne under DESCRIPTION OF OPERATIONS Eei. E. L. DISEASE -POLICY LIMIT 1,000,000 S DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, AddNbnal Remarks Schedule, may I,eattached N mom space Is r"ulred) RE: Purchase blanket orders for FY 2021-2022 Waiver of subrogation applies to the workers compensation per attached form WC040306 0484. The City of Palm Springs, its officials, employees and agents are included as additional insured on the auto policy per the attached endorsement form MCA85100817CA includes Primary 8 Non -Contributory and Waiver of subrogation wording. CFRTIFICATE 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 Attn City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 2743 AUTHORIZED REPRESENTATIVE Palm Springs CA 92263 / � � oeA—i-�v @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Policy I3A04000U0b�9U9 THIS ENDORSEMENT CHANGESTHE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS III. AUTOMATIC ADDITIONAL INSURED IV. EMPLOYEE HIRED AUTO LIABILITY V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII. ADDITIONALTRANSPORTATION EXPENSE VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR —DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BYCONTRACT XVIII. HIRED AUTO —COVERAGE TERRITORY XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2017 Mercury Insurance Services, I.I.C. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permissior Page 1 of 6 Policy BA040000065909 BUSINESS AUTO COVERAGE FORM NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION 11- LIABILITY COVERAGE, A. Coverage, I. Who Is An Insured, the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own 500/aor more of the business entityand the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an "accident" which occurred before you acquired or formed the organization. II. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: e. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. III. AUTOMATIC ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE, A. Coverage, 1. WholsAn Insured, the following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contractor agreement that is signed and executed by you before the "bodily injury" or "property damage" occursand that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies asan "insured" under the Who Is An Insured provision contained in Section 11. IV. EMPLOYEE HIREDAUTO LIABILITY SECTION II - LIABILITY COVERAGE, A. Coverage, 1. WholsAn Insured, the following is added: g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties relatedtothe conduct of your business. V. SUPPLEMENTARY PAYMENTS SECTION 11—LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: (2) Up to $3,000for cost of bail bonds (including bonds for relatedtraffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred bythe "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work Copyright 2017 Mercury Insurance Services, I.I.C. Allrightsresened. MCAS5100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Pennissior Paget of Policy BA040000065909 VI. FELLOW EMPLOYEE COVERAGE: SECTION II —LIABILITY COVERAGE,B. Exclusions,5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION III -PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following: We will pay up to $50 per day to a maximum of $1000 for temporarytransportation expense incurred by you because of the totaltheft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carryeither Comprehensive or Specified Causes of Loss Coverage. We will pay fortemporary transportation expenses incurred during the period beginning 48 hours afterthetheft and ending, regardless ofthe policy s expiration, when the covered "auto" is returnedto use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. Vlll. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III —PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added: C. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive, Specified Causes of Loss, or Collision coveragesare provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit: (1) The most we will pay for "loss" to any hired "auto" is $50,000or Actual Cash Value or Cost of Repair, whichever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit a nd deductible we will provide coverage equal tothe broadest coverage applicable to a ny covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL A] RBAG DEPLOYMENT COVERAGE SECTION III -PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following: This exclusion does not apply tot he accidental discharge of an airbag. Copyright 2017 Mercury Insurance services, LLC. All rights reserved. MCASS100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permissior Page 3 of 6 Policy BA040000065909 X. LOAN/LEASE GAP COVERAGE SECTION III -PHYSICAL DAMAGE COVERAGEC. Limit of Insurance, the following is added: 4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less: a. The amount paid under the Physical Damage Coverage Section oft he policy; and b. Any: (1) Overdue lease/loan payments at the time of the "lose; (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 balancesfrom previous loans or leases. The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25%of the actual cash value of that insured auto atthe time of the loss. XI. GLASS REPAIR— DEDUCTIBLE WAIVER SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies toglass damage ifthe glass is repaired ratherthan replaced. XII. TWO OR MORE DEDUCTIBLES SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: Iftwoor more "company" policies or coverageforms applyto the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived; or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENTOF ACCIDENT, CLAIM, SUITOR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, ifyou area partnership; (3) A member, if you area limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. Copyright 2017 Mercury Insurance Services, I.I.C. Allrightsresemd. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permissior Page 4of6 Policy BA040000065909 XIV. WAIVER OF SUBROGATION SECTION IV - BUSINESSAUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rig hts Of Recovery Against Others To Us, section is replaced by the following: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recoverywe may have against any person or organization to the extent required of you by a written contract executed prior toany "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESSAUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, thefollowing is added: Any unintentional omission of or errorin information given by you, or unintentional failure to disclose all exposures or hazardsexisting as of the effective date or at any time during the policy period shall not invalidateor adversely affectthe coveragefor such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazardto us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. XVI. EMPLOYEE HIREDAUTO PHYSICAL DAMAGE SECTION IV—BUSINESSAUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physica I 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 by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "a uto". XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV— BUSINESSAUTO CONDITIONS, B. General Condit ions, 5. Other Insurance, the following isadded and supersedesany provision tothe contrary: e. This insurance is primarytoand will not seek contribution from anyother insurance availableto an additional insured under your policy provided that: (1) The additional insured isa Named Insured under such other insurance; and (2) You have agreed in writing in a contractor agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additiona 1 insured. Copyright 2017 Mercury Insurance Services, I.I.C. All rights reserved. MCAS5100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permissior Page 5 of 6 Policy BA040000065909 XVIII. HIRED AUTO -COVERAGE TERRITORY SECTION IV- BUSINESSAUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following: e. Anywhere in the world if: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less, and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United Statesof America, the territories and possessions of the United Statesof America, Puerto Rico, or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V — DEFT NITIONS, C. "Bodily Injury" is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Copyright 2017 Mercury Insurance services, LLC. All rights resemd. MCA85100817-CA Includes copyrighted material of Insurance services ice, Inc., with its Permissior Page 6of6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 8/31/2023 Policy No. TWP4310168 Endorsement No. 0 Insured Del's Flooring Contractors, Inc Premium $ 67,763 Insurance Company Technology Insurance Company, Inc. Countersigned by WC 04 03 06 (Ed. 04-84) August 31, 2023 RE: Certificate of Insurance for City of Palm Springs To Whom It May Concern, We are pleased to inform you that USI Insurance Services is now utilizing CertVault by Patra to deliver and store certificates of insurance for our client, Out Fit, a California Corporation. On their behalf, we have uploaded a new certificate(s) in CertVault for you to view and download. To register for certificate access: 1. Visit httos://certvault.ora and select Sign In. 2. From the sign -in page, select Register. 3. Enter the access code below to verify your account and view your certificate(s). Access Code: vg5PAGvU If you have already registered for a CertVault account, you may merge this request to your eusting account by following these steps: 1. Visit httas://certvault.ora and sign into your account. 2. Click your name in the upper right corner. 3. Click the Claim Access Code button. 4. Enter the access code below and select Submit. Access Code: vg5PAGvU Note: For best results, access CertVault using Google Chrome. If you encounter any issues during the registration process, please contact our help desk: Phone: 415-230-0646 (available M-F, 6:00 am - 5:00 pm PST) Email: helndesk(&certvault.ora (available M-F, 6:00 am - 5:00 pm PST) We hope you enjoy the efficiency, security, and convenience that CertVault brings to certificate delivery. Sincerely, USI Insurance Services CertVault BY PATRA 1 ACUR�° CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/27/2024 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 lieu of such endorsement(s). PRODUCER CONTACT Polly Riordan CRIS NAME: James G. Parker Insurance A/CO.NNo Ext : (559) 222-7722 IA/C, No : (559) 222-1724 License #0554959 r: rF' ADDRESS: pollyr@jgparker.com INSURER(S) AFFORDING COVERAGE NAIC p P 0 Box 3947 INSURER A: Mesa Underwriters Specialty Ins Co 36838. Fresno CA 93650 INSURED INSURER B : United Financial Casualty Co 11770 INSURER C : Palomar Excess and Surplus Ins Co 16754 Del's Flooring Contractors Inc INSURER D : Technology Ins Co Inc 42376 42-120 State St INSURER E : Westchester Surplus Lines Ins Co 10172 INSURER F Palm Desert CA 92211 COVERAGES CERTIFICATE NUMBER: 24-25 GLBAWCUMBPOLL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH E 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. ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM DDIYYYY) (MM/DONYn�L LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE F OCCUR PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 A Y Y MPOO82001007549 02/22/2024 02/22/2025 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ JECT LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER AUTOMOBILE LIABILITY COMBINED Ea accSINGLE LIMIT ident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO B OWNED SCHEDULED AUTOS ONLY AUTOS Y Y 977960527 02/26/2024 08/26/2024 BODILY INJURY (Per accident) $ XHIRED NON -OWNED AUTOS ONLY AUTOS ONLY IX PROPERTY DAMAGE Per accident $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C X EXCESS LIAR CLAIMS -MADE PESXS011229 02/22/2024 02/22/2025 AGGREGATE $ 5,000,000 DED I I RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) NIA Y TWP4310168 08/31/2023 08/31/2024 X1 PER STATUTE OTT ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Pollution Liability G2840850A004 02/22/2024 02/22/2025 Aggregate $2,000,000 Ea. Pollution Condition $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Purchase Order Number: 14-0853 The City of Palm Springs, its officials, employees and agents are includedas additional insured as respects General Liability per attached endorsement CG2033 0413. Primary & Non -Contributory Wording applies per form CG2001 0413. includedas additional insured on the auto policy per the attached endorsement form MCA85100817-CA- to follow includes Primary & Non -Contributory and Waiver of subrogation wording. Waiver of subrogation applies to the General Liability and Work Comp per attached forms CG2404 1093 & WC040306 0484. CERTIFICATE HOLDER k,W�I— ,IIt r]I-r\ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE MAR 0 4 2024 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Palm Springs Attn P&C Division ACCORDANCE WITH THE POLICY PROVISIONS. 3200 East Tahquitz Canyon Way City Hall Reception Desk AUTHORIZED REPRESENTATIVE Palm Springs CA 92262 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD P Policy Number: MP0082001007549 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 I It Policy Number: MP0082001007549 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. 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 for the additional insured. 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 contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the 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. CG 20 33 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, 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 contract or agreement you have entered into with the additional insured; 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. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 04 13 POLICY NUMBER: MP0082001007549 COMMERCIAL GENERAL LIABILITY CG24041093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization to which you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to (1) occurrences taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period, or occurrences resulting from the conduct of your business during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following. - We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 ,�•�- — -iY- - - - --�r�i���9-��3a� sir-b- ^-�---=mot WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 8/31/2023 Policy No. TWP4310168 Endorsement No. 0 Insured Del's Flooring Contractors, Inc Premium $ 67,763 Insurance Company Technology Insurance Company, Inc. Countersigned by WC 04 03 06 (Ed. 04-84)