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HomeMy WebLinkAboutA9030 - MARCO INDUSTRIES, INC DBA MAR-CO EQUIPMENT COMPANYGMGS Risk Management & Insurance Services 6201 Oak Canyon, Suite 100 Irvine, CA 92618 City of Palm Springs Procurement & Contracting Department 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 Charise M. Ferguson GMGS Risk Management & Insurance Services CA License #DB84519 6201 Oak Canyon, Suite 100, Irvine, CA 92618 Office: 949-559-3367 1 Fax:949-559-3397 charisef@gmgs.com MAIL DOCUMENT Certificate of Insurance Delivery by ecertsonline1°I Sender. Charise Ferguson Phone: (949) 559-6700 ubjei Cert No. 82526221 - Certificate of Liability: Marco Industries Inc. Daze] 10/29/2024 No,'off Pages- 17 RRL.- www.gmgs.com THIS MESSAGE IS INTENDED FOR THE USE OF THE WDPNOUAL OR ENTITY TO WHICH R IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFDENIIALAND EXEMPT FROM DISCLOSURE UNOFRAPPLICABIE LAW. IF THE READER OF THE MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBYNOTIFIED THATANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHWnFa IF YOU HAVE RECEIVEO TH6COMMUNICATION N ERROR, PLEASE NOTIFY US IMFIIIATELY BYTeEPHONE,AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIAREGULAR POSTAL SERVICE. Certificate of Insurance Delivered by ecerlsonlinoTM Insurance Visions, Inc. All rights reserved. ACORU CERTIFICATE OF LIABILITY INSURANCE 41 ME(MM OD YYYY) 1 1 on9/2024 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). PRooucEa GMGS Risk Management & Insurance Services 6201 Oak Canyon, Suite 100 NAMEChanse Fercuson PHONE 94s 559-3367 FAX No): 949 5596703 WASS charisefAqmcis.com CA 92618 INSURERS AFFORdNGCOVERAGE mile INSURER A: Hartford Fire Insurance Connpany IW82 vnvwgmgS.Com OB84519 INSURED RECEIVED Marco Industries Inc. dba: Mar -Co EquippNOVment Company f1 C 130Atlantic Street ll 1 2024 INSURER e: Trumbull Insurance Company 27120 INSURER c: Hartford Casuaky_Insurance Company 29424 INSURER : Republic IndemnitCompany of America 22179 Pomona CA 91768 ,NSURERE: _ RER F : COVERAGES CERTIFICATE NUMBE0E-J2526221—a aa' REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE ADDL BR POLICY NUMBER POUCYEFF MM POUCYEXP MMIDD LIMITS A r/ COMMERCIALGENERALLMMUTY CLAIMS -MADE F.—,] OCCUR 72UUNSV6CML 11/1/2024 11/1/2025 EACH OCCURRENCE S1000000 PREMISES Ea occrarMlca $300000 GENL .X N MED EXP (Any ore pecan) $1 O 000 PERSONAL S ADV INJURY s1,01K.000 AGGREGATE LIMIT APPLIES PER. POLICY ❑ JJEEC LOC OTHER: GENERALAGGREGATE s2,000,000 PRODUCTS - COMPIOP AGO s2000000 $ 8 AUTOMGBae UABIUTY ANY AUTO OWNED F7 SCHEDULED AHIRED UTOS ONLY AUTOS AUTOS ONLY A�QSONLY 72UENOL1604 Physical Damage: $1,000 Comp Ded. 1 000 Coll Ded. 11/1/2024 11/1/2025 COMBINED a SINGLE LIMIT $1 ODD ODO BODILY INJURY (Pea person) S BODILY INJURY (Per actiW,d) $ V PROPERTY DAMAGE Par uadam) S S C r/ UMBRELLA LAO EXCESS LIAB OCCUR CLAIMS -MADE 72HHUSV6CNV 1111/2024 11/1/2025 EACH OCCURRENCE $5000000 AGGREGATE $$ 000 000 DED RETENTION S $ D WORKERSCOMPENSATION ANDEMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNERIF,XECUTNE OFFICER/MEMBEREXCLUDED'! (MaMlatory In NH) II yea deacnMe under DESCRIPTION OF OPERATIONS MMaw NIA 173795-18 11/1/2024 11/1/2025 V PEnT RH E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE -EA EMPLOYEE $ EL 01SEASE-POLICY LIMIT S10000DO DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddiMonal Remarks Schedule, may W aBacined H mom space ie reRainnn This certificate may be relied upon only if the certificate addendum referred to herein is attached hereto. City of Palm Springs Procurement 8 Contracting Department 3200 E. Tahquitz Can on Way Palm Springs CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE mcucr— All riahts reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 82526221 1 24-25 A,G/M'U-PD I Charice Ferguson ....i ..._ _. ... ' IP tiI °age I o. :6 AGENCY CUSTOMER ID: LOC #: A " ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED GMGS Risk Management & Insurance Services POUCYNUMBER Marco Industries Inc. dba: 130 Atlantic 9tr eer(t Company 991768 Pomona CA CARRIER NAIC CODE EFFECTNE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Palm Springs Procurement & Contracting Department ADDRESS: 3200 E.Tahquitz Canyon way Palm Springs CA 92262 As respects General Liability coverage, The City of Palm Springs, it's officials, employees and agents are added as Additional Insured and this insurance is primary, per H000010916 attached. As respects General Liability coverage, a Waiver of Subrogation is hereby included, per HG00010916 attached. As respects General Liability coverage, 30-day written notice of cancellation (10 days for non-payment of premium) applies per IL00171198 attached. As respects Automobile Liability coverage, The City of Palm Springs, it's officials, employees and agents are added as Additional Insured, and this insurance is primary, per HA99751221 attached. As respects Workers' Compensation coverage, a Waiver of Subrogation is hereby included, per WC000313 attached. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 62526221 1 29-25 A/G/W/U-PD I chaalee Fevgueon 1 10/29/2024 10:11:03 AM (PDT) I Page 2 of 16 72U1JNSV6CML SECTION II -WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (1)(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services: (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any "employee" or "volunteer worker" providing first aid services; and (b)Subparagraph (1)(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50%G of the voting stock on the effective date of the Coverage Part. HG 00 0109 16 82526221 1 24-25 A/G/W/U-PO I Charise For"3on 1 10/29/2024 10:11:03 AM (PGS) I Page 3 of 16 Page 11 of 21 The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However. a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to 'personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. 'Bodily injury" to a co -"employee" of the person operating the watercraft; or b. 'Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. S. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or 'property damage" included within the 'products -completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or 'property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b)Any express warranty unauthorized by you; (c)Any physical or chemical change in the product made intentionally by the vendor; (d)Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution, of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or Page 12 of 21 82526221 1 24-25 A/G/W/U-PD I CAarise Ferguson 1 10/29/2024 10:11:03 AM (PDT) I Page 4 of 16 HG 00 01 09 16 (h)'Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub -paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only 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). (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any 'occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place 'after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for 'bodily injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on`your behalf (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or 'personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. 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 services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) 'Bodily injury", 'property damage" or "personal and 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". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; HG 00 01 09 16 02526221 1 24-25 A/G/W/U-PU I Charise Ferguson 1 10/29/2024 10:11:03 AM (POT) I Page 5 of 16 Page 13 of 21 (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you 'to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". However. (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "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: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) 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 services by or for you. The limits of insurance that apply to additional insureds is described in Section III - Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV - Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the 'products -completed operations hazard"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of 'bodily injury" and 'property damage" included in the 'products -completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all 'personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 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 or explosion, while rented to you or temporarily occupied by you with permission of the owner. Page 14 of 21 82526221 124-25 A/G/Y!/U-PD I CAaride Ferguson 1 10/29/2024 10:11:03 AN (PDT) I Page 6 of 16 HG 00 01 09 16 72UUNSV6CML (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fin:, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner, Page 16 of 21 (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured underthis coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. HG 00 01 09 16 82526221 1 24-25 A/G/N/U-PD I charise Ferguson 1 10/29/2024 10:11:03 AM (PDT) I Page 7 of 16 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. 6. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium HG 00 01 09 16 computation, and send us copies at such times as we may request. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are � based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in .this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the Page 17 of 21 82526221 1 29-25 A/G/W/U-PO I Charise Ferguson 110/29/2029 10:11:03 AM (POT) I Page 8 OI 16 Marco Industries Inc. dba: 721JEN01,1604 Mar -Co Equipment Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT WITH VEHICLE WRAP EXTENSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED Paragraph 1. Who is an Insured of Section II — Covered Autos Liability Coverage is amended to include the following: d. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. Form HA 99 75 12 21 e. Employees as Insureds Paragraph 1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: (1) Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. f. Lessors as Insureds Paragraph 1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: (1) The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (a) The agreement requires you to provide direct primary insurance for the lessor and (b) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. g. Additional Insured if Required by Contract Paragraph 1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: (1) When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused © 2021, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) 82526221 1 24-25 A/G/W/U-PD I CAariae Ferguson 1 10/29/2024 10:11:03 AM (PDT) I Page 9 of 16 Page 1 of 5 by the conduct of an "insured" under EVENT OF ACCIDENT, CLAIM , SUIT paragraphs a. or b. of Who Is An OR LOSS — OF SECTION IV — Insured with regard to the ownership, BUSINESS AUTO CONDITIONS, in the maintenance or use of a covered "auto." same manner as the Named Insured. The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (a) During the policy period, and (b) Subsequent to the execution of such written contract, and (c) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE 2. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in A.11 - Additional Insured If Required by Contract, the following provisions apply: (1) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (2) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against 'all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance .would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in SECTION IV — Business Auto Conditions, B. General Conditions, Other Insurance 5.d. 3. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The SECTION IV — Business Auto Conditions, B. General Conditions, OTHER INSURANCE Condition is amended by adding the following: Page 2 of 5 Form HA 99 75 12 21 82526221 1 24-25 A/G/W/U-P0 I CAarlse Ferguson 1 10/29/2024 10:11:03 M (POT) I Page 10 of 16 e. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 4. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss'; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a•deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 6. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 7. LOANILEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 8. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 9. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs BA - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 is amended to add the following: Form HA 99 75 12 21 82526221 1 24-25 A/G/W/U-PU I CAacise Ferguson 1 10/29/2024 10:11:03 AM (PDT) I Page 11 of 16 Page 3 of 5 $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 10.EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 11. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 12. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 13. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that 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, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 15. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV, B.7.B.(6) - BUSINESS AUTO CONDITIONS is replaced by the following: (6). For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 16. WAIVER OF SUBROGATION Paragraph 5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of, SECTION IV - BUSINESS AUTO CONDITIONS A. Loss Conditions is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 17. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. Page 4 of 5 Form HA 99 7512 21 82526221 1 24-25 A/G/W/U-PO I Charlse Ferguson 1 10/29/2024 10:11:03 AM (PDT) I Page 12 of 16 18. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 19. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. G For the purposes of the coverage provision, a. A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b. A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 20. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $5,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $15,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. Form HA 99 75 12 21 82526221 1 24-25 A/G/W/O-PU I Charise Ferguson 1 10/29/2024 10:11:03 AM (PDT) I Page 13 of 16 Page 5 of 5 72UUNSV6CML Marco Industries Inc. dba: Mar -Co Equipment Company COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to US. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rate. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suf- ficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re- cords as they relate to this policy at any time dur- ing the policy period and up to three years after- ward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 00 17 1198 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 82526221 1 24-25 A/G/w/U-PD I CAarise Ferguson 1 10/29/2024 10:11:03 MI (PDT) I Page 14 n1 16 Page 1 of 1 ❑ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule - State Person or Organization Job Description California All persons or organizations All jobs whom the Named whom the Named Insured has Insured has agreed by written agreed by written contract to contract to furnish this waiver. furnish this waiver. The charge for this endorsement shall be 3% of total manual premium, subject to a minimum premium of $100. This charge will be billed on your next invoice based on current manual premium, and the final charge will be calculated and billed at the final audit. WC 00 03 13 (Ed. 04-84) 1 of 2 Producer Copy erszsz&I68iWall0Y9('6&h2tt'ofi'd6M0etigMS81n6 A&?124 ia:11:03 nn (enx) i Page 15 of 16 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Republic Indemnity Company of America Company Number 19739 Insured Mar -Co Equipment Company Policy Number 173795-18 Endorsement Number Endorsement Effective November 01, 2024 Printed On WC 00 03 13 (Ed. 04-84) Countersigned by : Insured Copy e252sz�3� a {rd�id��� �iFll�ofi)L'blti�eFixdtYdA9n'sLW&.2oza 10:11:03 AN (PDT) I Page 16 of 16 CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Contact: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Email: Contract Administration Lead Department: Contract Administrator/ Ext: Funding Source: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Signatures: Insurance: Bonds: Business License: Solicitation / 3 Quotes: Sole Source / Co-Op: CoOp Agmt #:________________ CoOp Name: ________________ CoOp Pricing:________________ Submitted on: By: N/A N/A N/A Jacob Colella / 3901 Aviation N/A 20,790.99 Mar-Co Equipment Company 4167070-80000 A9030 N/A Additional parts added on the purchased runway sweeper Attached Attached Attached Attached Becky Brown bbrown@marcoequip.com N/A - Not going to CC 1 N/A N/A Christina Brown February 1, 2023 - December 31, 2023 June 28, 2023 DocuSign Envelope ID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 CITY OF PALM SPRINGS GOODS PURCHASE AGREEMENT NO. A9030 CNG POWERED AIRPORT RUNWAY SWEEPER This Goods Purchase Agreement (“Agreement”) is entered into this 1st day of February, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation City”), and MARCO INDUSTRIES, INC DBA MAR-CO EQUIPMENT COMPANY, a Corporation, organized in the state of California with its principal place of business at 130 Atlantic Street, Pomona, CA 91768 (“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 “B,” 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: E66C603E-4B57-486E-8D31-87226E2F9D18 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 “C,” 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. 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. 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 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 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 “B,” 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 “B.” 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 “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” 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 “B” 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 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. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 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 “B.” 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 zero dollars, $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 “B.” 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 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. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 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. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance of at least $1,000,000 per occurrence and 2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. 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 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 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 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. 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. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 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 to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to this Section. Section 15. 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 16. 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 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 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. Section 17. 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: Mar-co Equipment Company 130 Atlantic Street Pomona, CA 91768 Attn: Neil Feinberg 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 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 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. 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. Section 18. FEDERAL PROVISIONS. Since funding for the Goods is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND MAR-CO EQUIPMENT COMPANY 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: 01/27/2022 Item No. 1L Agreement No. A9030 APPROVED AS TO FORM: ATTEST: By: _____________________________ By: _____________________________ Jeffrey S. Ballinger, AnthonyMejia, CityAttorney CityClerk 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: E66C603E-4B57-486E-8D31-87226E2F9D18 2/2/2022 2/2/2022 2/3/2022 Exhibit A Goods Specifications 1.1 General Requirements: A. It is the intent of these specification to describe the minimum acceptable performance standards for obtaining a new CNG powered Airport Runway Sweeper. The equipment requested will be used for sweeping and blowing Foreign Object Debris (FOD) from the runways, taxiways, and streets of the Palm Springs International Airport. The successful bidder shall verify the airport runway sweeper specification suitability to this application with the frame body manufacturer. B. The equipment offered shall include all of the manufacturer’s standard equipment for the equipment model offered in addition to the items required by the specifications. C. These specifications cover new equipment manufacturers that will meet or exceed the following requirements. 1.2 Equipment Specifications: The following describe the City’s minimum Technical Specifications for equipment functionality, durability, serviceability, and economics. Airport Equipment Specifications This specification describes City of Palm Springs technical specifications for a Cummins CNG Sweeper or equivalent. A General: The Airport desires a CNG-powered Airport Runway Sweeper that is sufficiently rated to transport a full load of sweeping debris at speeds of up to 55 MPH. This vehicle shall be able to sweep access roads and parking lots with and without curbs and gutters. B Chassis: 2021 Freightliner M2 Chassis with Cummins 6.7 CNG Engine or equivalent C Suspension: Spring Suspension, both axels D Engine: Cummins 6.7 CNG Engine, 4 Tank 60 DGE Fuel System or equivalent E Alternator: 95 Amp F Steering: Single cockpit steering and operator controls G Paint: Standard White (body and chassis) H Hopper: Capacity: 8.0 Cubic Yards minimum Door: Rear Door, hydraulically opened/closed DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Lock/Unlock: External Manual Controls Dump: In cab hopper dump Deluge: V-shaped nozzle assembly in rear door for easy washing I Console: Tachometer, engine hour meter, oil pressure indicator, coolant temperature, voltmeter and fuel lever indicator, water level gauge and warning lights for hopper pressure controls J Regenerative Air or Vacuum Sweeper System: (Mechanical sweepers are unacceptable). K Blower: CFM: 20,000 rating with linatex lined housing or equivalent, fan rated by independent test facility Housing: Inspection point that facilitates safe operator access. L Brooms: Dual side brooms with 7’ or greater sweeping swath and lights for night operations Rotation: Hydraulic Rotation Ruler: Broom measurement ruler Throttle: Electronic throttle, sweep resume/sweep transport/ reverse pickup Stop: Side Broom Outer Position Stop Tilt: Side Broom Tilt Option M Spray Nozzles and Bar: Sixteen (16), seven (7) in the pick-up head, three (3) in the suction nozzle, three (3) at each side broom. Spray Bar Front-mounted N Vacuum: Enhancer in cab Pick up Head: Hydraulically operated, 14 (355 mm) outside diameter pressure hose, 12-3/4 324mm) inside diameter suction hose with quick disconnect on suctions side or equivalent O Hose: Water pre-filter, hydrant fill hose Length: 16 feet Coupling: NST coupling and anti-siphon connector P Fuel Water Separator in Aux Engine Q Water Tank Capacity: 240 gallons Housing: Molded polyethylene or equivalent Water Pump: Selectively controlled from cab DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 R Camera Rear-mounted camera S Lights All tail lamps, stop lamps, back-up lamps and turn indicator lamps to be recess mounted Rear clearance and Rear Identification: LED Safety Lighting: Amber-colored, flashing light bar mounted on the uppermost part of the vehicle cab and visible from any direction day or night, including the air T Mirrors: West Coast type with 8” convex inserts, one on each side U Back up alarm, electric V Air Conditioning and Heating: Factory Installed W Tires: rear axle must have dual tires; all tires must be the same size Spare: spare tire and rim X Manuals: Provide two (2) Operation and Maintenance Manuals, (1) Parts Manual and (1) shop service and repair manual Y Safety triangles and slow moving vehicle sign Z Two-way VHF Airband radio; cab-mounted 1.3 Parts and Services: A. Service Capability: The Contractor must have facilities, factory trained personnel, equipment, and parts available to completely service, maintain, overhaul, and repair the equipment offered within Riverside County, California. B. Parts Pricing and Availability The Contractor agrees to offer OEM parts to the City of Palm Springs at a discounted rate for the life of the equipment or as otherwise stated. The Contractor shall maintain an adequate stock of normal replacement parts and shall make deliveries within 48 hours when requested. C. Operational Standards and Testing The Contractor shall be responsible for conducting tests to ensure that its equipment meets the operation and performance requirement it advertises. Certified records of these compliance tests shall be submitted by the manufacturer. Equipment tests shall be conducted on standard production models and not on specially constructed prototypes. D. Post Delivery Inspection Contractors shall prepare for a post-delivery inspection service of the equipment, approximately 30 days after it is placed in service. The inspection service shall include the following: DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 1. Check all operating systems for proper operation and adjustment 2. Check equipment visually for leaks and material defects E. Delivery Contractor must deliver sweeper no later than 150 days after receipt of the purchase order. F. Training for City of Palm Springs Staff The Contractor shall provide operational and service/repair/troubleshooting training. G. Warranty The Contractor shall provide a minimum of a one-year warranty on the sweeper. 1.4 Compensation: The Contractor will be compensated on a lumpsum basis that is inclusive of all costs related to the specifications and requirements. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Exhibit B Delivery Schedule Contractor must deliver sweeper no later than 150 days after receipt of the purchase order. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Exhibit C - Fee Schedule DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 1 of 33 Exhibit D FEDERAL AVIATION ADMINISTRATION FEDERAL PROVISIONS UPDATED 10.25.2021 Provision Reference Provision Description Page No. FAA - 01 Access to Records and Reports 2 FAA - 02 Affirmative Action Requirement * 3 FAA – 03 Breach of Contract 4 FAA – 04 Buy American Preferences * 5 FAA – 05 Civil Rights General 6 FAA – 06 Civil Rights – Title VI Assurances * 7 FAA – 07 Clean Air/Water Pollution Control 10 FAA – 08 Contract Work Hours and Safety Standards 11 FAA – 09 Copeland Anti-Kickback 12 FAA – 10 Davis Bacon Requirements 13 FAA – 11 Debarment and Suspension * 14 FAA – 12 Disadvantaged Business Enterprise * 15 FAA – 13 Distracted Driving 16 FAA – 14 Energy Conservation Requirements 17 FAA – 15 Drug Free Workplace (not applicable to Contractors) 18 FAA – 16 Equal Employment Opportunity 19 FAA – 17 Federal Fair Labor Standards Act * 20 FAA – 18 Lobbying Federal Employees 21 FAA – 19 Prohibition of Segregated Facilities 22 FAA – 20 Occupational Safety and Health Act 23 FAA - 21 Procurement of Recovered Materials 24 FAA – 22 Rights to Inventions 25 FAA – 23 Seismic Safety 26 FAA – 24 Tax Delinquency and Felony Conviction 27 FAA – 25 Termination of Contract 28 FAA – 26 Trade Restriction (Foreign) * 32 FAA – 27 Veteran’s Preference 33 Solicitation Clause also Stricken clauses do not apply to this contract DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 2 of 33 FAA – 01 Access to Records and Reports The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts, and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference: 2 CFR § 200.333, 2 CFR § 200.336, FAA Order 5100.38 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 3 of 33 FAA – 02 Affirmative Action Requirement Not applicable to this contract. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 4 of 33 FAA – 03 Breach of Contract Any violation or breach of terms of this contract on the part of the [Contractor | Consultant] or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide [Contractor | Consultant] written notice that describes the nature of the breach and corrective actions the [Contractor | Consultant] must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the Contractor | Consultant] must correct the breach. Owner may proceed with termination of the contract if the [Contractor | Consultant] fails to correct the breach by the deadline indicated in the Owner’s notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law. Reference: 2 CFR § 200 Appendix II(A) DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 5 of 33 FAA – 04 Buy American Preferences The Buy American Preference requirement in 49 USC § 50101 requires that all steel and manufactured goods used on AIP projects be produced in the United States. Specific Buy American requirements will be outline in the solicitation documents. If no requirements are found in the solicitation this clause if void. Reference: Title 49 USC § 50101 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 6 of 33 FAA – 05 Civil Rights General For Contracts: The Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. For Lease or Transfer Agreements: The (tenant/concessionaire/lessee) agrees to comply with pertinent statutes, Executive Orders, and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. If the tenant/concessionaire/lessee) transfers its obligation to another, the transferee is obligated in the same manner as the (tenant/concessionaire/lessor). This provision obligates the (tenant/concessionaire/lessee) for the period during which the property is owned, used, or possessed by the (tenant/concessionaire/lessee) and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. Reference: 49 USC § 47123 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 7 of 33 FAA – 06 Civil Rights – Title VI Assurances Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 8 of 33 request the United States to enter into the litigation to protect the interests of the United States. A6.4.5 Title VI List of Pertinent Nondiscrimination Acts and Authorities Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended prohibits discrimination on the basis of disability); and 49 CFR part 27; The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients, and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). Reference: 49 USC § 47123, FAA Order 1400.11 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 9 of 33 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 10 of 33 FAA – 07 Clean Air/Water Pollution Control Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceeds $150,000. Reference: 2 CFR § 200, Appendix II(G) DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 11 of 33 FAA – 08 Contract Work Hours and Safety Standards Not applicable to this contract. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 12 of 33 FAA – 09 Copeland Anti-Kickback Not applicable to this contract. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 13 of 33 FAA – 10 Davis Bacon Requirements DAVIS-BACON REQUIREMENTS Not applicable to this contract. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 14 of 33 FAA – 11 Debarment and Suspension A11.3.1 Bidder or Offeror Certification By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. A11.3.2 Lower Tier Contract Certification CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Contractor will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 15 of 33 FAA – 12 Disadvantaged Business Enterprise Contract Assurance (§ 26.13) – The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Owner deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non-responsible. Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime contractor receives from [the City]. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non- DBE subcontractors. Reference: 49 CFR part 26 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 16 of 33 FAA – 13 Distracted Driving TEXTING WHEN DRIVING In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project. Reference: Executive Order 13513, DOT Order 3902.10 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 17 of 33 FAA – 14 Energy Conservation Requirements Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq). Reference: 2 CFR § 200, Appendix II(H) DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 18 of 33 FAA – 15 Drug Free Workplace Requirements The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working. Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 19 of 33 FAA – 16 Equal Employment Opportunity Not applicable to this contract. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 20 of 33 FAA – 17 Federal Fair Labor Standards Act The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The [Contractor | Consultant] has full responsibility to monitor compliance to the referenced statute or regulation. The [Contractor | Consultant] must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division. Reference: 29 USC § 201, et seq DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 21 of 33 FAA – 18 Lobbying and Influencing Federal Employees Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(J), 49 CFR part 20, Appendix A DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 22 of 33 FAA – 19 Prohibition of Segregated Facilities Not applicable to this contract. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 23 of 33 FAA – 20 Occupational Safety and Health Act All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration. Reference: 29 CFR part 1910 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 24 of 33 FAA – 21 Procurement of Recovered Materials Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever: 1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or 2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA-designated items is available at www.epa.gov/smm/comprehensive- procurement-guidelines-construction-products. Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. Reference: 2 CFR § 200.322, 40 CFR part 247, Solid Waste Disposal Act DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 25 of 33 FAA – 22 Rights to Inventions Not applicable to this contract. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 26 of 33 FAA - 23 Seismic Safety Not applicable to this contract. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 27 of 33 FAA – 24 Tax Delinquency and Felony Conviction The Contractor must have certified under the procurement process that resulted in the award of this contract that: Contractor has not been convicted of a Federal felony within the last 24 months; or Contractor does not have any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted. Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), and similar provisions in subsequent appropriations acts. DOT Order 4200.6 - Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 28 of 33 FAA – 25 Termination of Contract A25.3.1 TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT CONTRACTS) The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: 1. Contractor must immediately discontinue work as specified in the written notice. 2. Terminate all subcontracts to the extent they relate to the work terminated under the notice. 3. Discontinue orders for materials and services except as directed by the written notice. 4. Deliver to the Owner all fabricated and partially fabricated parts, completed, and partially completed work, supplies, equipment, and materials acquired prior to termination of the work, and as directed in the written notice. 5. Complete performance of the work not terminated by the notice. 6. Take action as directed by the Owner to protect and preserve property and work related to this contract that Owner will take possession. Owner agrees to pay Contractor for: 1) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination; 2) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work; 3) reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and 4) reasonable and substantiated expenses to the Contractor directly attributable to Owner’s termination action. Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner’s termination action. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract. TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES) The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 29 of 33 Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. A25.3.2 Termination for Default TERMINATION FOR DEFAULT (CONSTRUCTION) Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights, and remedies associated with Owner termination of this contract due to default of the Contractor. TERMINATION FOR DEFAULT (EQUIPMENT) The Owner may, by written notice of default to the Contractor, terminate all or part of this Contract if the Contractor: 1. Fails to commence the Work under the Contract within the time specified in the Notice- to-Proceed; 2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms; 3. Fails to make delivery of the equipment within the time specified in the Contract, including any Owner approved extensions; 4. Fails to comply with material provisions of the Contract; 5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; or 6. Becomes insolvent or declares bankruptcy. If one or more of the stated events occur, the Owner will give notice in writing to the Contractor and Surety of its intent to terminate the contract for cause. At the Owner’s discretion, the notice may allow the Contractor and Surety an opportunity to cure the breach or default. If within [10] days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default to the satisfaction of the Owner, the Owner has authority to acquire equipment by other procurement action. The Contractor will be liable to the Owner for any excess costs the Owner incurs for acquiring such similar equipment. Payment for completed equipment delivered to and accepted by the Owner shall be at the Contract price. The Owner may withhold from amounts otherwise due the Contractor for such completed equipment, such sum as the Owner determines to be necessary to protect the Owner against loss because of Contractor default. Owner will not terminate the Contractor’s right to proceed with the Work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such acceptable causes include: acts of God, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, and severe weather events that substantially exceed normal conditions for the location. If, after termination of the Contractor’s right to proceed, the Owner determines that the Contractor was not in default, or that the delay was excusable, the rights and obligations of DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 30 of 33 the parties will be the same as if the Owner issued the termination for the convenience the Owner. The rights and remedies of the Owner in this clause are in addition to any other rights and remedies provided by law or under this contract. TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES) Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to: 1. Perform the services within the time specified in this contract or by Owner approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to the Consultant in accordance with the terms of this Agreement; 3. Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant. DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 31 of 33 Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract. In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80- 09 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 32 of 33 FAA – 26 Foreign Trade Restriction TRADE RESTRICTION CERTIFICATION By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001. The Contractor must provide immediate written notice to the Owner if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or 3) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. Reference: 49 USC § 50104, 49 CFR part 30 DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Page 33 of 33 FAA – 27 Veteran’s Preference In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Reference: 49 USC § 47112(c) DocuSign Envelope ID: E66C603E-4B57-486E-8D31-87226E2F9D18 Aq o 30 ACORbN CERTIFICATE OF LIABILITY INSURANCE DA EIMMOD 10127/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the 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 endorsements). PRODUCER 9 GMGS Risk Mana ement & Insurance Services 6201 Oak Canyon, Suite 100 CONTACT NAME: Chanse Fe usonPHONE 9495593367 FUC No: 9495596703 E-MAIL ADDRESS, charisefOgmgs. 00m Irvine, CA 92618 INSURERBAFFORDWGCOVEMGE NAILS INSURER A: Hartford Fire Insurance Company 19682 www.gmgs.cem OBM19INSUREDMarcoIndustriesInc. dba: Mar -Co Equiment Company p INSURER B: Harford CasualtyInsurance Company 29424 xsuRERc: Republic lndemn Coma of America 22179 130 Atlantic Street INSURER D: xSUREa E: Pomona CA 91768 INSURER FCOVFRAGFSCFRTIFICATFNIIMRFR' TnooADAn REVISION NUMRER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR rypE OF INSURANCE SR POLICY NUMBER POLICY EFF M POLICY EXP MMIDD UNITS A COMMERCIALGENERALUJIUMUTY CLAIMS - MADE OCCUR 72UUNSV7901 11/ 1/2022 11/ 1/2023 EACMOCCURRENCE s1000000 PREMI aoounence s30D000 MED EXP ( An ore ) 1 O 000 PERSONAL S ADV I HAIRY S11,000,000 GEWLAGGREGATEUMITAPPUESPER: POLICY JJECT LOG OTHER: GENERALAGGREGATE s2.000,000 PRODUCTS- COMP/OP AGO 2 00O 000 S A AUTOMOBILELIABILITY ANY AUTO OWNED SCHEDULED AUTOSONLY AUTOS MIRED NON-0WNED AUTOS AUTOS ONLY 72UENOL1604 p Physical Dama e: 9 1,000 Comp Ded. i 000 Coll Ded. IV1/ 2022 11/1/2023 COMBI ED SINGLE LIMIT 1000000 BODILY INJURY (Per Pews) s BODILY INJURY IPx amaNe) PROPERTY DAMAGE a srfi S S B UMBRELLA UAII EXCESIS LWB OCCUR CWMS#UOE 72HHUSV7902 11/ l/ 2022 11/ 1/2023 EACH OCCURRENCE S5000000 AGGREGATE s$000000 DELI I I RE NT10Ns C WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANYPROPRIETORIPARTNER,EXECUTIVE YIN OFFICE"EMSEREXCLUDED9 ManOaWry In NH) R yss dewnM unEer DESCRIPTION OF OPERATIONS De,Dx NIA 173795-16 11/1/ 2022 11/1/2023 O/ PERRTUTE 011` E.L EACH ACCIDENT 1000000 E.L DISEASE - EA EMPLOYEE S E.L DISEASE -POLICY LIMIT 10D0000 DESCRIPMM OF OPERATIONS I LOCATONS I VEHICLES (ACORD 101, Acklmorel Remerka Schedule, may W tlfaclleB N mom span Is mcIumi As respects General Liability coverage, City, its officials, officers, employees, agents or volunteers are added as Additional Insured and this rima insurance is pry, per H00010916attached. As respects General Liability coverage, a Waiver of Subrogation is hereby included, per HG00010916 attached. CFRTIFICATF NOI nFR CANCFI I ATION City of Palm Springs RECEIVED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Procurement & Contracting Department ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Can on Way Palm Springs CA 92262 NOV 0 3 ZQZZ Chy Hall ADTHORIZED REPRESENTATVE nZ4 PIP Inesk Stew Mosier 1988- 2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 4: _- -I T/6/W/ 0-eD I Cha[iae Feiquson 1 1G/J/JO[[ 1!:1n:15 AM IPD1'1 I Pagz 1 of l 72UUNSV7901 SECTION II -WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, bud only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization otherthan a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or volunteer workers" are insureds for: 1) "Bodily injury" or "personal and advertising injury": a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business, b) To the spouse, chili, parent, brother or sister of that co -"employee" or that volunteer worker" as a consequence of Paragraph (1)(a) above; c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1)(a) or (1)(b) above; or d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services: a) subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any "employee" or "volunteer worker" providing first aid services; and b)Subparagraph (1)(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. 2) "Property damage" to property: a) Owned, occupied or used by, b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or volunteer worker), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: 1) With respect to liability arising out of the maintenance or use of that property; and 2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. HG 00 01 09 16 o.'c,c-a Charise Ferguson 1 10/27/2022 11:10:15 dM (PST) I Page 2 of 7 Page 11 of 21 The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. 'Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for 'bodily injury" or property damage" included within the products -completed operations hazard". 1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b)Any express warranty unauthorized by you; c) Any physical or chemical change in the product made intentionally by the vendor; d)Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or Page 12 of 21 I A,-H. O-F5 Chaise Ferguson 1 10/27/2022 11:18:15 AM POSI I Page 3 of 7 HG 00 01 09 16 h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of As employees or anyone else acting on its behalf. However, this exclusion does not apply to: i) The exceptions contained in Sub- paragraphs (d) or (f); or ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment 1) Any person(s) or organization(s) from whom you lease equipment; but only 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). 2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", property damage" or "personal and advertising injury' caused, in whole or in part, by your ads or omissions or the ads or omissions of those acting on your behalf: 1) In connection with your premises; or 2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. 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 services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: 1) "Bodily injury', "property damage" or personal and 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". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1) In the performance of your ongoing operations; HIS 00 01 09 16 e A/G/WvU-'rL 1 Chariae Fergoeon 1 10/27/2022 11:19:15 AM (PVf) I Page 4 of 7 Page 13 of 21 2) In connection with your premises owned by or rented to you; or 3) In connection with "your work" and included within the "products -completed operations hazard", but only if a) The written contract or agreement requires you to provide such coverage to such additional insured; and b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". However: 1) The insurance afforded to such additional insured only applies to the extent permitted by law; and 2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: 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: 1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2) 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 services by or for you. The limits of insurance that apply to additional insureds is described in Section III - Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV - Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury' or property damage" included in the "products - completed operations hazard"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and property damage" included in the "products - completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury' sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 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 or explosion, while rented to you or temporarily occupied by you with permission of the owner. Page 14 of 21 HG 00 0109 16 10994240 1 ----3 n/GNX-PD I Ch.¢ife Pe[goeon 1 10/27/2022 11:18:15 M1 (PK) I Page 5 of 72UUNSV7901 3) Any manager, if you or the additional insured is a limited liability company; 4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; 5) Any trustee, if you or the additional insured is a trust; or 6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excesslnsurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: 1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; 2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; Page 16 of 21 7099i]9c L-]] ANIWU-PJ I Cha[1ae Peegoton 1 10/27/2022 11:1e:15 M POT) 3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for property damage" to premises rented to you or temporarily occupied by you with permission of the owner; 4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; 5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; 6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or 7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured underthis coverage part. a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b)Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. HG 00 01 09 16 1 Page 6 of 7 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duly to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: 1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of is applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the dose of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. S. Representations a. When You Accept This Policy By accepting this policy, you agree: 1) The statements in the Declarations are accurate and complete; 2) Those statements are based upon representations you made to us; and 3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the HG 00 01 09 16 Page 17 of 21 Air./w;o-I-u _ narlae Ferguson 110/27/2022 11:18:15 M (Por) I Page 7 of GMGS Risk Management & Insurance Services 6201 Oak Can on, Suite 100 Irvine, CA 926i8 City of Palm Springs Procurement & Contracting Department 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 Charise M. Ferguson GMGS Risk Management & Insurance Services CA License #OB84519 6201 Oak Canyon, Suite 100, Irvine, CA 92618 Office: 949-559-3367 1 Fax: 949-559-3397 charisef@gmgs.com MAILMAIL DOCUMENTIInsurance DOCUMENTh ecerlsunline"I Sender: Charise Ferguson Phone: (949) 559-6700 Subject: Cert No. 70994240 - Certificate of Liability: Marco Industries Inc. Date: 10/27/2022 No. of Pages: 8 URL: www.gmgs.com THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION TNAT IS PRIVILEGED. CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UMei APPLICABLE LAW IF THE READER OF THE MESSAGE IS NOT THE INTENDED RECIPIENT. OR THE EMPLOYEE ON AGENT RESPONMBLE FOR DELNmING THE MESSAGE TO ME INrEtOED REONENT, YOU ME HEREBY NOTIFIED THAT MY DISSEMMP N.DISTRIBUTIONORCOP NGOFMSCOWAIWCATIONISSTRICTLYRROHOTED. IFYWHAVE RECEIVEDTMCDLWNEAHONINERROR.PLEMENOTFYU$IM®IATELYSYTEI.BHD M REIUNNTHE ORIGINALWSSAGETOUSATTIEABGNEAD MNAREG MPOST&SERVICE. Certificate of Insurance Delivered by ecertsonline'ry Insurance Visions, Inc. All rights reserved. AMENDMENT NO. 1 TO AGREEMENT NO. A9030 BETWEEN THE CITY PALM SPRINGS AND MARCO INDUSTRIES, INC. DBA MAR-CO EQUIPMENT COMPANY 1. Parties and Date. This Amendment No. 1 to the Marco Industries, Inc. dba Mar-Co Equipment Company Agreement is made and entered into as of February 1, 2023, by and between the City of Palm Springs (“City”) and Marco Industries, Inc. dba Mar-Co Equipment Company, a California corporation with its principal place of business at 130 Atlantic Street Pomona, CA 91768 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 entitled Marco Industries, Inc. dba Mar-Co Equipment Company dated February 1, 2022 (Agreement) for the purpose of providing a new CNG powered Airport Runway Sweeper for the Palm Springs International Airport. 2.2 Amendment. The City and Contractor desire to amend the Agreement to revise the term, revise the scope of services to add parts to the Runway Sweeper, and add $20,790.99, for a new total not to exceed of $388,004.21. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 5 and Section 17.D. 3. Terms. 3.1 Exhibit “A” Section 1.3-E. Parts and Services. Exhibit “A” Section 1.3-E. is hereby revised to the following language: Contractor must deliver the Runaway Sweeper with the additional parts added no later than 150 days after receipt of notice to proceed.” 3.2 Exhibit “C ” Fee Schedule. Exhibit “C” is hereby amended in its entirety attached hereto and incorporated by reference. 3.3 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. Page 1 of 3 DocuSign Envelope ID: 0FE5BEDD-187C-4CB7-84D0-675DD1939619DocuSignEnvelopeID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 Page 2 of 3 3.4 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. 3.5 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 shall continue in full force and effect. 3.6 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: 0FE5BEDD-187C-4CB7-84D0-675DD1939619DocuSignEnvelopeID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 Page 3 of 3 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND MARCO INDUSTRIES, INC. DBA MAR-CO EQUIPMENT COMPANY IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _____________________________________By: _________________________________________ Signature Signature 2nd signature required for Corporations) Date:Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A 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: 0FE5BEDD-187C-4CB7-84D0-675DD1939619 6/21/2023 6/21/2023 DocuSign Envelope ID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 6/29/2023 KLELW RRGV 6SHFLILFDWLRQV HQHUDO 5HTXLUHPHQWV W LV WKH LQWHQW RI WKHVH VSHFLILFDWLRQ WR GHVFULEH WKH PLQLPXP DFFHSWDEOH SHUIRUPDQFH VWDQGDUGV IRU REWDLQLQJ D QHZ 1*SRZHUHG LUSRUW 5XQZD\6ZHHSHU 7KH HTXLSPHQW UHTXHVWHG ZLOO EH XVHG IRU VZHHSLQJ DQG EORZLQJ RUHLJQ 2EMHFW HEULV 2'IURP WKH UXQZD\V WD[LZD\V DQG VWUHHWV 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ocuSign Envelope ID: 0FE5BEDD-187C-4CB7-84D0-675DD1939619DocuSignEnvelopeID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 Exhibit C - Fee Schedule DocuSign Envelope ID: 0FE5BEDD-187C-4CB7-84D0-675DD1939619DocuSignEnvelopeID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 DocuSign Envelope ID: 0FE5BEDD-187C-4CB7-84D0-675DD1939619DocuSignEnvelopeID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 Quote #17615 Date 04-06-23 Thru 06-10-23 Prospect Mar-co Equipment Company 130 Atlantic Street Pomona,CA 91768 Customer 2022170 Page 1 S A LES ESTIM A TE City of Palm Springs AIRP Attn: Accts Pay/Fleet Dep PO Box 2743 Palm Springs, CA 92263 QUOTED BY -- ------- CONTACT --------- ---- PHONE ----- ----- FAX ------ RICK BROWN 760-898-4045 LI PART/DESCRIPTION QUANTITY UNIT.PRICE DISC-AMT EXT.PRICE TYMCO 600 SWEEPER S/N 202312SNT619104CNG Joe.andrade@palmspringsca Jacob.Colella@palmsprings ca.gov PARTS NEEDED 1 MRS-96 1.00 730.0200 0.00 730.02 MAGNETIC BAR 2 TY12154 4.00 23.3300 0.00 93.32 ROUND PIN ANCHOR SHACKLE 5/16 3 TY10131 4.00 0.5800 0.00 2.32 BOLT 3/8 - 16 X 1-3/4 HHCS GR5 Z/P 4 TY5010852 2.00 26.8300 0.00 53.66 CHAIN-ADJ 12023*29 LINKS 5 TY5021232 2.00 70.0000 0.00 140.00 CHAIN MOUNT MAGNET HOLDER M2 6 TY10225 8.00 0.5800 0.00 4.64 NUT 3/8-16 TOP LOCK GRD.B Z/P 7 TY5020170 1.00 79.3300 0.00 79.33 CHAIN HOOK MOUNT RH 8 TY10129 4.00 0.5800 0.00 2.32 BOLT 3/8-16 X 1-1/4 HHCS G5 Z/P 9 TY10307 8.00 0.5800 0.00 4.64 WASHER 3/8 FLAT Z/P USS) 10 TY5020169 1.00 121.3300 0.00 121.33 CHAIN HOOK MOUNT LH 11 TY509848 1.00 9410.0000 0.00 9410.00 LAN MODEL 600 WB-SNT Continued DocuSign Envelope ID: 0FE5BEDD-187C-4CB7-84D0-675DD1939619DocuSignEnvelopeID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 Mar-co Equipment Company Quote #17615 130 Atlantic Street Date 04-06-23 Pomona, CA 91768 Valid Thru 06-10-23 Prospect 909-594-9493 FAX 909-594-7436 Customer 2022170 Page 2 S A LES ESTIM A TE City of Palm Springs AIRP Attn: Accts Pay/Fleet Dep PO Box 2743 Palm Springs, CA 92263 QUOTED BY -- ------- CONTACT --------- ---- PHONE ----- ----- FAX ------ RICK BROWN 760-898-4045 LI PART/DESCRIPTION QUANTITY UNIT.PRICE DISC-AMT EXT.PRICE 12 TY509458 1.00 1143.3300 0.00 1143.33 BATTERY BOX SUB-ASSY- MD LAN 13 TY509928 2.00 116.6600 0.00 233.32 BATTERY BOX MOUNT BRACKET CNG LAN 14 TY509457 1.00 542.5000 0.00 542.50 MOUNTING BRACE- MED DUTY LAN 15 TY500393 16.00 136.3500 0.00 2181.60 POLY SEG.ASSY.-VERT.DIG.S WORK PERFORMED LR1 XX-LABOR 1.00 4185.0000 4185.00 Labor Charge TOTAL PARTS: 14742.33 TOTAL FREIGHT: 500.00 TOTAL SALES/USE TAX: 1363.66 TOTAL LABOR: 4185.00 GRAND TOTAL: 20790.99 DocuSign Envelope ID: 0FE5BEDD-187C-4CB7-84D0-675DD1939619DocuSignEnvelopeID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 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 AUTOSAUTOSONLY 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) POLICYEFFPOLICYNUMBERTYPEOFINSURANCELTRINSR 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) 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10/27/2022 GMGS Risk Management & Insurance Services 6201 Oak Canyon, Suite 100 Irvine, CA 92618 ( 949)559-3367 (949)559-6703 www.gmgs.com 0B84519 Steve Mosier Charise Ferguson charisef@gmgs.com Marco Industries Inc. dba: Mar-Co Equipment Company 130 Atlantic Street Pomona CA 91768 70994240 As respects General Liability coverage, City, its officials, officers, employees, agents or volunteers are added as Additional Insured and this As respects General Liability coverage, a Waiver of Subrogation is hereby included, per HG00010916 attached. City of Palm Springs Procurement & Contracting Department 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 insurance is primary, per HG00010916 attached. 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 5,000,000 5,000,000 1,000,000 1,000,000 1,000,000 A 72UUNSV7901 11/1/2022 11/1/20233 3 3 A 72UENOL1604 11/1/2022 11/1/2023 3 Physical Damage: 3 $1,000 Comp Ded. 1,000 Coll Ded. 3 B 72HHUSV7902 11/1/2022 11/1/202333 C 173795-16 11/1/2022 11/1/2023 3 Hartford Fire Insurance Company 19682 Harford Casualty Insurance Company 29424 Republic Indemnity Company of America 22179 70994240 | 22-23 A/G/W/U-PD | Charise Ferguson | 10/27/2022 11:18:15 AM (PDT) | Page 1 of 7 DocuSign Envelope ID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 SECTION II - WHO IS AN INSURED "volunteer worker" as a consequence ofParagraph (1)(a)above; 1.If you are designated in the Declarations as: c)For which there is any obligation toa.An individual, you and your spouse are share damages with or repay someoneinsureds, but only with respect to the conduct else who must pay damages becauseofabusinessofwhichyouarethesole of the injury described inParagraphsowner. ( 1)(a)or (1)(b)above; or b.A partnership or joint venture, you are an ( d)Arising out of his or her providing orinsured. Your members, your partners, and failing to provide professional healththeirspousesarealsoinsureds, but only with care services. respect to the conduct of your business. If you are not in the business of providingc.A limited liability company, you are an professional health care services:insured. Your members are also insureds, but a)Subparagraphs (1)(a),(1)(b)and (1)(c)only with respect to the conduct of your business. Your managers are insureds, but above do not apply to any "employee" only with respect to their duties as your or "volunteer worker" providing first aid managers. services; and d.An organization other than a partnership, joint (b)Subparagraph (1)(d)above does not venture or limited liability company, you are apply to any nurse, emergency medical an insured. Your "executive officers" and technician or paramedic employed by directors are insureds, but only with respect to you to provide such services. their duties as your officers or directors. Your (2)"Property damage" to property: stockholders are also insureds, but only with ( a)Owned, occupied or used by, respect to their liability as stockholders. b)Rented to, in the care, custody ore.A trust, you are an insured. Your trustees are control of, or over which physicalalsoinsureds, but only with respect to their control is being exercised for anydutiesastrustees. purpose by 2.Each ofthe following is also an insured: you, any of your "employees", "volunteer a. Employees And Volunteer Workers workers", any partner or member (if you Your "volunteer workers" only while are a partnership or joint venture), or any performing duties related to the conduct of member (if you are a limited liability your business, or your "employees", other company). than either your "executive officers" (if you are b. Real EstateManageranorganizationotherthanapartnership, joint Any person (other than your "employee" orventureorlimitedliabilitycompany) or your " volunteer worker"), or any organization whilemanagers (if you are a limited liability acting as your real estate manager.company), but only for acts within the scope c. Temporary Custodians Of YourPropertyoftheiremploymentbyyouorwhile performing duties related to the conduct of Any person or organization having proper your business.temporary custody of your property if you die, but only: However, none of these "employees" or volunteer workers" are insureds for:(1)With respect to liability arising out of the maintenance or use ofthat property; and (1)"Bodily injury" or "personal and advertising injury": (2)Until your legal representative has been appointed. (a)To you, to your partners or members (if you are a partnership or joint venture), d. Legal Representative If YouDietoyourmembers (if you are a limited Your legal representative if you die, but onlyliabilitycompany), to a co-"employee" with respect to duties as such. Thatwhileinthecourseofhisorher representative will have all your rights andemploymentorperformingduties duties under this Coverage Part. related to the conduct of your e. UnnamedSubsidiarybusiness, or to your other "volunteer workers" while performing duties Any subsidiary, and subsidiary thereof, of related to the conduct of your yours which is a legally incorporated entity of business;which you own a financial interest of more than 50% of the voting stock on the effective (b)To the spouse, child, parent, brother or date of the Coverage Part. sister of that co-"employee" or that HG 00 01 09 16 Page 11 of 21 72UUNSV7901 70994240 | 22-23 A/G/W/U-PD | Charise Ferguson | 10/27/2022 11:18:15 AM (PDT) | Page 2 of 7 DocuSign Envelope ID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 The insurance afforded herein for any A person or organization is an additional insured subsidiary not named in this Coverage Part under this provision only for that period of time as a named insured does not apply to injury required by the contract or agreement. or damage with respect to which such insured However, no such person or organization is an is also a named insured under another policy insured under this provision if such person or or would be a named insured under such organization is included as an insured by an policy but for its termination or the exhaustion endorsement issued by us and made a part of ofits limits ofinsurance. this Coverage Part. 3. Newly Acquired Or Formed Organization a. Vendors Any organization you newly acquire or form,Any person(s) or organization(s) (referredtootherthanapartnership, joint venture or limited below as vendor), but only with respect to liability company, and over which you maintain "bodily injury" or "property damage" arising financial interest of more than 50% of the voting out of "your products" which are distributed or stock, will qualify as a Named Insured if there is sold in the regular course of the vendor's no other similar insurance available to that business and only if this Coverage Part organization. However: provides coverage for "bodily injury" or a.Coverage under this provision is afforded only "property damage" included within the until the 180th day after you acquire or form "products-completed operations hazard". the organization or the end of the policy (1)The insurance afforded the vendor is period, whichever is earlier; subject to the following additional b.Coverage A does not apply to "bodily injury"exclusions: or "property damage" that occurred before This insurance does not apply to: you acquired or formed the organization; and (a)"Bodily injury" or "property damage" forc.Coverage B does not apply to "personal and which the vendor is obligated to pay advertising injury" arising out of an offense damages by reason of the assumption committed before you acquired or formed the of liability in a contract or agreement. organization.This exclusion does not apply to 4. Nonowned Watercraft liability for damages that the vendor would have in the absence of theWithrespecttowatercraftyoudonotownthatis contract or agreement;less than 51 feet long and is not being used to b)Any express warranty unauthorized bycarrypersonsforacharge, any person is an insured while operating such watercraft with your you; permission. Any other person or organization (c)Any physical or chemical change in the responsible for the conduct of such person is product made intentionally by the also an insured, but only with respect to liability vendor; arising out of the operation of the watercraft, and (d)Repackaging, except whenunpackedonlyifnootherinsuranceofanykindisavailablesolelyforthepurposeofinspection, to that person or organization for this liability.demonstration, testing, or the However, no person or organization is an insured substitution of parts under instructions with respect to:from the manufacturer, and then a."Bodily injury" to a co-"employee" of the repackaged in the original container; person operating the watercraft; or (e)Any failure to make such inspections, b."Property damage" to property owned by, adjustments, tests or servicing as the rented to, in the charge of or occupied by you vendor has agreed to make or normally or the employer of any person who is an undertakes to make in the usual insured under this provision. course of business, in connection with the distribution or sale ofthe products;5. Additional Insureds When Required By Written Contract, Written Agreement Or (f)Demonstration, installation, servicing Permit or repair operations, except such operations performed at the vendor'sThefollowingperson(s) or organization(s) are an premises in connection with the sale ofadditionalinsuredwhenyouhaveagreed,in a the product;written contract, written agreement or because of g)Products which, after distribution orapermitissuedbyastateorpoliticalsubdivision, that such person or organization be added as an sale by you, have been labeled or additional insured on your policy, provided the relabeled or used as a container, part injury or damage occurs subsequent to the or ingredient of any other thing or execution of the contract or agreement. substance by or for the vendor; or Page 12 of 21 HG 00 01 09 16 70994240 | 22-23 A/G/W/U-PD | Charise Ferguson | 10/27/2022 11:18:15 AM (PDT) | Page 3 of 7 DocuSign Envelope ID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 h)"Bodily injury" or "property damage"omissions ofthose acting on your behalf: arising out ofthe sole negligence of the (1)In connection with your premises; or vendor for its own acts or omissions or (2)In the performance of your ongoing those of its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf. exclusion does not apply to: With respect to the insurance afforded these (i)The exceptions contained in Sub-additional insureds, the following additionalparagraphs (d)or (f);or exclusion applies:( ii)Such inspections, adjustments,This insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury" arising out of the rendering undertakes to make in the usual of or the failure to render any professional course of business, in connection services by or for you, including: with the distribution or sale of the 1.The preparing, approving, or failing toproducts. prepare or approve, maps, shop drawings, (2)This insurance does not apply to any opinions, reports, surveys, field orders, insured person or organization, from change orders or drawings and whom you have acquired such products, specifications; ororanyingredient, part or container, 2.Supervisory, inspection, architectural orenteringinto, accompanying or containing engineering activities.such products. This exclusion applies even if theclaimsb. Lessors Of Equipment against any insured allege negligence or (1)Any person(s) or organization(s) from other wrongdoing in the supervision, hiring, whom you lease equipment; but only with employment, training or monitoring ofothersrespecttotheirliabilityfor "bodily injury", by that insured, if the "occurrence" which " property damage" or "personal and caused the "bodily injury" or "property advertising injury" caused, in whole or in damage", or the offense which caused the part, by your maintenance, operation or "personal and advertising injury", involved the use of equipment leased to you by such rendering of or the failure to render any person(s) or organization(s). professional services by or for you.( 2)With respect to the insurance afforded to e. Permits Issued By State Or Political these additional insureds this insurance Subdivisionsdoesnotapplytoany "occurrence" which Any state or political subdivision, but only withtakesplaceaftertheequipmentlease respect to operations performed by you or onexpires. your behalf for which the state or politicalc. Lessors Of Land Or Premises subdivision has issued a permit. Any person or organization from whom you With respect to the insurance affordedtheseleaselandorpremises, but only with respect additional insureds, this insurance does not to liability arising out of the ownership, apply to: maintenance or use of that part of the land or ( 1)"Bodily injury", "property damage" orpremisesleasedtoyou." personal and advertising injury" arising With respect to the insurance afforded these out of operations performed for the state additional insureds the following additional or municipality; orexclusionsapply:( 2)"Bodily injury" or "property damage" This insurance does not apply to:included within the "products-completed 1.Any "occurrence" which takes place after operations hazard". you cease to lease that land; or f. Any OtherParty2.Structural alterations, new construction or Any other person or organization who is not demolition operations performed by or on an additional insured under Paragraphs a. behalf ofsuch person or organization.through e. above, but only with respect to d. Architects, Engineers Or Surveyors liability for "bodily injury", "property damage" Any architect, engineer, or surveyor, but only or "personal and advertising injury" caused, in with respect to liability for "bodily injury", whole or in part, by your acts or omissions or property damage" or "personal and the acts or omissions of those acting on your advertising injury" caused, in whole or in part, behalf: by your acts or omissions or the acts or (1)In the performance of your ongoing operations; HG 00 01 09 16 Page 13 of 21 70994240 | 22-23 A/G/W/U-PD | Charise Ferguson | 10/27/2022 11:18:15 AM (PDT) | Page 4 of 7 DocuSign Envelope ID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 2)In connection with your premises owned No person or organization is an insured with respect by or rented to you; or to the conduct of any current or past partnership, joint venture or limited liability company that is not (3)In connection with "your work" and shown as a Named Insured in the Declarations. included within the "products-completed SECTION III - LIMITS OF INSURANCEoperationshazard", but only if a)The written contract or agreement 1. The Most We Will Pay requires you to provide such coverage The Limits of Insurance shown in the to such additional insured; and Declarations and the rules below fix the most we b)This Coverage Part provides coverage will pay regardless ofthe number of: for "bodily injury" or "property damage"a.Insureds; included within the "products- b.Claims made or "suits" brought; orcompletedoperationshazard". c.Persons or organizations making claimsorHowever: bringing "suits". ( 1)The insurance afforded to such additional 2. General AggregateLimitinsuredonlyappliestotheextent The General Aggregate Limit is the most we willpermittedbylaw; and pay for the sum of:(2)If coverage provided to the additional a.Medical expenses under Coverage C;insured is required by a contract or agreement, the insurance afforded to such b.Damages under Coverage A,except additional insured will not be broader than damages because of "bodily injury" or that which you are required by the contract "property damage" included in the "products- or agreement to provide for such completed operations hazard"; and additional insured.c.Damages under Coverage B. With respect to the insurance afforded to 3. Products-Completed Operations Aggregatetheseadditionalinsureds, this insurance does Limitnotapplyto: The Products-Completed Operations Aggregate "Bodily injury", "property damage" or Limit is the most we will pay under Coverage A"personal and advertising injury" arising out of for damages because of "bodily injury" andtherenderingof, or the failure to render, any " property damage" included in the "products-professional architectural, engineering or completed operations hazard". surveying services, including: 4. Personal And Advertising Injury Limit(1)The preparing, approving, or failing to Subject to 2.above, the Personal andprepareorapprove, maps, shop drawings, Advertising Injury Limit is the most we will payopinions, reports, surveys, field orders, under Coverage B for the sum of alldamageschangeordersordrawingsand because of all "personal and advertising injury"specifications; or sustained by any one person or organization. (2)Supervisory, inspection, architectural or 5. Each OccurrenceLimitengineeringactivities. Subject to 2.or 3.above, whichever applies, theThisexclusionapplieseveniftheclaims Each Occurrence Limit is the most we will pay foragainstanyinsuredallegenegligenceor the sum of:other wrongdoing in the supervision, hiring, employment, training or monitoring of others a.Damages under Coverage A;and by that insured, if the "occurrence" which b.Medical expenses under CoverageCcausedthe "bodily injury" or "property because of all "bodily injury" and "propertydamage", or the offense which caused the damage" arising out ofany one "occurrence". "personal and advertising injury", involved the rendering of or the failure to render any 6. Damage To Premises Rented To You Limit professional services by or for you.Subject to 5.above, the Damage To Premises The limits of insurance that apply to additional Rented To You Limit is the most we will pay insureds is described in Section III -LimitsOf under Coverage A for damages because of Insurance. "property damage" to any one premises, while rented to you, or in the case of damage by fire, How this insurance applies when other insurance lightning or explosion, while rented to you orisavailabletotheadditionalinsuredisdescribed temporarily occupied by you with permission ofintheOtherInsuranceConditioninSectionIV - the owner. Commercial General Liability Conditions. Page 14 of 21 HG 00 01 09 16 70994240 | 22-23 A/G/W/U-PD | Charise Ferguson | 10/27/2022 11:18:15 AM (PDT) | Page 5 of 7 DocuSign Envelope ID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 3)Any manager, if you or the additional (3) Tenant Liability insured is a limited liability company; That is insurance purchased by you to 4)Any "executive officer" or insurance cover your liability as a tenant for manager, if you or the additional insured is "property damage" to premises rented to a corporation; you or temporarily occupied by you with permission ofthe owner; (5)Any trustee, if you or the additional 4) Aircraft, Auto OrWatercraftinsuredisatrust; or 6)Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public entity. extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury AndThisdutyappliesseparatelytoyouandany Property Damage Liability; additional insured. 5) Property Damage To Borrowed3. Legal Action Against Us Equipment Or Use OfElevatorsNopersonororganizationhasarightunderthis If the loss arises out of "property damage"Coverage Part: to borrowed equipment or the useofa.To join us as a party or otherwise bring us elevators to the extent not subject to into a "suit" asking for damages from an Exclusion j.of Section I - Coverage A - insured; or Bodily Injury And Property Damage b.To sue us on this Coverage Part unless all of Liability; its terms have been fully complied with. (6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an agreed settlement or on a final judgment Any other insurance available to you against an insured; but we will not be liable for covering liability for damages arising out damages that are not payable under the terms of of the premises or operations, orproductsthisCoveragePartorthatareinexcessoftheandcompletedoperations, for which you applicable limit of insurance. An agreed have been added as an additional insured settlement means a settlement and release of by that insurance; orliabilitysignedbyus, the insured and the ( 7) When You Add Others As Anclaimantortheclaimant's legal representative. Additional Insured To ThisInsurance4. Other Insurance Any other insurance available to an If other valid and collectible insurance is additional insured. available to the insured for a loss we cover under However, the following provisions apply toCoveragesAorBofthisCoveragePart, our other insurance available to any personorobligationsarelimitedasfollows: organization who is an additional insured a. Primary Insurance under this coverage part. This insurance is primary except when b.(a) Primary Insurance When Required below applies. If other insurance is also ByContractprimary, we will share with all that other This insurance is primary if you haveinsurancebythemethoddescribedinc. agreed in a written contract or writtenbelow. agreement that this insurance be b. Excess Insurance primary. If other insurance is also This insurance is excess over any of the other primary, we will share with all that insurance, whether primary, excess, other insurance by the method contingent or on any other basis: described in c.below. 1) Your Work (b)Primary And Non-Contributory To Other Insurance When Required ByThatisFire, Extended Coverage, Builder's ContractRisk, Installation Risk or similar coverage for "your work"; If you have agreed in a written contract, written agreement, or permit(2) Premises Rented To You that this insurance is primary and non- That is fire, lightning or explosion contributory with the additional insurance for premises rented to you or insured's own insurance, this insurance temporarily occupied by you with is primary and we will notseekpermissionoftheowner; contribution from that other insurance. Page 16 of 21 HG 00 01 09 16 72UUNSV7901 70994240 | 22-23 A/G/W/U-PD | Charise Ferguson | 10/27/2022 11:18:15 AM (PDT) | Page 6 of 7 DocuSign Envelope ID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 Paragraphs (a)and (b)do not apply to computation, and send us copies at such other insurance to which the additional times as we may request. insured has been added as an additional 6. Representations insured.a. When You Accept This Policy When this insurance is excess, we will have By accepting this policy, you agree: no duty under Coverages A or B to defend 1)The statements in the Declarations aretheinsuredagainstany "suit" if any other accurate and complete; insurer has a duty to defend the insured against that "suit". If no other insurer defends, (2)Those statements are based upon we will undertake to do so, but we will be representations you made to us; and entitled to the insured's rights against all (3)We have issued this policy in reliance those other insurers. upon your representations. When this insurance is excess over other b. Unintentional Failure To DiscloseHazardsinsurance, we will pay only our share of the If unintentionally you should fail to disclose allamountoftheloss, if any, that exceeds the hazards relating to the conduct of yoursumof: business that exist at the inception date of(1)The total amount that all such other this Coverage Part, we shall not denyinsurancewouldpayforthelossinthe coverage under this Coverage Part becauseabsenceofthisinsurance; and ofsuch failure.(2)The total of all deductible and self-insured 7. Separation Of Insuredsamountsunderallthatotherinsurance. Except with respect to the Limits of Insurance, We will share the remaining loss, if any, with and any rights or duties specifically assigned inanyotherinsurancethatisnotdescribedin this Coverage Part to the first Named Insured, this Excess Insurance provision and was not this insurance applies: bought specifically to apply in excess of the Limits of Insurance shown in the Declarations a.As if each Named Insured were the only ofthis Coverage Part. Named Insured; and c. Method Of Sharing b.Separately to each insured against whom If all of the other insurance permits claim is made or "suit" is brought. contribution by equal shares, we will follow 8. Transfer Of Rights Of Recovery Against this method also. Under this approach each Others To Us insurer contributes equal amounts until it has a. Transfer Of Rights OfRecoverypaiditsapplicablelimitofinsuranceornone If the insured has rights to recover all or partofthelossremains, whichever comes first. of any payment, including SupplementaryIfanyoftheotherinsurancedoesnotpermit Payments, we have made under thiscontributionbyequalshares, we will Coverage Part, those rights are transferred tocontributebylimits. Under this method, each us. The insured must do nothing after losstoinsurer's share is based on the ratio of its impair them. At our request, the insured willapplicablelimitofinsurancetothetotal bring "suit" or transfer those rights to us andapplicablelimitsofinsuranceofallinsurers. help us enforce them.5. Premium Audit b. Waiver Of Rights Of Recovery (Waiver Ofa.We will compute all premiums for this Subrogation)Coverage Part in accordance with our rules If the insured has waived any rightsofandrates. recovery against any person or organizationb.Premium shown in this Coverage Part as for all or part of any payment, includingadvancepremiumisadepositpremiumonly. Supplementary Payments, we havemadeAtthecloseofeachauditperiodwewill under this Coverage Part, we also waive thatcomputetheearnedpremiumforthatperiod right, provided the insured waived their rightsandsendnoticetothefirstNamedInsured. of recovery against such person orTheduedateforauditandretrospective organization in a contract, agreementorpremiumsisthedateshownastheduedate permit that was executed prior to the injury oronthebill. If the sum of the advance and damage.audit premiums paid for the policy period is 9. When We Do Not Renewgreaterthantheearnedpremium, we will return the excess to the first Named Insured. If we decide not to renew this Coverage Part, we c.The first Named Insured must keep records of will mail or deliver to the first Named Insured the information we need for premium shown in the Declarations written notice of the HG 00 01 09 16 Page 17 of 21 70994240 | 22-23 A/G/W/U-PD | Charise Ferguson | 10/27/2022 11:18:15 AM (PDT) | Page 7 of 7 DocuSign Envelope ID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25 DocuSign Envelope ID: D7C50941-CAEF-40A9-BD4E-961B85EA2E25