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HomeMy WebLinkAboutAGMT - Taylor Tennis Courts Inc (Windscreen Replaement at McGaugh Courts)AGREEMENT FOR WINDSCREEN REPLACEMENT AT MCGAUGH SCHOOL TENNIS COURTS between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Taylor Tennis Courts, Inc. 1250 N. La Loma Circle Anaheim, CA 92806 714-632-3883 This Agreement for Windscreen replacement ("the Agreement") is made as of April 1, 2021 (the "Effective Date"), by and between Taylor Tennis Courts, Inc. ("Contractor"), and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). 1 of 15 RECITALS A. City desires windscreen replacement services around the fence of the McGaugh Tennis Courts. (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 October 19, 2020 to October 28, 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. 2of15 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 by the 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 three (3) months, and shall commence as of 12:01 a.m. on April 1, 2021 and shall terminate at 11:59 p.m. on June 30, 2021, unless previously terminated as provided by this Agreement. 3.0 Contractor's Compensation For performing 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 "B" for Services, but in no event will the City pay more than $8,595. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the 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. Any additional work authorized by the City pursuant to this Section will be compensated in accordance with the billing rates set forth in Exhibit B. 4.0 Method of Payment Contractor shall submit to City monthly invoices for all Work rendered pursuant to 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 rendered during 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's invoice. 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. 3of15 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 of renewal or replacement of any insurance policy required by this Agreement at least 30 days before the expiration date of the previous policy(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 notice on the date actual notice occurred, regardless of the method of service. 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 4of15 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 City provides 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 by law, 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 any nature 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 offset against the amount of any fees due to Contractor under this Agreement any 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. 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 any and all subcontractors. 5of15 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 without such 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 readily accessible. At all 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 for at 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). Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6of15 than: 13.3. Minimum Limits of Insurance. Contractor shall maintain limits no less General Liability: $1,000,000 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 property damage. Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and Workers' Compensation Insurance in the amount required by law. 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 activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to 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 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 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 those City agents 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. 7of15 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 expressly waive the 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than &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, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 8of15 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 (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 14.1) 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 bear the legal liability thereof) in the performance of this Agreement, except for (i) Damages arising from the Indemnitees' sole negligence or willful misconduct 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 and expenses, including but not limited to all attorneys' fees and experts' costs actually incurred in connection therewith. Contractor's duty to defend pursuant to this 9 of 15 Subsection 14.2 shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions 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 insurance proceeds, if any, received by Contractor, the City or any of the other Indemnitees as defined in Subsection 14.1. 14.4. All duties and other covenants of Contractor under this Section 14.0 shall survive termination of this Agreement. 15.0 Conflict of Interest 15.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be 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 terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such 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 any time 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 deemed 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. 10 of 15 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, national origin, handicap, disability, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 18.0 Safety Requirements All Work performed under this Agreement shall be performed in such a manner as to 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 or harmful 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 shall immediately report to City any hazardous condition noted by Contractor. 19.0 Labor Code Compliance Certification [Labor Code Sections 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] 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 the 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. 19.3. Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment 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/0PRUDPreWageDetermination.htm) for the work or craft in which the worker is employed 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 other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the 11 of 15 records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 19.5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works 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 comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to 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 of the 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 as follows: "Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be 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 be required in connection with the performance of the Work under this Agreement, including, without limitation, a City of Seal Beach 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 that specify 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 by a writing signed by both Parties. 12 of 15 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 accordance with the laws of the State of California without regard to conflict of law principles, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or 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 default shall 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 any payment 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 13 of 15 The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized 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) 14 of 15 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: - --- - ev/V90r, Director PW Atter By: Approved as to Form: By: Craig A. Steele, City Attorney CONTRACTOR: Taylor Tennis Courts, INC. By: Name,-- ''1 >,k7 � --- Its:'-7- xa-2!�- 'L------ By: ----- Name: Its: 15 of 15 AC40R o® CERTIFICATE OF LIABILITY INSURANCE DATE (Ma 02/11 /2021 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLYAND 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jennifer Hoffa -Rye NAME: QRS Insurance Solutions H NE Ext : (619) 954-3540 aC No : (888) 754-3540 License #OH55865 E-MAIL jtye@grsinsurance.com ADDRESS: 13465 Camino Canada #106-305 INSURER(S) AFFORDING COVERAGE NAIC 0 EI Cajon CA 92120 INSURERA: Colony Ins. Co 39993 INSURED INSURER B: Infinity Auto Ins Co 11738 Taylor Tennis Courts, Inc. INSURER C : Benchmark Insurance Company 41394 31441 Santa Margarita Pkwy INSURER D: INSURER E: Rancho Santa Margarita CA 92666 INSURER F: COVERAGES CERTIFICATE NUMBER: GL 20-21,BA,WC 21-22 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. TR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD EFF MM/D POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMSMADEOCCUR PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONALBADV INJURY $ 1,000,000 A Y 103 GL 0024201-02 06/15/2020 06/15/2021 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO F—]2,000,000 JECT LOC PRODUCTS - COMP/OP AGG $ $ OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ ANYAUTO B OWNED SCHEDULED AUTOS ONLY X AUTOS Y 504-61008-9570-001 02/11/2021 02/11/2022 BODILY INJURY (Per accident) $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LWB CLAIMS -MADE DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA CST5021083 02/12/2021 02/12/2022 X SPER TATUTE EORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is named as additional insured, per the attached endorsement as required by written contract, pursuant to and subject to the policy's terms, definitions, conditions and exclusions. ' 10 day notice of cancellation for nonpayment of premium / 30 days all others CERTIFICATE Hnl nr-R PAWPCI I AT1nu ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of 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 are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA WC 04 03 06 (Ed. 04-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.00% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 02/12/2021 Policy Effective Dates: 02/12/2021 - 02/12/2022 Policy No.: CST5021083 Endorsement No. Insured: Taylor Tennis Courts, Inc. Carrier Name/ Code: Benchmark Insurance Company WC 04 03 06 Countersigned by (Ed. 04-84) 0 Copyright 1984 National Council on Compensation Insurance, Inc. Page 1 of 1