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AGMT - Taylor Tennis Courts, Inc (Windscreen Replacement SB Tennis Center
AGREEMENT FOR WINDSCREEN SEAL BEACH TENNIS between REPLACEMENT AT CENTER City of Seal.Beach 211 - 8th Street Seal Beach, CA 90740 PV Taylor Tennis Courts, Inc. 1250 N. La Loma Circle Anaheim, CA 92806 714-632=3883 --- -- This—Agreement—for—Windscreen =replacement—'("th"e Agreement")-- is—ma- de--as of December 17; 2020 (the "Effective Date"), by and between Taylor Tennis Courts, Inc. ("Contractor"), and the City of Seal Beach ("City"), a California charter city_(collectively,- 1 of 14 RECITALS A. City desires windscreen replacement services along the fence line of the Seal Beach Tennis Center, that faces out to Aster Park, the 405` Freeway sound wall, and the entrance walkway. (collectively "the Project"). B. Pursuant to the authority provided by its City Charter and Chapter 3.20 of the Seal Beach Municipal Code, the City solicited bids from vendors experienced in the work needed to carry out the Project. C. Contractor submitted bids for performance of the Project from at least three vendors, and City determined that Contractor submitted the lowest acceptable quotation. D. City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1. E. Contractor represents that its principal members. and employees are fully qualified and able to carry out the Project contemplated by this Agreement in a good and professional manner; and it desires to perform the Project as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Work 1.1. Contractor shall provide the tasks, services and other work (collectively "Work") for completion of the Project, as set forth in the attached Exhibit "A"'(Solicitation for. Vendor Quotes range dated November 12, 2020 to December 3, 2020), and Exhibit "B" (Taylor Tennis Courts, Inc. Proposal). 1.2. The complete agreement between the Parties includes this Agreement. and Exhibit "A" and Exhibit °B", attached hereto, which are hereby incorporated by this reference. The specific terms and conditions of this, Agreement shall control and have precedence over any contradictory or inconsistent terms and conditions included in Exhibits "A" and "B", and this Agreement shall be controlling in questions of interpretation. 1.3. Contractor shall perform and complete all Work under this Agreement on a timely, regular basis and in a good and workmanlike manner reasonably satisfactory to the City. 1.4. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, State, and local law. 2of14 1.5. As a material inducement:to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Work to be provided: In light of such: status and experience; Contractor hereby covenants that it shall follow the customary professional standards in performing all Work. 1,6. By executing this Agreement, Contractor represents that, to the extent required,bythe standard of practice, Contractor (a) -,has investigated and considered the scope of Work to be performed, (b)' has carefully considered how the Work should be performed,. and (c) understands the. facilities, 'difficulties and restrictions !attending performance of the Work under this. Agreement. 2.0 Term The term of this Agreement shall be for two,and a half: (2 1/2) months, land shall commence as of 12:01 a.m. on December 17, 2020 and shall terminate at midnight on February 28, 2021, unless previously terminated as provided by this Agreement. 10 Contractor's Compensation Forperforming;and completing the'Work in -accordance with this Agreement, City will pay Contractor in accordance'with the cost proposal shown on the fee schedule set forth in Exhibit "BP for Services, but, in no .event will the City pay more than! $18,975. Said sum shall constitutepayment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated'inthe Work, supervision,:administration;,overhead, expenses, and any and all other things required, furnished or incurred for completion of the Work as specified in this Agreement. Contractor will not be compensated for any work performed not specified in the Scope of Work°as defined in this Agreement unless the City authorizes such 'additional work in advance and in writing. Payment for additional work in excess of the City Manager's contracting authority requires prior City Council authorization. Anyadditional work authorized bya City pursuant to this Section will be compensated imaccordance with the billing, rates set forth in Exhibit B. 4.0 Method of Payment .Contractor sfiall submifto Citymonthly invoices for all Work rendered pursuantto this Agreement; Such invoices shall be submitted within 15 days of the end of the month ;during which the Work was performed and shall, describe in detail the Work _ renderedAuhrig the period, the days worked; number of -hours worked, the hourly rates charged; and,the Work performed for each day'in,the period. City will pay Contractor all undisputed fees within 30 days of receiving Contractor'sinvoice. City will not withhold any applicable federal or state payroll taxes or other required taxes or other authorized deductions from payments made to :Contractor for Work performed under this Agreement. 3'of 14 5.0 Termination 5.1. This Agreement may be terminated: by City; without cause;, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than thirty (30) days prior to the date of termination. 5.2. Notwithstanding Subsection 5.1; this Agreement may be terminated by City upon 10 days' :notice to Contractor if Contractor fails to provide satisfactory evidence ofrenewal or replacement of any insurance policy required by this Agreement at least 30 days before the expiration date of the' previousp`olicy(ies). 5.3. Notice of termination shall be given in accordance with Section 7.0. 6.0 Party Representatives 6`1. The Director of Public Works is the City's representative for purposes of this Agreement. 6:2. David Taylor is Contractor's, representative for purposes. of this Agreement. Contractor may not change its representative without the prior written approval of City, which approval shall `not be unreasonably withheld. 7.0 Notices 7.1. All notices °permitted or, required under this Agreement 'shall be deemed made when personally delivered or when mailed 48 hours after deposit `in the -United States Mail, first class postage prepaid and addressed to the party �at, the "following addresses: To City: City of Seal Beach 211 - 8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Taylor Tennis Courts, Inc. 1250 N. La Loma Circle Anaheim, California 92806 Attn: David Taylor 7.2. Actual notice shall, be deemed adequate noticeron the date actual notice occurred, regardless of the method of service. 4of14 8.0 Personnel Contractor has or shall secure, at its own expense, all personnel required to perform all Work. under this Agreement; Any person who performs any of the Work shall possess the qualifications, permits, and licenses required by State and local law to perform such Work. 9.0 Independent Contractor .9.1. Contractor is and shall at all times remain an independent contractor and not an employee of the City, and neither Contractor or any of its principals, directors, officers or, employees are entitled to participate in any wages, salaries, pension plan, insurance, bonus or similar benefits that Cityprovides for its employees. 'All Work provided pursuant to this Agreement shall 'be performed by Contractor or under its exclusive supervision, direction and control. Contractor- will determine the means, methods, and details of performing the Work. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards. 9:2. Any personnel of Contractor performing Work under this Agreement on behalf of`Contractor shall also not be employees or agents of City and shall at all times be under, Contractor's exclusive supervision, direction -and control. Contractor'shall pay all wages, salaries, and other amounts due its personnel in connection with their performance of Work under this Agreement and as required by law. Contractor shall be responsible for all reports, withholdings, deductions and other obligations respecting such personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance: 9,3. To the fullest extent permitted bylaw, Contractor shall defend (with legal counsel acceptable to City), indemnify and hold harmless City and its elected and appointed officials, officers; employees, attorneys, agents, servants, designated volunteers; those City agents serving. as independent, contractors in the role of City officials, from any and all liability, damages, claims; costs and expenses of anyinature to the extent arising from or caused by Contractor's personnel practices or any negligent or willful act or omission of Contractor related to or arising out of this Section 9,0. In addition to any other remedies under this Agreement or law, City shall have the right to amount due to City from Contractor as a result of Contractor's failure or refusal to promptly defend, indemnify and pay to City any defense costs, reimbursement or indemnification arising under this Section 9.0: Contractor's defense and indemnification obligations, under this Section are in addition to Contractor's defense and indemnification obligations of Section 14.0. 5 of 14 10.0 Subcontractors No. portion of this Agreement shall be subcontracted without the prior, written approval: of City. Contractor is fully responsible to City for the'performance of anyand. all subcontractors. 11.0 Assignment Contractor shall not assign or transfer any interest in this Agreement,whether by assignment or novation; without the prior written consent of City. Any purported' assignment withoutsuch consent shall be void'and without effect'. 12.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Work and other matters covered. under this Agreement, including but:expressly not limited to, all Work performed, salaries,, wages, •invoices, time cards, cost control sheets„ costs„ expenses, receipts and other records with respect to this Agreement: Contractor,shall maintain adequate records on the Work provided in sufficient detail to permit an evaluation of all Work in connection therewith. All such records shall be clearly identified,and read ilyaccessible. Atall times during regular business hours, Contractor shall provide City with free access to•such records, and the right to -examine and audit the same and to make copies and transcripts as City deems necessary, and shall. allow inspection of all program data, information, documents, proceedings and activities and all other matters related to, the performance of the Work under this Agreement. Contractor shall retain all financial and program service records and all, other: records related to the Work• and: performance of this Agreement forat least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 12.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 13.0 Insurance 13.1_ Liability Insurance. Contractor shall procure and maintain in full'force and effect for the duration of this Agreement insurance "against claims for bodily. 'injury, death, personal injury, property damage and professional negligence; which may arise from or in connection with the performance of the Work hereunder by, Contractor and its directors, officers, employees, agents, representatives, and subcontractors. 13.2. Minimum Scope of Insurance. Unless otherwise approved .by City, coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) :covering Automobile Liability, code 1 (any auto). 6of14 than Workers" Compensation insurance as required by the State of California and Employer's Liability Insurance. Professional Liability insurance (or .Errors and Omissions insurance). Contractor shall provide to City thwstandard form issued by the carrier. 13:&. Minimum Limits of Insurance. Contractor shall maintain limits no less General Liability: $2;000,000 per occurrence and in the aggregate for bodily injury, death, personal injury ,and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately`to this Agreement or the general limit shall be twice the:required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and properly damage. Employer's: Liability: $1,000;00.0 per accident and in the aggregate for bodily injury or disease; 'and Workers Compensation Insurance in the amount required by law. gregate. $1,000,000 13.4. Deductibles and Self -Insured Retentions:. Contractor shall inform City of any deductibles or self-insured retentions except with respect to professional liability insurance: 13:5. Other Insurance Provisions:: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 13.5.1. City; its elected and !appointed officers, officials, employees, servants, attorneys, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds as respects: liability arising out of activitiesperformed by or on behalf of Contractor;, ,products and: completed operations of Contractor; premises owned, occupied or used'ba Contractor, or automobiles owned -leased hired or borrowed- by Contractor. The coverage shall contain no limitations on the scope of protection afforded_to C.ity;_its elected_and appointed_officers,_officials,_emptoyees,_seryants, attorneys, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 13.5.2. For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its elected and 7of14 appointed, officers, officials, employees, servants, attorneys, agents, designated volunteers, and those City agents serving as independent contractors in, the.role of City officials. Any insurance or self-insurance, maintained by City, its elected and appointed officers, officials, employees, servants, attorneys, agents, designated volunteers, and thosei City°agentss.serving;as independent contractors>in'the,role of City <officials :shall be excess of Contractor's insurance and shall not contribute with it. 13.5.3. Contractor's insurance shall apply separately to ;each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 13.5:4. Each, insurance policy required by this Agreement shall be endorsed to state. that coverage shall not be suspended, ,voided, reduced or'canceled except after 30 days' prior'written notice;by certified mail, return receipt requested, has. been given to City, or 10 days' prior written notice by express overnight mail if cancellation is due to nonpayment of premiums. 13.5.5. Each insurance policy, except for the professional 'liability policy (or .errors and omissions policy), required by this Agreement shall ezpressly waivethe insurer's right of subrogation against City, and its elected and appointed officials, officers, employees, servants, agents, attorneys, designated volunteers, those City agents serving as independent contractors in the.role of City officials. 13,6. Acceptabilityof Insurers:. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIIi unless waived in writing by City's Risk Manager. 13.7. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by City. The endorsements are ,to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and. approved by City before Work commence, _As:;an alternative to City forms, Contractors insurer may provide complete, certified. copies of all required insurance policies; including endorsements affecting the coverage required by these specifications. 14:0 Indemnification, Hold Harmless, and Duty to Defend 14.1. Indemnification for Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City, its elected and appointed officials; officers, attorneys; employees; agents, servants; designated volunteers, successors, assigns, and those City agents serving as independent contractors' in the role of City officials (collectively "Indemnitees" in this Section 14.0), from and against any and all damages; costs, expenses, liabilities, claims, demands; causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including reasonable fees of accountants, attorneys and other professionals, and all costs associated therewith 8of14 (collectively "Claims"), to the.extent they arise out of, pertain to, or relate to, in; whole or in part, the negligence; recklessness or willful misconduct of Contractor, and/or its officers, directors; employees, agents, servants, subcontractors, contractors or their officers, agents, employees or servants (or;any entity or individual that Contractor shall bear the legal, liability thereof) in the performance. of professional services under this Agreement. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims, with ,counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys fees=and experts' costs actually incurred in connection with such defense. ;Contractor shall reimburse the Indemnitees for any and all legal°expenses and costs incurred by the Indemnitees in connection therewith. 14.2. Other Indemnities:, Other than in the performance of professional services (as provided in Subsection 14. 1), and'to the fullest extent permitted by law, Contractor shall, at its own cost 'and, expense'; defend,. hold harmless and indemnify the Indemnitees (as defined in Subsection 1'4:1) -from, and ,against any and all damages, claims, demands; causes of action, proceedings, judgments, injuries, liabilities, losses, liens, penalties; costs, and expenses, in law or equity, of any nature whatsoever, including but not limited to fees and costs of accountants, attorneys and other professionals,.and,all fees, costs,and,expenses associated therewith, and the payment of all consequential damages (collectively "Damages') in law or in equity,, whether actual, alleged or threatened, including but not limited: to, Damages relating to death or injury to any person and injury -,to any property; which arise out of, pertain to, or relate to the acts or omissions of Contractor or any of its officers, directors, employees, subcontractors,'materialmen, suppliers, contractors, or agents, or their officers, agents, servants or employees (or any entity, or individual that Contractor shall bearthe legal liability thereof) in the performance of this.Agreernent; .except for (i) Damages arising from the Indemnitees"sole negligence,or willful msconduct.to the limited extent that the Agreement is subject to Civil. Code Section 2782(a), and (ii) Damages arising, from the City's active negligence to the limited extent that the Agreement is subject to Civil, Code Section 2782(b), provided such sole negligence, willful misconduct, or active negligence is determined' by final arbitration or court decision of competent jurisdiction or by the agreement of the parties. Contractor' shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs -arid expenses, including,buCiriot limited to all attorneys' fees and experts' costs actually incurred in connection therewith: Contractor's duty to defend pursuant to this Subsection, 14.2 shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors,oromissions of Indemnitees. 14.3.. Contractor's defense, hold. harmless and indemnification obligations under this Section 14.0 or any other provisions of this Agreement shall not be restricted to P y — - insurance : proceeds, if any, received bContractor, the City or any of the other Indemnitees as defined in Subsection 14.1. 14A. All duties and other covenants of Contractor under this Section 14.0 shall survive°termination of this Agreement. 9 (if, 14 M0 Conflict of Interest 15.1. Contractor covenants, that it presently has no'interest and shall notacquire any interest, direct or indirect, which maybe affected by the, Work, or which would conflict in any manner with the performance of the Work. Contractor' further covenants that, in performance .of this Agreement, no person having any, such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest; which would conflict in any, manner with the ,performance of the Work. Contractor shall not accept any employment. or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as;provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection, with which Contractor has been retained. 15.2. Contractor further warrants and maintains that it has .not employed, or retained any person, or entity, other than a bona fide employee working; exclusively,.for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than` a bona fide employee working exclusively for Contractor, any fee,commission, gift, percentage, or any other consideration contingent, upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to''.terminateahis,Agreement without further liability, or to deduct from any sums payable to Contractor'hereunderthe full amount or value of anysuch fee; commission, percentage or gift. 15.3. Contractor warrants and maintains ° that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise„ in this transaction or, in°the business of Contractor; and that if any such interest comes to the knowledge: of Contractor at anytime during the term of this Agreement, Contractor shall immediately ,make a complete; written disclosure of such interest to City, even if such interest would not be rdeeme6 a prohibited "conflict. of interest" under applicable laws as',described`in this Subsection. 16.'0 Suspension City may, in writing, order Contractor to suspend all or any part of the Work for the convenience of the City or for work stoppages beyond the control of City or Contractor. A suspension of the Work does not void or terminate this Agreement. 17.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any, subcontractor, employee, or applicant for employment because of race, religion, color, nationalorigin; handicap,disability, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited ta, all activities related to initial employment, upgrading, demotion; transfer, recruitment or recruitment advertising, layoff, or termination. 10 of 14 18.0 Safety Requirements All .Work performed under this Agreement'shall be performed in such a manner asto provide.safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. City may issue restraint or cease and desist orders to Contractor, when unsafe orharmful acts are observed<or reported relative to the performance of`the work. Contractor' shall maintain the` work sites free of hazards to persons and property resulting :from its operations. contractor shallimmediately report to City any hazardous condition hoted'by Contractor: 19.0 tabor Code Compliance Certification [Labor Code Sections 1720, 1773.8, 1775,1776, 1777:5; 1813, 1860; 1861, 37001 19:1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part'7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating ;to public works and the City and agrees to be bound by all the provisions thereof as though set forth in full herein. 19.2. Contractor agrees to comply with thel provisions of California Labor Code Section 1773:8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 19.9. Contractor agrees..to comply with the provisions of California Labor Code Sections 1,771', 1774 and 1775 concerning the ipayment of prevailing rates of wages to workers and the penalties for failure. to pay prevailing wages. Contractor shall, as a penalty to. City, forfeit not more than two -hundred dollars ($200) for each calendar day, or portion^thereof; for each worker paid less than the.prevailing rates as determined by the California Director of Industrial Relations (see http-//www,dir.ca gov/0PRUDPreWaaeDetermination:htm),for the work or craft in which the worker is ernployed for any public'work done under the contract by Contractor or by any subcontractor. 19.4.Contractor agrees to comply with the provisions of California Labor Code Section 1776 which, •among otherthings„ require Contractor and each subcontractor to (1) keep accurate payroll records; (2)',b6rtifyand make such payroll records available for inspection as provided by Section 1776; and (3) inform City of the location of the records„ Contractor is responsible for compliance with Section 1776 by itself and all of 19.5. Contractor agrees to comply with the provisions of. California Labor Code -Section-i.: ,77:5-concerning-the-emptoyment of apprentices-onpublicworks-projects; and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 19.6. Contractor agrees to comptywith the provisions of California labor Code Section 1,813 concerning penalties for workers who work excess hours. Contractor shall, as a penaltyllto City, .forfeit twenty=five dollars'($25) for each worker employed in 1'1 of 14 the execution of the contract by Contractor or by any subcontractor for each calendar day -during .which such worker is required or permitted10 work more than 8,hours.'in any one calendar day and 40 hours in any one calendar week;in violation, of the provisions of. Division '2, Part 7, Chapter 1, Article 3 ofthe California Labor Code. 19:7. California Labor Code Sections 1860 and 3700: provide; ;that ;every contractor will be required to secure the;_payment of compensation to its employees.. In accordance with the provisions of California Labor Code 'Section 1861, Contractor hereby certifies asJollows: "Contractor is aware of the provisions of Section 3700 of the Labor',Code which' require every employer to tie insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of'that,code, and Contractor will comply with such provisions before commencing the performance of the work of this, contract." 20.0 Permits and Licenses Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement; all appropriate permits, licenses and certificates as may bei required in connection with the performance of the Work under this Agreement, including; without limitation,,a City of SealBeach business license as may be `required by'the Seal.Beach Municipal Code. 21.0 Time of the Essence Time is of the essence in respect to,all provisions of this Agreement'ihatlspecify a;time'for performance. 22.0 Entire Agreement This Agreement contains the entire Agreement of the Parties with respect to -the subject matter hereof, and supersedes all prior oral and written negotiations, understandings, representations, or agreements. This Agreement may only be modified bya writing signed by both Parties. 23;0 Severability The invalidity in whole or in. part of any provisions of this Agreement shall not void or -affect the validity of the other provisions of this Agreement. 24.0 Governing Law; Venue This Agreement shall be governed by and construed in accordancewith the laws of the State of California Without regard to conflict of law principles„exceptJhat,any rule of construction to the,effect that ambiguities are to be resolved against thedrafting party shall .not be applied in interpreting this Agreement. Any dispute that arises under or 12 of 14 relates to this Agreement shall be resolved in the superior court or federal court with geographic jurisdiction over the City. 25.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either Party as a result of this Agreement. 26.0 Waiver No waiver of any defaultshall constitute a waiver of any other default or breach, whether of :the same or other covenant or condition. In no event shall the making by City of.anypaymenf to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 27.0 Attorneys' Fees If a Party commences any litigation or other action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the losing Party all of its reasonable attorneys' fees and other costs incurred in connection therewith. 28.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between. the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 29:0 Corporate Authority The, persons executing this;Agreement on behalf of the Parties warrant that they are duly.authwized to execute this Agreement on behalf of said Parties and that by their execution, the Parties are formally bound to the provisions of this Agreement. (Intentionally Left Blank) 13'of 14 IN WITNESS WHEREOF, the Parties hereto, through+their respective authorized representatives have executed this Agreement as of the date and year firstabove written. CITY OF SEAL BEACH CONTRACTOR: TAYLoK TENN15 COUBT5; Inc, i ay: 4�`-- `—By: Cj- Srev�Wpfer, Dir ctor of PW _ Its: f Jr,S �cz Attes By: Approved as.to Form: 0 By: ' / 'CraigA. Steele, City Attorney 14 of 14 i® A� o CERTIFICATE OF LIABILITY INSURANCE DATE IM MIDDIYYYY) 01/08/202, THIS CERTIFICATEIS_ISSUED ASA MATTER OF; INFORMATION ;ONLYAND, CONFERS.. NO RIGHTS UPON -;THE CERTIFICATE HOLDER. THIS 'CERTIFICATE DOES NOT AFFIRMATIVELY,OR"NEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES :BELOW. THIS, CERTIFICATE OF; INSURANCE DOESNOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVEORPffODUCER; 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 suhtectto the terms and conditionsof the policy, certain policies my require an endorsement. A statement on this cehificatedoes not confar,.righi the certificateholdecinlieu of such endomement(ej: PRODUCER UUNIACTT Jennifer Hoffa -Rye NAME: QRS Insurance Solutions PHONE (619) 954-3540 Fax (888)754-3540 A,ONo Ext AIC No' E -MAUL jrye@grsinsurance.com ADDRESS: License #01-155865 INSURERIS) AFFORDING COVERAGE NAIC# 13465 Camino Canada #106-305 INSURER -A: .Colony Ins Cc EI. Cajon; ICA, 92120 INSURED INSURER B: Metropolitan Direct Property & Cas Taylor Tennis Courts Inc INSURER C: 'Benchmark Insurance Company INSURER D 31441 Santa Margarita Pkwy INSURER E INSURERPY Rancho Santa Margarita CA :92688 COVFRAGES`. CERTIFICATE. NUMBER: GLS BA',WC 2020-2021 .REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW.HAVE BEEN ISSUED TOTHE INSURED, NAMEDABOVE FORTHE POLICY PERIOD RMOR CONDITION OF WITH CONTRACTOR OTHER DOCUMENT TH RESPECTTO WHICH THIS INDICATED. NOTWTHSTANDINGANYREOUIREMENT-TEDI CERTIFICATE MAY BEISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED. BY THEPOLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAN_D CONDITIONSOF SUCH POLICIES LIMITS SHOWN MAY HAVE. BEEN REDUCED BYPAID, CLAIMS. CTR, TYPE OF INSURANCE -uL NSD ti MD POLICY NUMBER MMI0IDVIYYYY MMIDB1.W LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CIAIMS-MADE Fx] OCCUR PREMISES Eacurrence S 100.000 m MED EXP (Any —Parson) s 5,000 A Y Y 103 GL0024201-02 06/15/2020 06/1512021 PERSONAL Is ADV I NJURY s 1.000,000 GENLAGGREGATE LIMITA_PPLIES PER'. GENERALAGGREGATE s 2.000,000 PRODUCTS - COMPIOPAGG S 2.000,000 POLOY1 -6 F-1. LOC JECT $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 Ea accident BODILY INJURY (Per Pelson) S 'ANVAUTO B OWNED,X SCHEDULED AUTOS ONLY AUTOS X HIRED �/ I NON OWNED AUTOS ONLY .AUTOS ONLY' Y Y CA055233P2020 02/04/2020 02/04/2021 BODILY INJURY( Per a -dent) S PROPERTYPe ac tlenDAMAGE I S 5 ri UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE S EXCEsS LIAB CLAIMS -MADE DED -RETENTION'S s C WORKERS COMPENSATION'ER AND EMPLOYERS' LIABILITY YIN ANY CERIMEMBEREXCL DED' CUTIVE (Mar RIMEM H) EXCLUDED' (Mandatory in NH) NIA ,Y CST5018536_ 02/12/2020 02/12/2021 %� STATUTE O OR 1,000,000 1.000,000 E. L. EACH ACCIDENT s EL DISEASEEA EMPLOYEE g 1,000;000 1,000;000 E. L. DISEASE -POLICY LIMIT 5 It yes, descres under.. DESCRIPTION OF OPERATIONS thelvx DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may bre attached if more space is required) 'Certificate Holder is named as additional insured, per the attached endorsement as requirei written contract, pursuant to and subject to the policy's 'terms, definitions; Cord itions and exclusions. ' 10 day notice of cancellation for nonpayment of premium / 30 days all others e HOLDER CANCFI I""°ATION © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD'name'and logo am registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ,e/,Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. 211: Eighth Street AUTHORIZED REPRESENTATIVE Sean Beach CA ,90740. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD'name'and logo am registered marks of ACORD Policy # 103 GL 0024201-02 COMMERCIAL GENERAL LIABILITY CG1— THIS- ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART PRODUCTS/COMPLETED OPERATIONS'LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary'And Noncontributor `Insurance This insurance is primary to and will not seek con_tnbution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance, and (2) You have agreed:in writing in a contract or agreement that this insurance,"would '_be; primary and would not seek contribution; from any, other insurance 'available to —h— from additional insured. CG 20 01:04-13 © Insurance Services Office, Inc., 2012, Page 1, oft' POLICY'NUMBER.103 GL 0024201-02 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS -,SCHEDULED PERSON OR ORGANIZATION This• endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY' COVERAGE PART SCHEDULE Name Of+Additional Insured Persons) Or Organization(s) Location(s) Of Covered Operations All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured Insured Information requiredto,complete this:Schedule, if,not'shown above„will be shown in the Declarations. A. Section if — Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule„ but only with respectto liabilityfor "bodily injury',"property damage' or 'personal and advertising' injury" caused, in whole or in part, by 1. Your acts or omissions; or With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury” or .,property damage" occurring after: 1. All work, including materials, parts or 2. The,acts or omissions of those acting omyour behalf, in the, performance of your ongoing operations for the additional insured(s) at the 'location(s) designated above. However: 2' 1. The insurance afforded to such .additional insured only applies to the extent permitied'by law, and 2. If coverage'provided, to the additional insuredis 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. equipment furnished in connection with such work, on the project (other I than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or That .portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.: CG>20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. 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 contractor 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 applicable .Limits of Declarations. shall not increase the Insurance shown in the Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04.13 POLICY NUMBER: 103 GL 0024201-02 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -"CO M-0 LETED OPERATIONS This endorsement modifes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Na_meOf Additional Insured Person(s) Or Organizations) Location And Description Of Completed,Operations All persons or organizations as 'required, by written ,Commercial Projects only, including apartments, as conVact with the Named'Insured required by written contract with the Named Insured 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 awadditional insured'the person(sj or organization(s) shown in the Schedule, but only With respect, to liability for "bodily injury" or "property damage" caused inwhole or in,pa your work at the location designated and described in'the: Schedule of this endorsement performed for that additional ,insured and included imthe "products -completed operations hazard". However: 1. The insurance affordedto such additional insured only applies to the extent permitted_ by.lawi;and 2. If coverage: provided to the additional insured is. required , y 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. CG20 37 04-13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy # 103 GL 0024201-02 DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT RESTRICTED FORM This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All projects during the policy period. (If no entry appears above. information required to complete this endorsement will be shown tions as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences' Under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; and for all medical expenses caused by accidents under SECTION I—,COVERA'GE', C MEDICAL PAYMENTS; which can be attributed only to ongoing operations ata single' designated con- struction project shown'inthe Schedule above: 1. A separate ,Designated Construction ,Project General Aggregate Limit applies to each: designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General„Aggregate. Limit is the most me will pay for. the sum of all.damages:under SECTION I - COVERAGES, COVERAGE':A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except damages because of "bodily injury” or''property damage" included in the "prod ucts=completed operations hazard", and for medical expenses under SECTION COVERAGE CWEDICAL PAYMENTS regardless of the number of: a. Insureds, b. Claims made or "suits" brought, or c. Persons or organizations making claims or bringing "suits'. 3. 'Any payments made under SECTION I — COVERAGES, COVERAGE A :BODILY .INJURY AND PROPERTY DAMAGE LIABILITY for damages or under SECTION 1 - COVERAGE C MEDICAL PAYMENTS shall reduce the Designated Construction Project^General Aggregate Limit for that des- ignated construction project. Such payments shall not reduce the General Aggregat.e_ Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damages to Premises Rented to You^and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 5. The most we will pay for the sum of all Designated Construction Project General Aggregate Limits combined and to which this insurance applies is $5,000,000. B. For all sums which the insured becomes legally obligated to pay as damages caused by' occurrences" Under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE UCG2503-1013 Includes copyrighted material.of Insurance Services Office, Inc., 1996 Page 1 of 2• with ,its permission. LIABILITY, and causedbyaccidents under SECTION I— COVERAGE C MEDICAL PAYMENTS, which cannot be attributed orily to ongoing operations at a single designated construction project shown in the Schedule above' 1. Any payments made under SECTION I —COVERAGES;, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages,or under SECTION I — COVERAGE C MEDICAL .PAY MENTS'shall'reduce the -amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit; whichever is applicable, and 2. Such payments shall not reduce,any Designated Construction Project General Aggregate Limit. C. When coverage -foe liability resulting from the "products -completed operations hazard" is provided, any payments for damages because of "bodily 'injury" or $roperty damage" included in the "products- completed'operations hazard" will'reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted;,orifthe authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same;; construction project. E., The provisions of SECTION III = LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. UCG2503-1013 Includes copyrighted material,of Insurance Services Office, Inc., 1996 Page 2 of 2 with its permission. Policy 4103 GL 0024201-02 COMMERCIAL GENERAL LIABILITY CG.24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations as requested by written contract with the Named.lnsured. Information required to complete this Schedule, if not shown above, will be shown in`the,Declarations., The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions:' We waive any right of recovery 'we'may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or '.your,wori done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG24 0405 09 © Insurance Services Office, Inc., 2008 Page -1'of'1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LINK'BUSINESS AUTO PLUS ENDORSEMENT This endorsement modifies insuranceprovided under the following: BUSINESS AUTO COVERAGE FORM A. BLANKET"ADDITIONAL INSURED The following,is added to Paragraph A.1., Who Is An.lrisured„ of SECTION II — COVERED AUTOS LIABILITY COVERAGE: d. Any person or organization that you are required to include as an additional insured on this'Coverage,Form in a1•writtencontract or agreement that Is signed and ezecuted,by you .before the `"bodily injury" or "Property damage" occurs. and that is in elect during the policy period is. an. for Covered Autos Liability Coverage, but only for damages to which this insurance applies. B. EMPLOYEE'HIRED AUTOS The,following?,is added to:Paragraph A.1.,:Who Is AnSInsured; of SECTION '11- COVERED AUTOS LIABILITY' COVERAGE: e. An "employee" of yours while operating a covered ' auto" hired or rented under °a contract or agreement irf an "employee's'! name: with your permission, while performing duties related to the conduct of your business. The following replaces Paragraph b. in.B.5., Other Insurance, of'SECTION 'IV -;BUSINESS AUTOiCONDITIONS: b. For Hired,Auto Physical Damage Coverage, the following are deemed to be covered 'autos"you own; (1) An&overed "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your"employee" under•a contract in an 'employee's" name, with your permission, while performing duties related to the conduct of your business. However,;any"auto"-that is leased, hired; rented or borrowed with a driver is nota covered "auto". C. EMPLOYEES AS INSURED The:following is added to Paragraph A.1., Who Is An Insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS—INCREASED LIMITS 1. The,following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost lof bail bonds (including bonds for related traffic law .violations) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (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. E. TRAILERS— INCREASED LOAD: CAPACITY The following replaces Paragraph CA., Certain Trailers, Mobile Equipment and Temporary Substitute Autos of SECTION I — COVERED AUTOS "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED,AUTO PHYSICAL DAMAGE COVERAGE The following is added to Paragraph AA., Coverage Extensions, of SECTION 111— PHYSICAL DAMAGE COVERAGE: MPL-CA'-0416 (Ed 04-2016) Includes copyrighted material of Insurance Services Offices, Inc., Page 1 of 3 with'. permission. c. Hired Auto. Physical Damage Coverage Extension If hired, rented, and borrowed"autos" are covered "autos for Covered Autos Liability Coverage and this policy also ,provides Physical, _Damage Coverage for an owned auto",;then the. Physical Damage Coverage is extended' to "autos" that you hire, rent or borrow subject tothe following: (1) The most,we will pay for "loss" to any one "auto" that you hire, rentor borrow is the lesser of: (a)'$50,000; (b) The actual' cash value of the, damaged or stolen,property as of the time of the 'loss";; or (c) The cost; of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition: will be made in determining actual cash value in the event of a total "loss". (3) If a repairor replacement resultsiin better than like kind or quality; we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) Thls,Coverage Extension does not apply to: (a) ,Any "auto" that is .hired, rented or borrowed with a driver; or (b) Any"auto" that is hired, rented or borrowed from your "employee". G. ,PHYSICAL DAMAGE,.- TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION' III — PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day: to,a maximum of $1,500 for temporary transportation expense LINK BUSINESS AUTO PLUS -ENDORSEMENT MPL-6A-0416 incurred by you because of the total theft of a covered "auto" of the •private passenger type.. H. ,AUDIO VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASEO.LIMIT The !first sentence in paragraph. ;C.1b. of SECTION' 111 — PHYSICAL DAMAGE' COVERAGE is deleted and replaced W6, the following: b. All electronic equipment thatireproduces, receives or transmits audio,`visual or data signals in any one is,$5;000, if attfi_e time of "`loss', such electronic equipment is:, I. WAIVE ROF DEDUCTIBLE -GLASS The following,is,addecl to Paragraph 0 , Deductible, of;;SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible fora covered "auto" 'Will apply to glass damage. J. PERSONAL PROPERTY COVERAGE The following is added to Paragraph A.4., Coverage '.Extensions, of SECTION ;III - PHYSICAL DAMAGE,COVERAGE' d. Personal Property Coverage We will pay up;to$400 for "loss;';to wearing apparel and other personal property which are: (1) owned 'byan"insured -;and (2) in.or'on your covered "auto,;: in the event of a total theft ".loss"' of your covered "auto': No deductibles apply ;to Personal Property, Coverage. MPL-CA-0416 (Ed 04-2016) Includes copyrighted material of Insurance Services Offices, Inc., Page 2 of 3 with permission. K. AIRBAG COVERAGE The following.istaddedto Paragraph'B.3.,, Exclusions; pf SECTION III - PHYSICAL DAMAGElCOVERAGE: Exclusion 3.a. does not apply to "loss" to one'or more, airbags in a covered "auto" you own that inflate -,,due to o causeiothec than a cause;of-"loss set forth in _Paragraphs AA.b. and A:1.c., but only: (a) If that "auto"is a covered "_auto" for Comprehensive Coverage under this policy; (b) The airbags are not covered under any warranty; and (c) The airbags were, not intentionally inflated. We will pay`up to a<maximum of $1,000 for any one "loss'% LINK BUSINESS AUTO PLUS ENDORSEMENT MPL-CA-0416 L. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDITIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent such waiver is required of you by a written contract executed prior to any "accident" or "loss', provided that the .'accident" or "loss' arises out of the operations contemplated by such contract. The waiver applies only to the ,person or organization designated in such contract. MPL-CA-0416 (Ed 04-2016) Includes copyrighted material of Insurance' Services Offices, Inc., Page 3 o 3 with permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover ourpayments 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 contra ctthat,requires you to obtain this agreement'from us:) You must maintain payroll records accurately segregating the remuneration of your employees while engaged ih ahe work described in the Schedule. The additional premium for this endorsement shall be 2_0 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract This endorsement changes the policy to which itis attached and is effective on the date issued unless, otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the.policy.) Endorsement Effective Date: 2/12/2020 Policy No. CST5018536 Endorsement No. Policy Effective Dates: 02/1212020 - 02/12/2021 Premium S Insured: Carrier Name /Code. Benchmark Insurance Company A WC 04 03,06 (Ed. 4-84) Countersigned by Page 1 of -1