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HomeMy WebLinkAboutA9274 - ENNIS FLINT INC. CONTRACT ABSTRACT 2 Originals: Agreement; 1 Original: Performance & Payment Bond and Insurance Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Ennis-Flint, Inc. Crystal Gentry, cgentry@ppg.com; dl-ts-contracts@ppg.com Paint for Palm Springs International Airport $150,000 Airport: 4157030-50035 December 1, 2022 through November 30, 2025 Contract Administration Lead Department: Contract Administrator: Aviation Joe Andrade Contract Approvals Council Approval: Resolution Number: Agreement Number: 11/28/2022 1I A9274 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Yes Yes Yes N/A Contract Prepared By: Procurement and Contracting Submitted on: November 1, 2022 By: Brian Sotak-Rossman DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY (412) 552-5999 1,000,000 07/01/2023 90-04319-006 90-04319-010 (CA,DE,FL,IA,NC,PA) CLE-006945550-01 1,000,000 90-04319-002 (HI,ND,WI,WY) X X 07/01/2022 28460 Pittsburgh, PA 15272 Self-Insured Retention of Marsh USA Inc. (412) 552-5249 N 07/01/2022 X PERSONAL USE 07/01/2022 A 07/01/2023 07/01/2022 A except Heavy Trucks and Tractors) Leslie.A.Kress@marsh.com 90-04319-004 (AOS) SPECIFIC EXCESS WORKERS COMP. A 5,000,000 5,000,000 N/A Sentry Casualty Company 1,000,000 X A X 300,000 10/31/2022 PPG 5,000,000 07/01/2022 Statutory/$1MM 07/01/2022 the City and its respective elected officials, officers, employees, agents, and volunteers is/are included as Additional Insured (except worker's compensation) where required by written contract or agreement. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions. Waiver of Subrogation is X 07/01/2023 07/01/2022 3200 E. Tahquitz Canyon Way Palm Springs, CA 92261 CITY OF PALM SPRINGS included in favor of the Additional Insured where permitted by law and required by written contract. 90-04319-011 (VA) A B N/A CN102240308-PPG-GAWUW-22-23 W.C./E.L. 5,000 07/01/2023 1,000,000 07/01/2023 & EMPLOYERS LIABILITY B 90-04319-005 (MA) 5,000,000 24988 1,000,000 1,000,000 07/01/2023 90-04319-001 (AOS) Six PPG Place, Suite 400 Marsh USA Inc. Pittsburgh, PA 15222-5499 X and its Subsidiary Companies PPG Industries, Inc. One PPG Place, 9th Floor Attn: David H. McClain 90-04319-007 (OH, WA) 07/01/2022 Procurement and Contracting Department A Leslie A. Kress 07/01/2023 (CA and OH liability self-insured 07/01/2023 (412) 552-5249 Sentry Insurance Company DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 1 GOODS PURCHASE AGREEMENT A9274 PAINT FOR PALM SPRINGS INTERNATIONAL AIRPORT This Goods Purchase Agreement (“Agreement”) is made and entered into on December 01, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and ENNIS-FLINT, INC., a North Carolina Corporation with its principal place of business at 4161 Piedmont Parkway, Suite 370, Greensboro, NC 27410 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. Section 1. DEFINITIONS. A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference. B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “A,” attached hereto and incorporated herein by reference. Section 2. INSPECTIONS AND TESTS. City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under this Agreement. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof. Section 3. WARRANTY. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of one year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under this Agreement. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this paragraph. DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 2 C. For any breach of the warranties contained in this Section, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City: 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this Section, City will not be limited to the remedies set forth in this Section, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code. Section 4. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit “B,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. The total amount of Compensation shall not exceed $150,000.00. Section 5. CHANGES. City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier. DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 3 Section 6. PAYMENTS. A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit “A”, then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “A”. Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “A” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “A” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense. D. Payment of the final Progress Milestone payment or any retention will be made by City upon: 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “A” and in the amount associated with the Progress Milestone; 2. Written acceptance of the Goods by City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City. E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 4 City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 7. SCHEDULE FOR DELIVERY. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “A.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $0.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “A”. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s). Section 8. TAXES. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 9. INDEPENDENT CONTRACTOR. Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 10. TITLE AND RISK OF LOSS. Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 5 City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods. Section 11. INDEMNIFICATION. A. To extent permitted by law, Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of damages, attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Section 12. INSURANCE. A. General. Supplier shall take out and maintain: 1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 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: DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 6 _________ required ____x_____ is not required; 4. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 13. LIENS. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 7 waiving the right of Claims will be an independent covenant. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 14. TERM. Unless earlier terminated in accordance with Section 15 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on December 1, 2022, and ending on November 30, 2025, unless extended by mutual written agreement of the Parties. At its sole discretion, City may extend the term of this Agreement for up to two (2) additional one (1) year terms. Section 15. TERMINATION OF AGREEMENT BY CITY. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under this Section, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, 2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to this Section, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 8 to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to this Section. Section 16. FORCE MAJEURE Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting Goods described herein if such failure or delay is due to a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (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 Goods); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. 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. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. Section 17. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION A. Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Supplier, 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 Supplier or its successor, or for breach of any obligation of the terms of this Agreement. B. Conflict of Interest. Supplier acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Supplier 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. Supplier warrants that Supplier 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. C. Covenant Against Discrimination. In connection with its performance under this Agreement, Supplier shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Supplier 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, Supplier certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Supplier activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Supplier 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. DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 9 Section 18. MISCELLANEOUS PROVISIONS. A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose: CITY: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: City Manager SUPPLIER: Ennis-Flint, Inc. 4161 Piedmont Pkwy., Ste 370 Greensboro, NC 27410 Attn: Crystal Gentry Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 10 J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party. K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 11 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND ENNIS-FLINT, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _____________________________ By: _____________________________ Signature Signature (2nd signature required for Corporation) Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 11/28/2022 Item No. 1I APPROVED AS TO FORM: ATTEST: By: _____________________________ By: _____________________________ City Attorney City Clerk APPROVED: By: _____________________________ Date: ____________________________ City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E 11/30/2022 12/7/2022 12/8/2022 Revised 2.9.22 12 EXHIBIT “A” CONTRACTOR’S GOODS SPECIFICATIONS Including Schedule of Performance [ATTACHED] DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 13 1.1 Scope: A. Contractor shall provide paint, traffic and airfield marking, waterborne (Work) for the Palm Springs International Airport (PSP) on an as-requested basis, in accordance with Federal Specifications TT-P-1952(E) dated August 6, 2007 (attached). B. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance. C. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager. 1.2 Adjustment of Services: The City reserves the right to reduce or increase, or otherwise adjust the scope of services. 1.3 Warranty: The Contractor shall provide a 1 year warranty on the paint. The City will not accept old stock. 1.4 Pricing: 1. The pricing included in this Contract shall be firm for the first year. 2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas. 3. The City will only pay for the items listed on the bid form. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, travel, mileage, truck charges, fuel charges, service call charges, parking delivery, portal-to portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items. 1.5 Payment: The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section. 1.6 Invoicing: Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 14 documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. 1.7 Special Security Requirements – Palm Springs International Airport: 1. AIRPORT SECURED ACCESS TO WORK AREAS: a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time. c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows: 1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306. 2) Interference with air navigation; 49 U.S.C. 46308. 3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502. 5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504. 6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b). 10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315. DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 15 11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314. 12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder. 14) Assault with intent to murder. 15) Espionage. 16) Sedition. 17) Kidnapping or hostage taking. 18) Treason. 19) Rape or aggravated sexual abuse. 20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon. 21) Extortion. 22) Armed or felony unarmed robbery. 23) Distribution of, or intent to distribute, a controlled substance. 24) Felony arson. 25) Felony involving a threat. 26) Felony involving: i) Willful destruction of property; ii) Importation or manufacture of a controlled substance; iii) Burglary; iv) Theft; v) Dishonesty, fraud, or misrepresentation; vi) Possession or distribution of stolen property; vii) Aggravated assault; viii) Bribery; or ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year. 27) Violence at international airports; 18 U.S.C. 37. 28) Conspiracy or attempt to commit any of the criminal acts listed. 2. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor, or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel. Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 16 badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site. All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attending SIDA training and completing security badge application. Attendance of the video-based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00. 3. Violations – All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges. DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 17 EXHIBIT “B” FEE SCHEDULE [ATTACHED] DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E Revised 2.9.22 18 DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY (412) 552-5999 1,000,000 07/01/2023 90-04319-006 90-04319-010 (CA,DE,FL,IA,NC,PA) CLE-006945550-01 1,000,000 90-04319-002 (HI,ND,WI,WY) X X 07/01/2022 28460 Pittsburgh, PA 15272 Self-Insured Retention of Marsh USA Inc. (412) 552-5249 N 07/01/2022 X PERSONAL USE 07/01/2022 A 07/01/2023 07/01/2022 A except Heavy Trucks and Tractors) Leslie.A.Kress@marsh.com 90-04319-004 (AOS) SPECIFIC EXCESS WORKERS COMP. A 5,000,000 5,000,000 N/A Sentry Casualty Company 1,000,000 X A X 300,000 10/31/2022 PPG 5,000,000 07/01/2022 Statutory/$1MM 07/01/2022 the City and its respective elected officials, officers, employees, agents, and volunteers is/are included as Additional Insured (except worker's compensation) where required by written contract or agreement. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions. Waiver of Subrogation is X 07/01/2023 07/01/2022 3200 E. Tahquitz Canyon Way Palm Springs, CA 92261 CITY OF PALM SPRINGS included in favor of the Additional Insured where permitted by law and required by written contract. 90-04319-011 (VA) A B N/A CN102240308-PPG-GAWUW-22-23 W.C./E.L. 5,000 07/01/2023 1,000,000 07/01/2023 & EMPLOYERS LIABILITY B 90-04319-005 (MA) 5,000,000 24988 1,000,000 1,000,000 07/01/2023 90-04319-001 (AOS) Six PPG Place, Suite 400 Marsh USA Inc. Pittsburgh, PA 15222-5499 X and its Subsidiary Companies PPG Industries, Inc. One PPG Place, 9th Floor Attn: David H. McClain 90-04319-007 (OH, WA) 07/01/2022 Procurement and Contracting Department A Leslie A. Kress 07/01/2023 (CA and OH liability self-insured 07/01/2023 (412) 552-5249 Sentry Insurance Company DocuSign Envelope ID: DB95F8E3-F965-48A7-9A78-D0C1E458FD6E +4 92 74 CERTIFICATE OF LIABILITY INSURANCE °06 23 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 endorsementtsl. PRODUCER MARSH USA LLC. Six PPG Place, Suite 400 Pittsburgh, PA 15222-5499 (412)552-5249 INSURED PPG Industries, Inc. and its Subsidiary Companies Attn: David H. McClain One PPG Place, 91h Floor Pittsburgh, PA 15272 NAME- Leslie A. Kress rANr u F.H. (412) 552-5249 rri/D. N„ t. (412) 552-M COVERAGES CERTIFICATE NUMBER: CLE-006945550.02 REVISION NUMBER' 24988 28460 NIA 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. INBR LTR TYPE OF INSURANCE ADDLE POLICY NUMBER POLICYEFF MUM POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY 90-04319.006 07101/2023 07101/2024 EACH OCCURRENCE E 5,000,000 ClAAGE OCCUR To 'TEAIMS-MADE PRDA"EMISES Ea occurrence $ 1,000,000 MEDEXP(An one arson) f 10,000 PERSONAL& ADV INJURY S 1.000,000 GENT AGGREGATE LIMIT APPLIES PER: X ROI POLICY IT]JECT FX LOC GENERAL AGGREGATE S 5,000,000 PRODUCTS - COMP/OPAGG S 5,000,000 B OTHER: A A AUTOMOBILELIASILITY ANY AUTO 90-04319-M(ADS) 90-04319-005(MA) 07MI12023 07,01/2023 07,0112024 07N1/2024 COMBINED SINGLE LIMIT Fa socident S 1000000 X BODILY INJURY (Per person) S OWNED SCMEOULED AUTOS ONLY AUTOS CA and OH liability seff4marred BODILY INJURY (Per accident) S PROPERTY DAMAGE a ctieenl S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BMxapt Heavy TNdcs and Tractors PERSONAL USE It 300,000 UMBRELLALWB OCCUR EACH OCCURRENCE S AGGREGATE f EXCESS LIAR CLAMS -MADE DED RETENTI f A B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE YIN OFFICEP/MEMBEREXCLUDED9 �N (Mandatory In NH) NIA 90-04319.001(A S) 90404319002 (HI,NO,WI,W1') 90-04319-010(CA,OE,FL,IA,NC,PA) 0710112023 07A1/2023 / 07I0112024 071OV2024 X I PEft 01 STATUTE ER E.L EACH ACCIDENT f 1,000,000 E.L. DISEASE -EA EMPLOYEE S 1,000,000 t yes. describe under DESCRIPTION OF OPERATIONS bebw E.L DISEASE - POLICY LIMITf 1,000,000 A SPECIFIC EXCESS WORKERS COMP. 90-MI9-007(OH, WA) 07A1@023 O7A1R024 WC.,E.L. StatilMSIMM & EMPLOYERS LIABILITY Self -Insured Retention 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, AJdifional Remarks Schedule, may be attached if more space is required) he City and its respective elected officials. officers, empbyees agents. and volunteers island included as Additimal Insured (except workers compensation) where required by whiten contract or agreanant. This insurance is pnmary and noncontributory o',er any existing insurance and limited In liability arising out of the operations of the named insured subject to policy tens and conditions Waiter of Subrogation is included in favor of the Atltlilldnal Insured where permitted by law and required by written connect. CERTIFICATE HOLDER CANCELLATION CITY OF PALM SPRINGS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Procurement and Contracting Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3200 E. Tahquitz Canyon Way ACCORDANCE WITH THE POLICY PROVISIONS. Palm Springs, CA 92261 AUTHORDED REPRESENTATIVE of Marah USA LLC 7MGwaL ZCSr.O L6� ACORD 25 (2016/03) ©1988.2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD