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HomeMy WebLinkAboutA7283 - KINCAID INDUSTRIES, INC - CP 19-14, DEMUTH PARK FIRE SPRINKLERS,27aS' Recording Requested By: RECEIVED City of Palm Springs CITY OF PALM SPRI GS 0 When Recorded Mail To: OFFICE OF THE CITY CI Name Anthony J. Mejia, City Clerk Street Address 3200 E. Tahquitz Canyon Way City & State Palm Springs, CA 92262 06/22/2020 02:04 PM Fee: $ 0.00 Page 1 of 2 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder IIIlVp{i-0�ikr, 01 IIt"HfI�A"' SPACE ABOVE THIS LINE FOR RECORDERS USE NOTICE OF COMPLETION (CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208) NOTICE IS HEREBY GIVEN THAT: The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is: Fee (e.g. fee, leasehold, joint tenancy, etc.) 2. The full name and address of the undersigned owner or reputed owner and of all co -owners or reputed co -owners are: Name Street and No. City State City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 3. The name and address of the direct contractor for the work of improvement as a whole is: Kincaid Industries, Inc., 31065 Plantation Drive, Thousand Palms, CA 92276 4. This notice is given for (check one): 0 Completion of the work of improvement as a whole. ❑ Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186). 5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is: Not Applicable 6. The name and address of the construction lender, if any, is: Not Applicable 7. On the 11th day of June 20 20 , there was completed upon the herein described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided: 8. The real property herein referred to is situated in the City of Palm Springs County of Riverside State of California, and is described as follows: City Project 19-14, Fire Sprinkler Installation 9. The street address of said property is: 3601 E. Mesquite Ave, Palm Springs, CA 92264 10. If this Notice of Completion is signed by the owner's successor in interest, the name and address of the successor's transferor is: Not applicable I certify (or declare) under penalty of perjury under the laws of the�Pl of California t t th oing is true and correct. Date: 1�.� �.,.._ By Signature of Owr&r or Owner's Authorized Agent Marcus Fuller, Assistant City Manager/City Engineer City of Palm Springs Page 1 of 2 VERIFICATION I, Marcus Fuller , state: I am the Assistant City Manager/City Engineer_ ("Owner", "President", "Authorized Agent', "Partner", etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on ��SL '7jg7oO (date), at Palm Springs (city), CA (state). Signature of caner or Owner's Authorized Agent Marcus Fuller, Assistant City Manager/City Engineer City of Palm Springs A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. TERRI HINTZ Notary Public - Cali`ornia z _ Riverside County Commission r 2202861 My Comm. Expires Jun 26, 2021 STATE OF CALIF IA COUNTY OF (date), before me,/// 12 Notary Public (name and title of officer) personally appeared I" !/S //4/1- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. L: Page 2 of 2 Signature PUBLIC WORKS - PRELIMINARY NOTICE PUBLIC ENTITY: DIRECT CONTRACTOR OR REPUTED DIRECT CONTRACTOR: CITY OF PALM SPRINGS SWINERTON BUILDERS ame [Name) 3200 E TAHQUITZ CANYON WAY [Address] PALM SPRINGS CA 92262-6959 [City) [state] [ZIP] 260 TOWNSEND ST FL 5 [Address] SAN FRANCISCO CA 94107-1765 [City) [state] [Zip] PRIME SUBCONTRACTOR (IF APPLICABLE) o JACOBSSON ENGINEERING CONSTRUCTION INC tv n [Name] C —y PO BOX 14430 n7 C- [Address] C 0� PALM DESERT CA 92255-4430 W �� [City] [state] [zIP] rn C7 NOTICE IS HEREBY GIVEN that the undersigned has performed and will perform or has furni4ed i wlllrfurnish labor or services or equipment or materials to the construction project located at: 'e CA M -Do PALM SPRINGS INTERNATIONAL AIRPORT (TICKETING HALL EXPANSION) [Describe Job Site Sufficiently for Identification] PROJECT NO. 19-03 & DIR PROJECT ID: 298552 Q .,. 3400 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-6970 The following information is given as required by Section 8102 8r 9300 of the Civil Code of the State of California. 1. The labor, services, equipment or material performed or furnished and/or to be performed or furnished is/are as follows: SUPPLY SAND, GRAVEL, ROCK, FILL & ASPHALT PRODUCTS [Stale General Description With Substantial Accuracy] 2. Labor or services or equipment or materials was/were performed or furnished from: JUNE 10, 2020 TO IN PROGRESS , or still in progress; and 3. The labor, services, equipment, or materials was/were/will be performed or furnished to: SAME AS PRIME SUBCONTRACTOR pnsert Name or Party Who Contracted For Their Purchase] 4. Estimated total price to be provided is: $ 80, 000.00 DATED: JUNE 26, 2020 Telephone No.: (209) 982 -4 750 Contractor's License No.: 89 GRANITE CONSTRUCTION COMPANY JESS&ICA ROBLES 'gnatureofClaimant rAge�nt] ACCOUNTS RECEIVABLE SPECIALIST [Title] 10500 S HARLAN RD [Street or P.O. Box] FRENCH CAMP CA 95231-9603 [city, state, ZIP] DECLARATION OF SERVICE I, ALISHEA HERNANDEZ , declare that I served copies of the above Preliminary Notice by first class registered/certified/express mail, postage prepaid, on the public entity direct contractor, and where applicable, the prime subcontractor at the above address, on JUNE 26, 2020 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed on JUNE 26, 2020 at 11 FRENA CAMP California. I r ALISHEA ATTACH RECEIPTS OF CERTIFIED, EXPRESS OR REGISTERED MAIL Revised: 7/01/2012 © VFR, Inc., P.O. Box 7, Loomis, CA 95650 (916) 652-7237 FORM AA DAVIEBE-01 MESPINOZA ACORv' CERTIFICATE OF LIABILITY INSURANCE `--^� DATE(M 6/25/202YYY) 2020 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 Robertson Ryan - Southwest 10335 North Port Washington Rd Mequon, WI 53092 CONTACT Jayme Scalise NAMM PHONE FAX (Arc, No, Ext): (702) 727-2502 1981 arc, Ne):(702) 869-2221 nuDREss•jscalise@robertsonryan.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company of Illinois 27855 INSURED INSURER B: Benchmark Insurance Company 41394 INSURER C : David E Bell dba Dave's Towing Services INSURER D : 370 W Rafael Drive Ste 9 Palm Springs, CA 92262 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX OCCUR X CP01640621 6/1/2020 6/1/2021 EACH OCCURRENCE $ 1,000,000 DAMASET R NT D occurrence) 100,000 MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICYFI jpC7 LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT Me accident 1,000,000 $ BODILY INJURY Perperson) $ ANY AUTO CP01640621 6/1/2020 6/1/2021 X BODILY INJURY Per accident OWNED SCHEDULED AUTOS ONLY AUTOS - X PROPERTY AMAGE Per accident $ HIRED Ix NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE (Mandatory In NH) EXCLUDED? M yes, describe under DESCRIPTION OF OPERATIONS below N / A MST5000580 12/31/2019 12/31/2020 X PER OTH- R E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE 1,000,000 $ E.L. DISEASE -POLICY LIMIT 1,000,000 A On -Hook Cargo CP01640621 6/1/2020 6/1/2021 Deductible $1,000 100,000 A Garage 8r Dealers L L CP01640621 6/1/2020 6/1/2021 Deductible $1,000 150,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Garagekeepers Legal Liability: 370 W Rafael Drive Ste 9, Palm Springs, CA 92262: $150,000 ($1,000/$2,500 DED) a� -� b `-1 C_ ca O >� City of Palm Springs City Clerk Office PO Box 2743 Palm Springs, CA 92263 c'D r, i SHOULD ANY OF THE ABOVE DESCRIBED POLICItS BE WCEC't;I�EFORE THE EXPIRATION DATE THEREOF, NOTIC ILL • E MMIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. N v AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CPO 164 0 621-03 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF PALM SPRINGS CITY CLERK OFFICE PO BOX 2743 PALM SPRINGS, CA USA 92263 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, 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; or 2. In connection with your premises owned by or rented to you. 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 01 R/1 _ Peter Aldana Riverside County Assessor -County Clerk -Recorder 2724 Gateway Drive Riverside, CA 92507 (951) 486-7000 www.riversideacr.com Receipt: 20-193194 Product Name 126 NOTICE COMPLETION Document # # Pages 126 NOTICE COMPLETION Document # # Pages 9 AGREEMENT Document # # Pages 139 RESTRICTION - DECLARATION/DEED/CONVEYANCE Document # # Pages 139 RESTRICTION - DECLARATION/DEED/CONVEYANCE Document # # Pages 139 RESTRICTION - DECLARATION/DEED/CONVEYANCE Document # _ # Pages Total Change (On Account) Account# CIOPS Account Name CIOPS - CITY OF PALM SPRINGS Balance $175.00 CITY OF PASI 2020 JUN 30 PH OFFICE OF THE CM Extended $0.00 2020-0267082 2 $0.00 2020-0267083 6 $0.00 2020-0267084 14 $0.00 2020-0267085 8 $0.00 2020-0267086 8 $0.00 2020-0267087 a W.vu $0.00 fi 6/22/20 2:04 PM Palm Desert Receipt: 20-193092 Product 187 Total Change (On Account) Account# Account Name Balance _v OI R/I,. Peter Aldana Riverside County Assessor -County Clerk -Recorder 2724 Gateway Drive Riverside, CA 92507 (951) 486-7000 www.riversideacr.com Name LEASE Document # # Pages CIOPS CIOPS - CITY OF PALM SPRINGS $175.00 L .FLU r OF Pq�N SPRINGS 2020 JUN 3 0 PM 3: 2 7 OFFICE OF THE CITY CCEi�; Extended $0.00 2020-0266916 7 6/22/20 1:11 PM Palm Desert CONTRACT-SERVICES AGREEMENT DEMUTH COMMUNITY CENTER LIFE SAFETY IMPROVEMENTS CITY;PROJECT NO. 19-14.,. FIRE SPRINKLER INSTALLATION THIS.AGREEMENT FOR- CONTRACT SERVICES(°Agreement") is made and entered'into on the: 28th . day of-. may- , 2019, by and between'the City of Palm Springs, a California charter: city and municipal corporation ("City"), and Kincaid Industries, Inc., a California. corporation, (."Contractor"). City and Contractor are' individually,,referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the:, services of a Fire .Sprinkler installer, for the Demuth Community Center Life Safety'(mprov-ements, City Project 19-14, ("Project"). B. Contractor ha' . submitted to.City a proposal to furnish afire sprinkler design in accordance with.applicable codes, and to furnish and-install the fire sprinkler system of the Demuth Community Center', pursuant to-th-eterms of.this.Agreement. C. Based on its experience, education, training, and'reputation, Contractor is qualified and desires to provide the necessary-services to City.for the Project. D. City desires to retain the services of Contractor for the Project. In consideration 'of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONTRACTOR SERVICES Sco Pe,'-of.Se'_V-ices.. In compliance with all terms.and conditions..of this Agreement, Contractor shall provide fire sprinkler design .and installation, services to City as described in the Scope of Services[Work attached to this Agreement as Exhibit 'W1 and incorporated by. reference..-(the "services".or "work"). :.. Exhibit."A" includes-.the agreed upon schedule:of performance and the schedule.of fees. Contractor warrants that_ all . services -and work- shall be performed' in a competent, .professional, and satisfactory_manner:;consistent with prevailing industry standards, In the event.-of any inconsistency. between the terms contained in the Scope of ServicesANork and the terms set forth in this Agreement, .the.terms set forth in this Agreement shall govern.- 1.2.:. Compliance :with Law.. Contractor services rendered under this Agreement-shall comply with all applicable federal, state., and local laws, statutes and ordinances and all lawful orders, rules, and regulations. r 3 Licenses=aid=iPermits=C=ontractoTr shall obtah at—fts=mle=--cosst—amd expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Contractor shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Contractor. Delays shall not entitle Contractor to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A The total amount of Compensation shall not exceed One Hundred Thirteen Thousand Five Hundred Dollars and Zero Cents ($113,500.00). 3.2 Method of Payment. Prior to commencing with the work, Contractor shall provide a Schedule of Values to the City for its review and approval, to serve as the basis for monthly progress payments. In any month in which Contractor wishes to receive-payment, Contractor shall submit to City an invoice for services-rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City. Monthly payments shall be based with the progress of work as identified on the approved Schedule of Values. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor's invoice. 3.3 Changes. In the event any change or changes in the Scope of ServicesNVork is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 3.4 ApPrOl2riations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1- Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set.forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, if Contractor notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Contractor notification, the Contract Officer shall investigate the facts. and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The-Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 term. Unless earlier terminated in accordance with .Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 12 months, commencing on May 22, 2019, and ending on May 22, 2020, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Terra. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Contractor may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and 3 ake allZlecisi rr s'-irn—its=behalf:=-With—respect—torthe sp-ecifi:e-dservices-a-nd�worjcT Scott : Kincaid, Chief Executive Officer. It is -expressly understood that the experience, kn Wledge, education, cap_ability;- and reputation,of the foregoing_.pr.1 ipaI is a substantial inducement for City to enter into this Agreement. Therefore, 7th-e foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to :personally._suoervise the services under this,:;Agreement. The foregoing principal may not be changed by Contractor without prior°written approval of the Contract Officer.- 5.2 _ Contract Officer. The- Contract Officer shall be the City Manager or his/her designee '("Contract Officer"); Contractor shall be responsible for keeping the Contract Officer fully informed=_of--the progress -of the-.performance of, .the services:- Contractor shall refer any decisions that-must be.made by City�to�the .C'ontract:Officer. Unless otherwise specified,.any approval of City shall mean the approval of the Contract Officer. 5.3 i�a-ohibotion' Against Subcontracting or Assignment. The experience, knowledge, education, capatiilify, and repufatian of Contractor,` its` pr►ncipals and employees, were 'a substantial inducement for City to enter"_into .this Agreement. Therefore,-Contractor shall-not'cantract with any other individual or entity td perform any_, ser•�i�es rega�red ur dpr this Agreement without the City's express Written approval In addition, Ineither this Agreement nor any ,interest may be assigned or transferred, voluntarily or.by operation of law, without the prior written approval:of.City. 5.4 Ihd_ei endent Contractor. Neither City nor any of its employees -shall have any-control=over=.;the manner, mode, or means by which Contractor; its.agents-or employees, perform the services required, except as otherwise specified. Contractor shad perform all required„services as an independent contractor of City-and sh8I not_-be an employee of City and shall remain at all times as to City a wholly independent contractor with_only such obligations as are consistent with that role- however, City shall fieve the right to review Contractors work product, result, and advice. Contractor-shall not at any_time or in any manner represent that it or any of its agents or employees are agents or employees of'City. 5. personnel. Cont ractor agrees to assign the following individuals to perform.the`service's in-t-his-Agreement. Contractor shall not alter the ass gnmentof the following personnel without the prior written approval of the Contract Officer. .-Acting through.the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned byContractor by providing written notice to Contractor. Name: Title: R. Scott Kincaid Owner 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 4 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Design Professional Services.Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Contractor is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Contractor shall indemnify, defend (at Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Contractor's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Contractor shall require all non-design-professional sub- contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the 5 -rn emnity pro)79ions"in-sub ssection��-in�favor o�fFie�� ln�emriif�ed�Mies. n addi lon, Contractor shall require all non-design-professional sub-contractors, used or sub- co'' . ritracte.d__by Co ,.ntractor-_to__perform the Services _or Work required_under this Agreement, to obtain insurance that is consistent with the .Insurance provisions as set forth in this Agreement,as'welt.as any other insurance that may be required by Contract Officer: 8. RECOkDS AND REPORTS 8.1 Reports Contractor:shall periodically prepare and submit to the Contract Officer reports'concerning the.performance of the services required by this Agreement, or as the Contract-Officer shall,:require. 8.2. Records. Contractor shall keep ;complete, accurate, and - detailed accounts of all time, costs---expenses, and expend itures'pertaiding in any way .to this Agreement. .Contractor shall keep such books and records as shall be.necessary to properly perform the services required by this Agreement and enable the Contract Officer tol., aluet' the performance of such services. The Contract Officer shall-have full-and'free access:to.such books and records at all reasonable times., including the right to_ins peet, copy, audit, add make-records and-transcripts fromsuch.records. . 83 Ownership of documents. All drawings, specifications, reports, records; documents, and;other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon. request-of ahe Contract Officer or upon the termination of this Agreement_ Contractor shall .have no- 'claim for further employment or additional compensation as a result--of' exercise by City of its full rights or ownership of the documents, and materials. * Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.' 8:4 -- Release of Docurnents. , All drawings, specifications, reports, records; documents, and other materials prepared,by Contractor in the performance of services under thisAgreement shall not be released publicly without the prior written-approval of the Contract Officer. 8.5 Cost'Recards. Contractor shall maintain all books, documents, papers, employee .time sheets,. accoun ing_ records, and -other evidence_ pertaining to -costs incurred while.performing. under this Agreement. Contractor shall make such materia.ls- available at its offices,.at all. reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 ' California Law: Th-Js Agreement shall be construed and interpreted both as to validity and to performance':of the parties in accordance with the laws of the State E of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor.covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or -define the contents of the respective sections or paragraphs. 9,.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in .writing. 'No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.. 9.5 Legal ,fiction. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for.any default, to compel specific performance of.this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NOAj-DISC RIM INATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this greemerit nor sh Ikon rac or enter�n o any agreement of any kind with an such officer or employee during 'the term of this Agreement and for one year thereafter. _Contra_ctor warrants_that_C_ontr_actar has not paid or-given y n ; and will not par.give-any third party any r mori'ey or other consideration in exchange for obtaining this Agreement. 10.3 - Covenant.Against Discrimination. In connection with its performance under this Agreement, Contractorshall not discriminate against any employee or applicant for employment.°because of:actual or perceived race, religion; color, sex, age, marital status, ancestry, national origin ( J.,e.; plane`.-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 - - basEs:'.). Contractor_shall_ensure' thaf applicants are employed and That employees are treated-during=their:e.'mploymernt; -without regard to any prohibited basis. As a condition precedent to City's=lawful capacity to- enter this Agreement, and in executing this Agreement, Contractor-i certifies that its actions and omissions' hereunder shall not incorporate any discrimination. arising from or related to any. prohibited basis in -any Contractor activity;, including .but not limited _.to the following: employment, upgrading, demotion`or transfer; recruitment or recruitment advertising; layoff or termination; rates of :pay :or' other forms" of compensation; and selection for ;training, including apprenticeship; and further, tth.at_Contractor_is__in_full_compliance-._inrith_the--provisions_-of- Palm Springs -�Municip_al Code Section 7.09.040, including without limitation- :the provision'of benefits;`relating to non-discrimination in city.contracting. 11. MISCELLANEOUS PROVISIONS '8'i 1 ' . lotice Any.;-* notice; demand, request; consent; approval, or comrnunicatiori that.._e'ither party-desires; or is required'to give to the other party or=any other.person shall be in_writing and either served personally or sent by pre-paid; 'first class -mail"to the address set forth below. Notice shall- be deemed -communicated seventy--o-�(72) hours from "tl e-_time. of- mailing.-if mailed__as.provided_in_this__Section.__ Either party may change its address by notifying the other party of thee-change of. . address in writing.To City.. City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262. To Contractor: Kincaid Industries, Inc. R. Scott Kincaid 31065 Plantation Drive Thousand Palms, California 92276 11.2 Integrated-Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained -in this Agreement shall be .declared invalid or unenforceable by valid judgment or decree - of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the . intent of the parties. 11.5 Successors in Interest. This Agreement shall be-binding upon and inure to the benefit of the.Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in;-this Agreement is, intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or persdh riot a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The'persons executing this Agreement on behalf of the Parties warrant that they are'duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. aj IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY„ City of Palm Springs Date: By: David H. Ready, PhD City Manager APPROVED AS TO FORM: ATTEST By: By: Je rey allinger ony Meji City Attorney City Clerk "CONTRACTOR" Kincaid Industries, Inc. Date: 5/28/2019 B Ronald Scott Kincaid Chief Executive Officer Date: APPROVED BY CITY COUNCIL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Riverside On May 28, 2019 before me, Raquel Nazario Espiritusanto, Notary Public Date Here Insert Name and Title of the Officer personally appeared R. Scott Kincaid Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that hefe4e*t@y executed the same in his/14ei4the4f authorized capacity(ies), and that by hisMeAAeir signature(s)on the instrument the-person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the RAQUELNAZARIOESPIRITUSANTO laws of the State of California that the foregoing Notary Public-California paragraph is true and correct. Riverside County Commission s 22329e5 - WITNESS my hand and official seal. My Comm.Expires Mar 3,2022 Signature yU�� Place Notary Seal and/or Stamp Above Sign& e of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Contract Services Agreement Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: R. Scott Kincaid Signer's Name: iR Corporate Officer-Title(s): President ❑Corporate Officer-Title(s): ❑ Partner- ❑ Limited [],General ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Yy1)���xxx Signer is Representing: Signer is Representing: 02017 National Notary Association l CALIFORMA ALL-PURPOSE ACKNOWLEDGMEW CIVIL CODE§119D A nosy public or other d5cor ocr ip"ttm ceriF=m vsnTieo ml� the idertty of the n6vid d who a'9r)ed the doevn+em to which tfiia cerufi=m is meshed,and not die mahh>trmae amwaq,or va5dity of d=doamant. State of CaHfomia ) County of 1 On before me. [)late Hers Insert Name and 77Ne of the Officer personally appeared NamW of Sfgir r who proved to me on the tnsaia of satiafaotory evidence to be tie peraon(a) whose narne(a) Ware euboc4bed to the within instrument and oclvtowledged to me that helshe/they exacuied the same in hislhwAheir authorized cnpscitKWs),and that by hialhwAbs'r aigrtature(a)on the inatrtmter t the person(a). or the entity upon behalf of which the peraon(e)acted.exeaded the inatnmwit. I certify under PENALTY OF PERJURY under the from of the State of CaMomia that the foregoing paragraph is true mid correct. VMNESS my hand and official coal- Sigrmdtae Signature of Nvttry Public Pkwe Notwy Sall Above OP77ONAL Though thfs sacbon is opb rhal.completing thci kd6rrrwffon can daterafferst7on of the document or fraudAsn,t rasttachmerrt of this form fo an unintended document- Description,of Attached Docurrrent Title or Type of Document Document Date: Nhanber of Psgea Signer(a) Other Than Named Above- Capaeity[ee)Cheated by Signer(a) Signer a Nrane: 3ignera 1 an . ❑Corporate Officer—T7fe(a}: ❑Corporate Officer—Tdla(a): ❑Partner— Q Limited ❑Gem ❑Partner— ❑Lin ited ❑General ❑Irdh ideal ❑Attorney in Fact ❑Indnri lual ❑Attorney in Fact ❑Tnmtsa ❑Gunman or Conservator ❑Truatee ❑Guardan or Conservator ❑Other ❑Other. Signer la Representing: Signer Is Representing: &414 NaBorud Nalwy Araocirdiion•wwwNsOma)Notwy.wg•14MO-US NOTARY V-BDO-8754382i? tfsm#5W 11 DATE:2/14/19 TO: City of Palm Springs ATTN:Joe Purtino tr Fax: PROJECT:Dumuth SUBJECT: INTENT TO BID PLEASE BE ADVISED THAT KINCAID INDUSTRIES INC.HEREWITH SUBMITSTHE FOLLOWI1% PROPOSAL FOR YOUR CONVENIENCE AND CONSIDERATION. AS SET FORTH BELOW,WE FURNISHING OF LABOR AND MATERIALS TO INSTALL THE FIRE SPRINKLER WORK SHOWN ON THE PLANS AND SPECIFICATIONS,APPLICABLE TAXES ARE INCLUDED PROJECT:Dumuth DATE:2/14119 LOCATION: TIME ADDENDUMS NOTED FIRE SPRINKLER BID Fire Sprinkler Dumuth Rec Ctr Install Underground Fire Line POC aC P!L Total Bid $113,500 WE EXCLUDE PERMITS,METERS,FEES OR ASSESSMENTS SAW CUT,DEMO,PATCHING WATER DISTRICT/CONNECTION FEES ELECTRICAL ALARM SYSTEM POWER AND LOW VOLTAGE WIRING FIRE EXTINGUISHERS/CABINETS PAINTING OF ANY PIPING ANY AND ALL SCAFFOLDING WIRING OF ELECTRONIC ALARM BELL(ALARM BELL FURNISHED BY KINCAID) CLARIFICATIONS THIS BID IS GOOD FOR 90 DAYS AT WHICH TIME IT CAN BE WITHDRAWN ALL WORK BID IS BASED ON AN 8 HOUR WORK DAY M-F AT STRAIGHT TIME-NO OT/DT WE EXPECT TO PARTICIPATE IN THE DEVELOPMENT OF THE CONSTRUCTION SCHEDULE BID IS BASED ON KINCAIDS INTERPRETATION OF THE PLANS,KINCAID SHALL HAVE FINAL APPROVAL ON WE EXPECT PROGRESS PAYMENTS IN 10 DAYS AFTER RECEIPT OF MONTHLY PAYMENTS FROM THE OWNER INSTALL PER APPROVED DESIGN BUILD DRAWINGS Mike Hillenbrand KINCAID INDUSTRIES INC. LIC.695797 C-36,C-16,A SSE CERTIFIED 31*065 PLANTATION DRIVE,THOUSAND PALMS,CA 92276 T-760.343,5457 F-760,343.5446 EXHIBIT ccg» INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor's services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VI I, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No. It or "for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. Of or "for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail 15 7 ® DATE(MM/DD/YYYY) ACoRo CERTIFICATE OF LIABILITY INSURANCE 5/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: TOri Sampson Arthur J. Gallagher&CO. PHONE FAX Insurance Brokers of CA., Inc LIC#0726293 A/c No Ext:559-256-6554 A/c No;559-256-6590 45 E. River Park Place W, Ste 605 ADDRIESS: TOri Sampson@ajg.com Fresno CA 93720 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED KINCIND-01 INSURER B:Underwriters at Lloyd's London 32727 Kincaid Industries Inc. INSURERC:Navigators Specialty Insurance Company 36056 31065 Plantation Dr. Thousand Palms„ CA 92276 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1927112325 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. INSR ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDIYYrr MM/D LICY EFF POLICY EXP LTR DIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y GLO0381243-03 7/1/2018 7/1/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTE15-- CLAIMS-MADE a OCCUR PREMISES Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY�JE� LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y BAP 0381244-03 7/1/2018 7/1/201.9�)COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION Y WC 0381242-03 7/1/2018 T11720LI9_-X PER OTH- AND EMPLOYERS'LIABILITY Y/N .� STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional Liab ANE1577004.18 7/1/2018 7/1/2019D Umit-$1,000,000 Agg-$1,000,000 C Pollution Liability SF18ECP3046331C 7/1/2018 7/1'/( 2'019 Limit-$2,000,000 Agg-$2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) When required by written contract or agreement as respects the GL additional insured,primary and waiver of subrogation&Blanket apply per forms UGL 1175FCW 4/13,UGL 1345BCW 4113&U-GL-1521-A CW(10112). When required by written contract or agreement as respects the Auto additional insured and waiver of subrogation&Blanket apply per form UCA424FCW 4/14 and U-CA-832-A CW(01/13). When required by written contract or agreement as respects the WC blanket waiver of subrogation applies per form WC040306 4/84. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Palm Springs ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Services Department 3200 E.Tahquitz Canyon Way AUTHORIZED REPRESENTATIVE Palm Springs CA 92262 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD s Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. I Eff.Date of End. Producer No. AWL Prem Return Prem. BAP0381244-03 /1/2018 7/1/2019 7/1/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II—Covered Autos Liability Coverage: The following are also"insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission,while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an"auto"referenced in Paragraphs A.1.a.and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s)or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW(04/14) Page 1 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto' (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto'; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered"auto". However, the most we will pay for any expenses for loss of use is$100 per day,to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to$750 for"loss"to personal effects which are: (1) Personal property owned by an "insured'; and (2) In or on a covered "auto". b. Subject to Paragraph a.above, the amount to be paid for"loss"to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same"loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 13.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for"loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured'; and (b) Are in a covered "auto"at the time of"loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F CW(04/14) Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. agent, servant or employee of the "insured"to notify us of any"accident", claim, "suit"or"loss"shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or"suit"including, but not limited to, the date and details of such claim or"suit'; (2) The"insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the"accident" or"loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos—Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto.Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered "auto"you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee"or elected or appointed official with your permission while being operated within the course and scope of that "employee's"employment by you or that elected or appointed official's duties as respect their obligations to you. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) .Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto—World Wide Coverage Paragraph 7a.(5)of the Policy Period,Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered"auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW(04/14) Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Blanket Notification to Others of Cancellation ZURICH. or Non-Renewal Policy No. Eff. Date of Pol. I Exp. Date of Pol. Eff:Date of End. Producer No. AWL Prem Return Pre BAP0381244-03 /1/2018 /1/2019 7/1/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or . b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A.and B.of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A.and B.of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CW(01/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV— Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an'occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit'as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same'occurrence", offense, claim or"suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW(04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 2. The last paragraph of Section II —Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. C. Insured Status—Employees Paragraph 2.a.(1)of Section II—Who Is An Insured is replaced by the following: 2. Each of the following is also an insured: a. Your"volunteer workers"only while performing duties related to the conduct of your business, or your "employees", other than either your"executive officers"(if you are an organization other than a partnership,joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these"employees"or"volunteer workers"are insureds for: (1) "Bodily injury'or"personal and advertising injury": (a) To you,to your partners or members(if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee"or"volunteer worker"as a consequence of Paragraph (1)(a)above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a)or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However: Paragraphs (1)(a)and (1)(d)do not apply to your"employees"or"volunteer workers", who are not employed by you or volunteering for you as health care professionals, for"bodily injury"arising out of "Good Samaritan Acts"while the"employee"or"volunteer worker"is performing duties related to the conduct of your business. "Good Samaritan Acts"mean any assistance of a medical nature rendered or provided in an emergency situation for which no remuneration is demanded or received. Paragraphs (1)(a), (b) and (c) do not apply to any "employee" designated as a supervisor or higher in rank,with respect to"bodily injury"to co-"employees". As used in this provision, "employees" designated as a supervisor or higher in rank means only"employees"who are authorized by you to exercise direct or indirect supervision or control over"employees" or "volunteer workers" and the manner in which work is performed. D. Additional Insureds—Lessees of Premises 1. Section II—Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. This provision does not apply after the person or organization ceases to lease or rent premises from you. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contractor written agreement to provide for such additional insured. 2. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III—Limits Of Insurance: U-GL-1345-B CW(04/13) Page 2 of 12 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 3. With respect to the insurance afforded to the vendor under this endorsement, the following is added to Section III —Limits Of Insurance: The most we will pay on behalf of the vendor is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph E.I. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph E.shall not increase the applicable Limits of Insurance shown in the Declarations. F. Additional Insured—Managers, Lessors or Governmental Entity 1. Section II—Who Is An Insured is amended to include as an insured any person or organization who is a manager, lessor or governmental entity who you are required to add as an additional insured on this policy under a written contract,written agreement or permit, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omission of those acting on your behalf; and resulting directly from: a. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit; . b. Ownership, maintenance, occupancy or use of premises by you; or c. Maintenance, operation or use by you of equipment leased to you by such person or organization. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contractor written agreement to provide for such additional insured. 2. This provision does not apply: a. Unless the written contract or written agreement has been executed, or the permit has been issued, prior to the"bodily injury", "property damage"or offense that caused "personal and advertising injury'; b. To any person or organization included as an insured under Paragraph 3. of Section II—Who Is An Insured; c. To any lessor of equipment if the"occurrence"or offense takes place after the equipment lease expires; d. To any: (1) Owners or other interests from whom land has been leased by you; or (2) Managers or lessors of premises, if: (a) The"occurrence"or offense takes place after the expiration of the lease or you cease to be a tenant in that premises; (b) The"bodily injury", "property damage"or"personal and advertising injury"arises out of the structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (c) The premises are excluded under this Coverage Part. 3. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph F.1. above (of this endorsement); or U-GL-1345-B CW(04/13) Page 4 of 12 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. d. Windstorm or hail; e. Smoke; f. Aircraft or vehicles; g. Vandalism; h. Weight of snow, ice or sleet; i. Leakage from fire extinguishing equipment, including sprinklers; or j. Accidental discharge or leakage of water or steam from any part of.a system or appliance containing water or steam. J. Limited Contractual Liability Coverage—Personal and Advertising Injury 1. Exclusion e. of Section I—Coverage B—Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury"for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for"personal and advertising injury" if: (a) The "personal and advertising injury" arises out of the offenses of false arrest, detention or imprisonment; (b) The liability pertains to your business and is assumed in a written contract or written agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; and (c) The "personal and advertising injury" occurs subsequent to the execution of the written contract or written agreement. Solely for purposes of liability so assumed in such written contract or written agreement, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury" described in Paragraph (a) above, provided: (1) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same written contract or written agreement; and (ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d.of Section I—Supplementary Payments—Coverages A and B is replaced by the following: d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; 3. The following is added to the paragraph directly following Paragraph 2.f. of Section I — Supplementary Payments—Coverages A and B: Notwithstanding the provisions of Paragraph 2.e.(2) of Section I—Coverage.B— Personal And Advertising Injury Liability, such payments will not be deemed to be damages for "personal and advertising injury" and will not reduce the limits of insurance. K. Supplementary Payments The following changes apply to Supplementary Payments—Coverages A and B: Paragraphs 1.b.and 1.d.are replaced by the following: U-GL-1345-B CW(04/13) Page 6 of 12 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company)while participating in such amateur athletic activities; or b. "Property damage" to property owned by, occupied or used by, rented to, in the care, custody or control of, or over which the physical control is being exercised for any purpose by: (1) Your"employee", "volunteer worker"or any person you sponsor; or (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). P. Non-Owned Aircraft,Auto and Watercraft Exclusion g.of Section I—Coverage A—Bodily Injury And Property Damage Liability is replaced by the following: g. Aircraft,Auto Or Watercraft "Bodily injury' or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and"loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the"bodily injury"or"property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any"insured contract"for the ownership, maintenance or use of aircraft or watercraft; (5) An aircraft that is hired or chartered by you or loaned to you, with a paid and licensed crew, and is not owned in whole or in part by an insured; or (6) "Bodily injury'or"property damage"arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of"mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". Q. Definitions—Leased Worker,Temporary Worker and Labor Leasing Firm 1. The "leased worker" and "temporary worker" definitions under the Definitions Section are replaced by the, following: "Leased worker" means a person leased to you by a "labor leasing firm" under a written agreement between you and the "labor leasing firm", to perform duties related to the conduct of your business. "Leased worker"does not include a"temporary worker'. "Temporary worker" means a person who is furnished to you to support or supplement your work force during "employee" absences, temporary skill shortages, upturns or downturns in business or to meet seasonal or short- term workload conditions. "Temporary worker'does not include a"leased worker". 2. The following definition is added to the Definitions Section: "Labor leasing firm"means any person or organization who hires out workers to others, including any: a. Employment agency, contractor or services; b. Professional employer organization; or 1-1-GL-1345-13 CW(04/13) Page 8 of 12 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. In the event a claim is made or"suit"is brought against more than one insured seeking damages because of"bodily injury"or"property damage"caused by the same"occurrence"or"personal and advertising injury"caused by the same offense,we will apply the Limits of Insurance in the following order: (a) You; (b) Your"executive officers", partners, directors, stockholders, members, managers (if you are a limited liability company)or"employees'; and (c) Any other insured in any order that we choose. U. Duties in the Event of Occurrence,Offense,Claim or Suit Condition The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV—Commercial,General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to any insured listed under Paragraph 1. of Section II—Who Is An Insured or an"employee"authorized by you to give or receive such notice. Knowledge by other"employees" of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge. In the event that an insured reports an "occurrence" to the workers compensation carrier of the Named Insured and this "occurrence" later develops into a General.Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence"to us at the time of the "occurrence" shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. V. Other Insurance Condition Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV — Commercial General Liability Conditions are replaced by the following: 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance,whether primary, excess, contingent or on any other basis: (i) That is property insurance, Builder's Risk, Installation Risk or similar coverage for"your work'; (ii) That is property insurance purchased by you (including any deductible or self insurance portion thereof), to cover premises rented to you or temporarily occupied by you with permission of the owner; (iii)That is insurance purchased by you (including any deductible or self insurance portion thereof)to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; U-GL-1345-B CW(04/13) Page 10 of 12 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Y. Liberalization Condition The following condition is added to Section IV—Commercial General Liability Conditions: Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy. All other terms and conditions of this policy remain unchanged. U-GL-1345-B CW(04/13) Page 12 of 12 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. s WORKERS'COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 7/1/2018 at 12:01 A.M. standard time,forms a part of (DATE) Policy No.WC 0381242-03 Endorsement No. of the Zurich American Insurance Company (NAME OF INSURANCE COMPANY) issued to Kincaid Industries, Inc. Premium (if any)$ Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT WC 252(4-84) WC 04 03 06(Ed.4-84) Page 1 of 1 ~� ® DATE CWAIDDNYYY) AC RV CERTIFICATE OF LIABILITY INSURANCE sns/2a19 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGH UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER RIGHTS UPON THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate'does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER aCi MO an Acree Arthur J.Gallagher 8r Co. PHONE Faz Insurance Brokers of CA., Ina LIC#0726293 559 256-6553 559 258-6590 45 E.Rivet Park Place W.Ste 605 -NAIL , Morgan-Acre a .com Fresno CA 93720 INSURERS AFFORDING COVERAGE NAICS INSURER A:Zurich American Insurance Company t 16535 INSURED KINCIND-01 MauBERs:Underwriters at Lloyd's London K t 32727 Kincaid Industries Inc.31065 Plantation Dr. rusuRERc:Navigators Specialty Insurance Company t 36058 Thousand Palms,,CA 92276 INSURERD: INBURER E: I IN URER F: I COVERAGES CERTIFICATE NUMBER:1772857422 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, THEANSURANCE 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. IHLLTR TYPEOFINSURANCE AIDbLiI' POLICY NUMBER MM1OIRIDIYYEYw ' MM POUD YYYY LIMMS A X I ComNER6lALGENERAL LIABILITY Y Y GLO 038124344 71112019 7112020 EACH OCCURRENCE S 1,000,ODO CLAIMS MADE [)OCCUR Ol ySE$(ER Qgurram.1— S 1,000,0DO MEO EXP(Arr I one person $10.000 �+ PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE 52.000,000 POLICY l" i PRO. -•, J.LOC PRODUCTS•COMPIOP AGG S 2.000,000 OTHER: I S A AUTOMOBILELIABILITY Y Y BAP 0381244-04 7/12019 71,2020 COMBIN SLYOLE LIMIT 51,000,000 X I ANY AUTO BODILY INJURY(Parparcon) S OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE. S AUTOS ONLY AUTOS ONLY r EC531krill I $ OURRELLAUAe OCCUR EACHOCCURRE14CE S EXCESS UA13 CLAWS-MADE AGGREGATE S DED t RETENTION $ A WORKERS COMPENSATION - Y WC 0381242-D4 7112019 7112D20 X PER OTH- AND EMPLOYERS'LIABILITY YIN I STATUIR ER ANYPROPRIETOR'PARTNEWEXECUTIVE N 1 A E.L.EACH ACCIDENT C3 S 1,000,ft OFFICERIMEMBER EXCLUDED? (Mindatcry In NH) El-DISEASE•EA EMPCIWEEt QkDO.9bD d yes.descrlbe under { DESCRIPTION OF OPERATIONS below ! t E:L DISEASE•POL)c rT iikooA e i PwIesslonal Llab ANE1577004 19 j 7112019 7/12020 U"I•S I Ioo,00a Yrr 9- A00 C Polhrtlan Ua69Ay I SF19ECP3046331C 711/2019 7/12020 Unit•$2.o00,000 OeT p-SEI 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD iol,Addlllono Ramarm Schadula,may be aftacMd tl Isom apace Is.requlred) ` When required by written contract or agreement as respects the GL additional Insured,primary and waiver of subrogatlon&Blanket apgy pertrms="� UGL 1175FCW 4/13,UGL 1345BCW 4113&U-GL-1521-A CW(10/12): When required by written contractor agreement as respects the Auto additional insured and waiver of subrogation 8 Blanket apply per 9rm UCA424FCW 4114 and U•CA-832-A CW(01113). ,� Z. When required by written contract or agreement as respects the WC blanket waiver of subrogation applies per form WC040306 4184. �v c"3. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Palm Springs ACCORDANCE WITH THE POLICY PROVISIONS. Engineeringg Sen/ices Department 3200 E.Tahquitz Canyon Way AIm14R(ZEDREPRESENTATIVE Palm Springs CA 92262 /D C ; �,,"'y i 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD .•„r�T ssa CERTIFICATE OF LIABILITY INSURANCE DATE (MMoD 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(les) 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 riqhts to the certificate holder In lieu of such endorsement(s). PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA, Inc. L)C#0726293 RECBIVED 45 E. River Park Place W, Ste 605 Fresno CA 93720 JUL 0 6 7p?? INSURED KINCIN Kincaid Industries Inc. Office of the City 31065 Plantation Dr. y Clerk Thousand Palms„ CA 92276 Morgan Awes INSURERS : Travelers INSURER C: Undenwit COVERAGES CERTIFICATE NUMBER: 555288027 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, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. pEXCLUSIONS AWL BURRLTR�aETYPEOFINSURANCf naso Jill POLICY W)WER If0/YY Y Cliffs A X COMMERCIALGENERALUABLRY Y Y GLO 0381243-07 7112022 7/12023 EACHOCCURRENCE $1,000,000 CLAIMS MADE Lj�J OCCUR PREMISES (E r 1,000,000 MED EXP (Anyone anon) $10,000 PERSONAL A ADV INJURY $1,000.000 GENT AGGREGATELIMITAPPLIES PER: POLICY �JppE(T []LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP Mao s2,000,000 s OTHER A AUTOYOMLE LIABILITY Y Y BAP 0301244-07 7/12022 7112023 OMBINED SINGLE LIMIT $1 000 000 X BODILY INJURY (PM penan) ANY AUTO $ OWNED SCHEDULED AUTO$ONLY AUTO* eOmLYINJURYiPxacademl s HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPER7y DAMAGE P aog0en11 B B X WBRELLALIAB X OCCUR CUP-1S810778-22-NF 7112022 7M2023 EACH OCCURRENCE $5,000,000 15,000,000 IMCM UAS CLAMS -MADE AGGREGATE DEO X I RETENTION _ s A WORKERSCOMPENBATION AND EMPLOYERS'LIABILRY YIN ANYPROPRIETORPARTNERIEXECUTIVE OFFICERMEMBEREXCL.UDED? NIA Y WC 0387242-07 7112022 7112023 X A T E.L. EACH ACCIDENT 81,000,000 El DISEASE EAEMPLOYEE $1.000 000 (Mandatory In NH) II Yoa.'eecribe under DESCRIPTION OF OPERATIONS m1o. E.L. DISEASE- POLICY LIMIT $1.000,000 C Protesuonel Liab ANE1577004.22 D Pollubon Uambly SF22ECP3046331C 7/12022 7J2022 7112023 7/12023 Um0-51.000.DDO Um4-$2,000ODD Ago -$1,000,000 Agg-SZOD0,000 DESCRIPTION OF OPEEyRATIONS I LOCATIONS ,VEHICLES (ACORD 101. Additional Remarks Scredule, my M ottwhed H mae rpW Is nglle� Whenrequiredby 3 ten contract 345BCW 4113 8 agreement as respects the GOL72d)ditional insured. primary and waiver of subrogation & Blanket apply per forma UGLWhen reqquired b y, written contract or agreement as respects the Auto additional insured and waiver of subrogation & Blanket apply per form UCA424FCW 4114 and U-CA-832-A CW (01113). When required by written contract or agreement as respects the WC blanket waiver of subrogation applies per form WC040306 4184 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Services Department 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 USA AUTHORIZED REPRESENTATIVE _ 7 0 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD dirt O� I 2' or 27 2m7 AGENCY CUSTOMER ID: KINCIND-01 LOC #: ACII ADDITIONAL REMARKS SCHEDULE Page 1 of 1 `i — AGENCY NAMED INSURED Arthur J. Gallagher & Cc Kincaid Industnes Inc _ 31065 Plantation Or POLICY NUMBER Thousand Palms,. CA 92276 CARRIER I NAIC CODE EFFECTIVE DATE: IGPJ IALL�ICL'i�i' THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE J Demuth Community Center Project The City of Palm Springs, its officials, employeesand agents are Included as Additional Insured as per attached Indum. Waiver of Subrogation applies as per attached addendum 101 The ACORD name and logo are registered marks of ACORD CORPORATION. All rights reserved. Coverage Extension Endorsement 0 ZURICH Policy No. Eff. Date of Pol. 7/1/2022 I Exp. Date of Pol. I Eff. Date of End. I Producer No. Add 'I. Pram Return Prem. lAB0381244-07 7/1/2023 7/1/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II -Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment- Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II - Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW (04/14) Page 1 of 6 Includes copyrighted material of Insurance services Office, Inc, with its permission. 4-or27 2207 C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section 11— Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto' of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However. if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U•CA424-F CW (04114) Page 2 of 6 Includes copyrighted material of Insurance services Office, Inc., with its permission. 5• of 27 2207 (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of S3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for 'loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same 'loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the properly of an "insured"; and (b) Are in a covered "auto' at the time of "loss". The most we will pay for such 'loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F CW (04M4) Page 3 of 6 Includes copyrighted material of Insurance Services Office. Inc., with Its permission. 9'of 27 2207 K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph BA.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis. 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing: 4. "Loss or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CW (04114) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. r or27 2207 agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto — World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U•CA-424-F CW (04114) Page 5 of 6 Includes copyrighted material of Insurance services Office, Inc„ with Its permission. s• "f 2r 2207 U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage —Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto' of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto' is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto' or "auto' powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto' must be replaced by a hybrid "auto' or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto' powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto' solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto' powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U•CA424-F cw (04114) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. V 027 2207 Blanket Notification to Others of Cancellation or Non -Renewal 0 ZURICH i Policy No. I Eff, Date of Pol. I Exp. Date of Pol. i Eft. Date of End. I Producer No. i AWL Prom i Return Prem. 13AP0381244-07 7/1/2022 17/1/2023 17/1/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date: 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CW (01/13) Page 1 of 1 Includes copyrighted material of Insurance services Office, Ina, with its permission. m• of 27 2207 Additional Insured —Automatic — Owners, Lessees Or Contractors Policy No. I Ell Date of Pol. I Exp. Date of Pol. I Ell. Date of End. I Producer No. Add 1. Prem GL00381243-07 '7/1/2022 7/1/2023 7/1/2022 0 ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Kincaid Industries, Inc. Address (Including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Return Prem. A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 8. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. u-GL-1175-F cw (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. with Its permissiontr• of 27 2207 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other Insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV— Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW (04113) Page 2 of 2 Includes copyrighted material of Insurance services Office, Inc., with its permission. 12' 0127 2207 9 General Liability Supplemental Coverage Endorsement ZURICH Policy No. Eff. Dale of Pol. I Exp. Date of Pol. I Eff. Date of End. I Producer No. Add'I. Prem Return Pram. GL00381243-07f'7/1/2022 [-7/1/2023 1 7/1/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following changes apply to this Coverage Part. However, endorsements attached to this Coverage Part will supersede any provisions to the contrary in this General Liability Supplemental Coverage Endorsement. A. Broadened Named Insured 1. The following is added to Section II -Who Is An Insured: Any organization of yours, other than a partnership or joint venture, which is not shown in the Declarations, and over which you maintain an ownership interest of more than 50% of such organization as of the effective date of this Coverage Part, will qualify as a Named Insured. However, such organization will not qualify as a Named Insured under this provision if it: a. is newly acquired or formed during the policy period; b. is also an insured under another policy, other than a policy written to apply specifically in excess of this Coverage Part; or C. Would be an insured under another policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as a Named Insured only while you maintain an ownership interest of more than 50% in the organization during the policy period. 2. The last paragraph of Section II - Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. B. Newly Acquired or Formed Organizations as Named Insureds 1. Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain an ownership interest of more than 50% of such organization, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180"' day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. An additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. U-GL-1345-B CW (04M) Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 13-or 27 2207 2. The last paragraph of Section II — Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. Insured Status — Employees Paragraph 2.a.(1) of Section 11— Who Is An Insured is replaced by the following: 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However. none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury' or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that cc -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However: Paragraphs (1)(a) and (1)(d) do not apply to your "employees" or "volunteer workers", who are not employed by you or volunteering for you as health care professionals, for "bodily injury" arising out of "Good Samaritan Acts" while the "employee" or "volunteer worker" is performing duties related to the conduct of your business. "Good Samaritan Acts" mean any assistance of a medical nature rendered or provided in an emergency situation for which no remuneration is demanded or received. Paragraphs (1)(a), (b) and (c) do not apply to any "employee" designated as a supervisor or higher in rank, with respect to "bodily injury" to co -"employees". As used In this provision, "employees" designated as a supervisor or higher in rank means only "employees" who are authorized by you to exercise direct or indirect supervision or control over "employees" or "volunteer workers" and the manner in which work is performed. D. Additional Insureds — Lessees of Premises 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. This provision does not apply after the person or organization ceases to lease or rent premises from you. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: U-GL-1345-B CW (04/13) Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc.. vrith its permission. 14• 0 27 2207 The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph DA. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured —Vendors 1. The following change applies if this Coverage Part provides insurance to you for "bodily injury" and "property damage" included in the "products -completed operations hazard": Section II — Who Is An Insured is amended to include as an additional insured any person or organization (referred to throughout this Paragraph E. as vendor) who you have agreed in a written contract or written agreement, prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business: However, the insurance afforded to such vendor: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, Installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This insurance does not apply to any of "your products" for which coverage is excluded under this Coverage Part. U-GL-1345-B CW (04/13) Page 3 of 12 Includes copyrighted materiel of Insurance Services Office, Inc., with Its permission 15- 0 27 2207 3. With respect to the insurance afforded to the vendor under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the vendor is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph E.1. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. Additional Insured — Managers, Lessors or Governmental Entity 1. Section II —Who Is An Insured is amended to include as an insured any person or organization who is a manager, lessor or governmental entity who you are required to add as an additional Insured on this policy under a written contract, written agreement or permit, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omission of those acting on your behalf; and resulting directly from: a. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit; b. Ownership, maintenance, occupancy or use of premises by you; or c. Maintenance, operation or use by you of equipment leased to you by such person or organization. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. This provision does not apply: a. Unless the written contract or written agreement has been executed, or the permit has been issued, prior to the 'bodily injury", "property damage" or offense that caused "personal and advertising injury"; b. To any person or organization included as an insured under Paragraph 3. of Section II — Who Is An Insured; c. To any lessor of equipment if the "occurrence" or offense takes place after the equipment lease expires; d. To any: (1) Owners or other interests from whom land has been leased by you; or (2) Managers or lessors of premises, if: (a) The 'occurrence" or offense takes place after the expiration of the lease or you cease to be a tenant in that premises; (b) The "bodily injury", "property damage" or "personal and advertising injury' arises out of the structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (c) The premises are excluded under this Coverage Part. 3. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph F.I. above (of this endorsement); or U-GL-1345-B CW (04113) Page 4 of 12 Includes copydghled material of Insurance Services Office, Inc., with its permission, i a'of27 2207 b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph F. shall not increase the applicable Limits of Insurance shown in the Declarations. G. Damage to Premises Rented or Occupied by You 1. The last paragraph under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Section III — Limits Of Insurance. 2. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by one or more "specific perils" to any one premises, while rented to you or temporarily occupied by you with permission of the owner. H. Broadened Contractual Liability The "insured contract" definition under the Definitions Section is replaced by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "Insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage", or "personal and advertising injury" arising out of the offenses of false arrest, detention or imprisonment, to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. I. Definition — Specific Perils The following definition is added to the Definitions Section: "Specific perils" means: a. Fire; b. Lightning; c. Explosion; Includes copyrighted material of Insurance services Office, Inc.. with its permission, U-GL-1345-B CW (04113) Page 5 of 12 i r of 27 2207 d. Windstorm or hail; e. Smoke; f. Aircraft or vehicles; g. Vandalism; It. Weight of snow, ice or sleet; L Leakage from fire extinguishing equipment, including sprinklers; or j. Accidental discharge or leakage of water or steam from any part of a system or appliance containing water or steam. J. Limited Contractual Liability Coverage - Personal and Advertising Injury 1. Exclusion e. of Section I - Coverage B - Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for "personal and advertising injury" if: (a) The "personal and advertising injury" arises out of the offenses of false arrest, detention or imprisonment; (b) The liability pertains to your business and is assumed in a written contract or written agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; and (c) The "personal and advertising injury" occurs subsequent to the execution of the written contract or written agreement. Solely for purposes of liability so assumed in such written contract or written agreement, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising Injury" described in Paragraph (a) above, provided: (i) Liability to such party for, or for the cost of, that partys defense has also been assumed in the same written contract or written agreement; and (ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d, of Section I - Supplementary Payments - Coverages A and B is replaced by the following: d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the Interests of the insured and the interests of the indemnitee; 3. The following is added to the paragraph directly following Paragraph 21 of Section I - Supplementary Payments - Coverages A and B: Notwithstanding the provisions of Paragraph 2.e.(2) of Section I - Coverage B - Personal And Advertising Injury Liability, such payments will not be deemed to be damages for "personal and advertising injury" and will not reduce the limits of insurance. K. Supplementary Payments The following changes apply to Supplementary Payments - Coverages A and B: Paragraphs 1.b. and 1.d. are replaced by the following: U-GL-1345-B CW (04113) Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 18' of 27 2207 It. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. L. Broadened Property Damage 1. Property Damage to Contents of Premises Rented Short -Term The paragraph directly following Paragraph (6) in Exclusion J. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to premises (other than damage by "specific perils"), including "property damage" to the contents of such premises, rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section III — Limits Of Insurance. 2. Elevator Property Damage a. The following is added to Exclusion J. of Section I — Coverage A — Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising out of the use of an elevator at premises you own, rent or occupy. b. The following is added to Section III — Limits Of Insurance: Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy is $25,000 per "occurrence". 3. Property Damage to Borrowed Equipment a. The following is added to Exclusion j. of Section 1 — Coverage A — Bodily Injury And Property Damage Liability: Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow from others at a jobsite. b. The following is added to Section III — Limits Of Insurance: Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to equipment you borrow from others is $25,000 per "occurrence". M. Expected or Intended Injury or Damage Exclusion a. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. N. Definitions — Bodily Injury The 'property damage" definition under the Definitions Section is replaced by the following: "Bodily Injury" means bodily injury, sickness or disease sustained by a person, Including mental anguish, mental injury, shock, fright or death sustained by that person which results from that bodily injury, sickness or disease. O. Insured Status — Amateur Athletic Participants Section II — Who Is An Insured is amended to include as an insured any person you sponsor while participating in amateur athletic activities. However, no such person is an insured for: a. 'Bodily injury" to: (1) Your "employee", "volunteer worker" or any person you sponsor while participating in such amateur athletic activities; or U-GL-1345-B CW (04113) Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc.. with its permission. IV of 27 2207 (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company) while participating in such amateur athletic activities; or b. "Property damage" to property owned by, occupied or used by, rented to, in the care, custody or control of, or over which the physical control is being exercised for any purpose by: (1) Your "employee", "volunteer worker' or any person you sponsor; or (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). P. Non -Owned Aircraft, Auto and Watercraft Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) An aircraft that is hired or chartered by you or loaned to you, with a paid and licensed crew, and is not owned in whole or in part by an insured; or (6) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". O. Definitions — Leased Worker, Temporary Worker and Labor Leasing Firm 1. The "leased worker" and "temporary worker' definitions under the Definitions Section are replaced by the following: "Leased worker" means a person leased to you by a "labor leasing firm" under a written agreement between you and the "labor leasing firm", to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". "Temporary worker" means a person who is furnished to you to support or supplement your work force during "employee" absences, temporary skill shortages, upturns or downturns in business or to meet seasonal or short- term workload conditions. "Temporary worker" does not include a "leased worker". 2. The following definition is added to the Definitions Section: "Labor leasing firm" means any person or organization who hires out workers to others, including any: a. Employment agency, contractor or services; b. Professional employer organization; or U-GL-1345-8 CW (04/13) Page 8 of 12 Includes copyrighled material of Insurance services Office, Inc, with its permission. 20' of 27 2207 c. Temporary help service. R. Definition — Mobile Equipment Paragraph f. of the "mobile equipment" definition under the Definitions Section is replaced by the following: f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment, exceeding a combined gross vehicle weight of 1000 pounds, are not "mobile equipment' but will be considered "autos": (1) Equipment designed primarily for. (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. S. Definitions —Your Product and Your Work The "your product' and 'your work" definitions under the Definitions Section are replaced by the following: "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. "Your work": a. Means: (1) Work, services or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work, services or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your work"; and (2) The providing of or failure to provide warnings or instructions. T. Priority Condition The following paragraph is added to Section III — Limits Of Insurance: U-GL-1345-B CW (04113) Page 9 of 12 Includes copyrighted material of Insurance services Office, Inc., with its permission. 21-0127 2207 In the event a claim is made or "suit" is brought against more than one insured seeking damages because of "bodily injury" or "property damage" caused by the same "occurrence" or "personal and advertising injury" caused by the same offense, we will apply the Limits of Insurance in the following order. (a) You; (b) Your "executive officers", partners, directors, stockholders, members, managers (if you are a limited liability company) or "employees"; and (c) Any other insured in any order that we choose. U. Duties in the Event of Occurrence, Offense, Claim or Suit Condition The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to any insured listed under Paragraph 1. of Section II — Who Is An Insured or an "employee" authorized by you to give or receive such notice. Knowledge by other "employees" of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge. In the event that an insured reports an "occurrence" to the workers compensation carrier of the Named Insured and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. V. Other Insurance Condition Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV — Commercial General Liability Conditions are replaced by the following: 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (1) That is property insurance, Builder's Risk, Installation Risk or similar coverage for "your work"; (11) That is property insurance purchased by you (including any deductible or self insurance portion thereof) to cover premises rented to you or temporarily occupied by you with permission of the owner; (III) That is insurance purchased by you (including any deductible or self insurance portion thereof) to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; U-GL-1345-B CW (04/13) Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 22-027 2207 (iv) 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; or (v) That is property insurance (including any deductible or self insurance portion thereof) purchased by you to cover damage to: Equipment you borrow from others; or Property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy. (b) Any other primary insurance (including any deductible or self insurance portion thereof) available to the insured covering liability for damages arising out of the premises, operations, products, work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an Insured arranges for funding of its legal liabilities. (c) Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. W. Unintentional Failure to Disclose All Hazards Paragraph 6. Representations of Section IV — Commercial General Liability Conditions is replaced by the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: a. Fail to disclose all hazards existing at the inception of this policy; or b. Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. X. Waiver of Right of Subrogation Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions is replaced by the following: 8. Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss, we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured's performance begins, or when it is signed, whichever happens first. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-1345-e CW (04I13) Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 23- 0 27 2207 Y. Liberalization Condition The following condition is added to Section IV — Commercial General Liability Conditions: Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy. All other terms and conditions of this policy remain unchanged. U-GL-1345-B CW (04M) Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc, with its permission. 24' 0127 2207 Blanket Notification to Others of Cancellation or Non -Renewal 0 ZURICH Policy No. I Eff. Dale of Pal. I Exp. Date of Pal. I Eff. Dale of End. I Producer No. I Add9. Prom [ Return Prem. ] GL00381243-07I7/1/2022 7/1/2023 17/1/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-GL-1521-A CW (10/12) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2s of 2r 2207 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 7/1/2022 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. WC 0381242-07 of the Zurich American Insurance Company issued to Kincaid Industries, Inc. Premium (if any) $ Endorsement No. (NAME OF INSURANCE COMPANY) Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT WC 252 (4-84) WC 04 03 06 (E(L 4-84) % of the California workers' compensation Job Description Page I of I 26' 0127 2207 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non -renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non -renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered If a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non -renewal; Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non -renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non -renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non -renewal date; b. Negate the cancellation or non -renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise slated. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 7/1/2022 Policy No. WC 0381242-07 Endorsement No. Insured Premium $ Insurance Company Zurich American Insurance Company WC 99 06 43 Page 1 of 1 (Ed. 01-13) Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. 0 2012 Copynght National Council on Compensetion Insurance. Inc. All Rights Reserved. 2r of 27 2207 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 45 E. River Park Place W, Ste 605 Fresno, CA 93720 2207 6 MS 1.888 ���IIIIIPIIh�p��IhIIIiIIIPlm�lhhll�lllllllllullllgl�ll CITY OF PALM SPRINGS ENGINEERING SERVICES DEPARTMENT 3200 E TAHQUITZ CANYON WAY 2207 PALM SPRINGS, CA 92262-6959 We are providing you with a Certificate of Insurance confirming our client's coverage. Want to get certificates of insurance faster? "Go Green with Gallagher" by receiving digital copies of certificates via e-mail in the future. Or, do you no longer require a certificate of insurance for our client? Please contact us at COLD dp ateMyEmail@AJG.com and provide the following information for processing: 1. Confirmation that a certificate of insurance is no longer required; or 2. E-mail address to send future certificates of insurance in lieu of U.S. Mail delivery 3. Insured Code found in the Insured section on the enclosed certificate. An example of this code is XXXXXX-01 4. This Certificate Number: 555288927 To learn more about the Insurance and Risk Management Services offered by Gallagher, please visit us at www.aio.com/us/about-us/­how-we-work/core-360. Gallagher does not share your e-mail as detailed in our privacy policy found at https //www.ajg.com/us/privacy- olicv/. 1-0f27 2207