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AGMT - TrueLine Construction & Surfacing, Inc. (Pickleball Court Resurfacing) & Addendum 1
ADDENDUM NO. 1 TO PROFESSIONAL SERVICES AGREEMENT for Seal Beach Tennis Center Pickleball Court Resurfacing between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 E'1 Trueline Construction & Surfacing, Inc. 12397 Doherty Street Riverside, CA 92503 (951) 817-0777, This Addendum No. 1,,; dated June 22,:2021,,amends that certain Professional Services Agreement ('Agreement`) datedMay 10, 2021, between Trueline Construction and Surfacing; Inc..aC,oroo'ation ("Contractor") and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain, repaving and replacement services including resurfacing of pickleball courts at Seal Beach Tennis Center at said locations (collectively "the Project'). B. City and Contractor desire to amend the Agreement pursuant to this Addendum to correct the scope of work and compensation in Section 1.0 and 3.0 of the Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. ADDENDUM Section 1. Section 1.1 of.the Agreement is hereby deleted and the following provision substituted in its place: 1.1 Scope of Work 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 dated April 22, 2021); and Exhibit "B" (Truel-ine Proposal) and. extra work on quote May 18, 2021. Section 2. Section 3.0 of the Agreement is hereby deleted and the following provision substituted in its place: 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 and extra work on quote,dated May 18, 2021, but in no event will the City pay more than $11,565. 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 authorizessuch 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. Page 2 of 3 S 7296-0001 \2304254v 1. d oc Section 3. This Addendum No. 1 shall be effective on June 22, 2021. IN'WITNESS WHEREOF, the Parties hereto, through their respective authorized, representatives have executed this Addendum No. 1 as of the date and yearfirsf above written. CITY OF SEAL BEACH �' CONTRACTOR: Trueline Construction & Surfacing, Inc. By: t8a.z� Steve ;My er, Director � of PW By: u /� Name: net Bangs Attest: / /rr,ItS;, ViceiPresident Approvedlas to Folr By: nett fri aig A. Steele, City Attorney Page 3 of 3 S7296'0001M042e4a1.doc e .r - t.. e .r Trueline Construction & Surfacing, Inc. 12397 Doherty Street Riverside, CA 92503 91-817-0777, Fax 951-817-0770w ww.gotrueline.com ,Customer Billing Lite of Seal Beach 21 i' Eighth Street _ Seal Beach. CA 90740 TrueLine CUNSr0.U�T10N& SOPFA%GING Proposal/Contract Date Contract Num... 5/18/2021 6090 License No. 662625, DIR 1000006579 Project C p�rs Trueline is a member of ASBA. CPRS CASBO & USTA Trueline is an approved applicator of Plexipave, Spmimaster. wrt '� as Guardian Crack Repair System and Armor Crack Repair Svstem • Description' - - ';Qty Rate'. _ Total Resm face Stand. Alone:Pickleball Court Resur'Cace 70 A v7 F_ickleball Courgs)jhower R ask PrckleballiCourt (owner Ceprovide water'_. 4t 4;680_001 1 468000 doieontractoi at no chaige), Patch cracks and spalls., - .n W'e'cannot guarantee'agains[ the occurrence;of anv,netvspalls;or pop outs. - - ' tirtie. 1. o ll ipeard coat: System, 1000 latex acrsl is mixed lwiil x90 silica s3iid for a rviiaium speed of play, ' Snipe Play)Lmes: Sharp,ati&Accuratelto ASBA, specs' Lines to'bewhite Latex^Acrylic Imc p I ain [ unless othervvis6AiJ(I d'. Squeegee' -marks, lines or svvirlsfarealways visible in'the application process,jlbut,willfade oloerytime_ _ Resurface extra area. The dimensions of the extra area hits a transition curb in the worst possible area. There is no way to put the court in without having the curb ruts through the second court. This is an un-pIavable area due to the existing curb. The provisions set torch upon the second'and third pages hereof and any other attached pages hereto are hereby incorporated in and made a part of. this CON7RAC'r. n I have been that I have the right to Total cancel within 3 dans of signing this contract INWITNESS WHEREOF, tile parties hereto have executed this ,CONTRACT the day and ,year set forth below. $4,680.00 City of Seal Beach VENDOR: Trueline Construction & Surfac 12397 Doherty Street Riverside, CA 92503 - SHIP TO: City of Seal Beach 211 8th Street Seal Beach, CA 90740 - PURCHASE ORDER No. 00017420 BILL TO: City of Seal Beach 21 1 8th Street Seal Beach, CA 90740 VENDOR NO. VENDOR PHONE NUMBER TERMS DATE REQUIRED DELIVERY DATE TRU10 ( ) - 1 0 05/13/2021 SHIPPING INSTRUCTIONS (none) ITEM QTY I U/M .DESCRIPTIONS./TASK PRD CODE ACCOUNT UNIT PRICE AMOUNT 1 1.00 each 4 Pickleball &urts Resurfaced 001-010-40103 6.885.0000 6,885.00 Courts at SB'1C 2 1.00 each Additional Pickleball Court 001-074-44000 4.680.0000 400.00 Resurfacing at Seal Beach Tennis & Pickleball Center SUBTOTAL: 11,565.00 TAX: 0.00 SHIPPING: 0.00 TOIA L: 11,565.00 TAXABLE: No CONFIRMING: No SIGNA'T'URE SPECIAL INSTRUCTIONS: IMPOR'T'ANT: OUR ORDER NUMBER MUST- APPEAR ON EVERY INVOICE AND PACKAGE. I 'Phis order is given upon the representation and guaranty of the. manufactureror seller that no breach of any State or Federal Lawior Regulation has occurred in connection with the manufacturing, processing, branding, labelingbrrtransportation of the merchandise herein mentioned. If such breach occurs oris charged by any legally constituted Staleor-Federalauthority, the buyer shall be entitled to rescind the order and return the unused merchandise and shall also be held harmless by the manufacturer or seller against any penaltyincurred and/or the cost of defense of any proceeding designed to penalize the buyer therefor. AGREEMENT FOR SEAL BEACH TENNIS CENTER PICKLEB'ALL COURT RESURFACING between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 M Truel-ine Construction & Surfacing 12397 Doherty Street Riverside, CA 92503 951-817-0777 This Agreement for'Pickleball Court Resurfacing ("the Agreement') is made as of May 10, 2021 (the "Effective Date"), by and between Truel-ine Construction & Surfacing, Inc., a Corporation ("Contractor"), and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties'). 1 of 14 RECITALS A. City desires certain repaving and replacement services including resurfacing of pickleball courts at Seal Beach Tennis Center at said locations (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 dated April 22, 2021), and Exhibit "B" (Truel-ine 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`, 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 about two (2) months and shall commence as of 12:01 a.m. on May 10, 2021 and shall terminate at midnight on July 15; 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 $6,885. 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 compensatedfor 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 pursuantto 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. 3of14 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 p"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 r this Agreement. 6.2. Janet Bangs, Vice President, 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: TrueLine Construction & Surfacing, Inc. 12397 Doherty Street Riverside, California 92503 Attn: Janet Bangs, Vice President 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 4of14 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 Contractors 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 Contractors personnel practices or any negligent or willful act or omission of Contractorrelated 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. 5of14 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.. Contractorshall 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 readilyaccessible. 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 orfinal 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. 6of14 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 voluriteers, 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. 7of14 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 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. 1-3.6. .Acceptability of 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 endorsementsare to be received and approved by City before Woek 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. 14.0 Indemnification, Hold Harm less, ,and-Auty 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 Contractorshail 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 8of14 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 orindividual 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 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 9of14 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' Agreementwhich 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 exclusivelyfor 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, onto deduct from anysums 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 isuch interest to City, even if such interest would not be deemed a prohibited "conflict of interest' under applicable laws as described`inthis Subsection 16:0 Suspension City may, in writing, order Contractor to suspend all or any ,partof 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, 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 lathe performance of the work: Contractor shall maintain the work sites free of hazards to persons and property 10 of 14 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/OPRL/DPreWageDetermination.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 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 11 of 14 accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "Contractor is aware of the provisions of Section 37.00 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. 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 geographicJurisdiction 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. 12 of 14 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 Partycommences 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 fromJhe 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 warrantlthat 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) 13 of 14. 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 CONTRACTOR: TRUELINE CONSTRUCTION & SURFACING, Inc. By Ste e- er, Director of PW By: Att m Approved as t For By: Craig A. Steele, City Attorney Name: Janet Bangs Its: By: Name: Its: 14 of 14 Vice President x , �.� �d ("'j-1 &r� s�{ pp {,i a '? - i � 0�' '� yd'� * �'•�-i � iSdFF"ix ,s'�S.�L�-(in ��i' +(' 1 '�F °•! at` ',�, r -.. �d '�.d M.. 'f �� f k . t1K� t��`11 ;� c ,eM' ti„� "t''"4od s <”t,Ai.,F, T (N�A"'{�t' ".' Si7 jp r�.+�>. ` ".t,�;kFrx ,�rn yLx ut k "'y'•b�.-�'��}'Ra ss woMo iBir I,}^r °)I3v4 1 fh "•� " ,l a ' 3I f e j �` S Y r`j. d 4.c d '39QOampson `Ave, r . 3 i ' " ;°: -'; Seal BeachCA 9©74011 fD gop7�J. ,` + • Seal lea h lenn)s Center ..".y �� r r r +�' a �*a2 ".i -.C'� 4 FFtt '^ 1:s'.� .4 ,=Wi•.r� �` -�--. -M. � �±t G-Yd.w � 1 � (A ; x F' y� qq,s t a � t,. y ) Y y >"/.._.'ne—,._" �'s:."�a,�"- �` _. � r �.r s."'w'"pT'Ttr 3 �, .. � _ .... '-T"wa�ew�� 4�-u �• i` Please Check One: PURCHASE ORDER SUPPLEMENT This purchase order is under $1000 and does not require additional bids. This purchase order is $1000 or over, but under $5000 and requires 3 verbal bids. See bid info below. This purchase order is for a commodity available only through a sole source provider and does not require bids. This purchase is being made during an emergency from the nearest available source of supply. Explain emergency: This is a purchase of the following bid -exempt professional service: ( circle one ) architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; solid waste disposal services; This purchase is made in cooperation with the State, the County, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions, and specifications. The bids obtained for the Purchase Order were: Vendor # 1 I C V �L('c,V�, Z Vendor # 2 I pc o S ��tG� cel Vendor#3 Tg3�0r' �ehr,tiS Item (Description) Cost, Vendor #1 Cost, Vendor #2 Cost, Vendor #3 Comments Cig85 4 71800 $16,000 Vendor Chosen: Reason: Low V l a Submitted by: Pp.��C) 0 K<— Trueline Construction & Surfacing, Inc. 12397 Doherty Street Riverside, CA 92503 951-817=0777, Fax 951-817-_0770 www.gotrue I ine. coin Customer Billing City of Seal Beach 2 it Eighth Street Seal. Beach. CA 90740 Proposal/Contract. 'PrueLine COAYIAVCION & SVIIFA/ING Project Name/Location Seat Beach Tennis Centel s 3900 Lampson Avenue Pickleball Court Conversion(s) Date Contract Num... 4/22/2021 6028 I I License No. 662625. DIR 1000006579 Project C n�rs I recline is amember of .ASBA: CPRS: CASBO & USTA �`/ Truelineis an approved applicator of P.lexipeve, Sportmaster. Guardian Crack Repair System and Armor Crack Repair System 1. ... .. .. Description: - Qty - Rate - Total; Tennis to Pickleball Court Partial Convel:sion Court #9 Color and Stripe For Four (4) Pickleball on'Cennis Court 49; No Posts or Nets Included RwurfacrTell ms Coui=[(s) Posrcl Wash Tcnms Court (nwnel. to;p�oc ldc water [o cyontractor• I' �6?880-00� 6 8Ri0Q;' at no diarge) _ Patch cracks and spalls, t We cannor'guaantee against the occurlc.nce of any,new'spall's'or�;pop,outs., - }; Gnnd displaced areasomuaeks+o both sides are fairly lelelr,- 1 *Nate° Cracks m Conte a crend Asphalt will Return A crack can'be repalred;lbut rt might ' come back: Strtletmal cracks or hall line- uacks wllRalways cpnxback and most of the fime, " ;. ummediatelj z Chese can'be repaued,[emporan l}; biit well ultimateh conic back Clacks are totmed due to Ute movement ul the slab expanding and contra& ng tt there ista weal. point i m the slab itself Fven'when to correct method of repair Is.do It : the crak'eould re appear - - - the next,day'or never.-as.every,.court reacts'differenil}rin the,moycntent of -the sl tb-Itself. ApplyS'-r sterblack r&s5rfaeerc6& 100 /oiateaacrylic niisedvwidi W6 silica to- n specabot pay Sharp Viand Accuratc-to ASBA specs _ Catez•Acrvhclme paint unlessiothetwlse _specified F fines)o�sw Inlsare`aliva}s yts ble+ili the applialion procC-s,,but will fide' Is. Forest Green, Blue and Eight Blue* --- the provisions set forth upon the second and third pages heieot and any other attached pages hereto arc hereby Incorporated In and made a part of this C.ONTRAC r I hive been notified that have tire right to Tota I cancel within 3 days ot'signing this contract IN W'ITNFSS WHEREOF, REOF, the pariles hereto have executed this CON FRACT the day_and.�pK sSl l'Ith below, $6.895.00 PROSURFACE INC. PROPOSAL The Sport SurfaceSpecialists DATE: 5/112021 PO Box 80878 Rancho Santa Margarita, CA 92688 Phone: (714)348-6427 Contractors License# 756182 Customer The City of Seal Beach 211 8th Street Seal Beach, CA 90740 Attn: David Nett, Community Services Coordinator Proiect Seal Beach Tennis. Center: Tennis Court to Pickleball Court Conversion. Court #9 DESCRIPTION RATE AMOUNT Tennis to PickleballCourt Conversion $7,800.00 One (1) tennis court conversion into four (4) pickleball. courts 1) Grind off all tennis lines. Patch all cracks and grind level. 2) One coat of Acrylic Resurfacer (AR) to cover lines 3) One AR color coating with Color -Plus over the entire court surface 4) One Color Concentrate color coat over the entire court 5) Third surface, Color Concentrate, color coat over play area 6) Line all courts with measurements to USAPA standards 7) Leave work area in a clean and usable condition Prepared by: Jeff Frantz, President SUBTOTAL $7,800.00 Accepted by: Date:_ TOTAL $7,800.00 1250 N. La Lorre Cie ® ConlracYas License Anaheim, CA 928M M 373423 Tal (714 (714832-5113 h� nL CONI BCH1l Far[`(714)832-5112 UU Ip SE:4LBC(I18 VORAW TO. CiryofSeal Beach Cl OLesse DATE April 28 .2021 Busness'Adaress 1776 Adolfo Lopez Dr. Seal Beach 90740 Telepholle (562) 431-2527 x -1341 Rasidnrce Addreu David Neu dncu(a)sealbeaehca-ov Telco r F (362) 430-8763 Seal Beach Tennis Center 3900 Lampson Ave. Job Address Lot Bk Track Owners) Applicable If this oon."d i i with a lessee Res. Add. Bus. Add. CONTRACTOR AND OUMER AGREE AS FOLLOWS: 1. CONTRACTOR shall Mrdsh M lulMh sub Wed spedsalisns and Cush. ME nslafd. Mor. ealpnero, 4anspstalion MW Ohm all wok remessy for lr complete inputWan of. CONVERT GT9T04 PICKLE BALL COURTS Ws contrad We valid fortlany (3W drys from dist d 2. CONTRACT PERIOD AND RIONT-To WORK: frriwsprcUdn preaeraeaen Codremor receives r1aM to deriaiirroewok rdadn WdY (30) deya oloorwecl acespterrw. PREPARATION: Pressure: wash courts. surface and rinse with clean water. Patch cracks and spalls. Prime any exposed areas'of concrete_ Due to various. contributing conditions, we cannot guarantee the elimination of cracks. ACRYLIC'RESURFACER: Apply one: coatto cover lines. Apply by squeegee, one coat of acrylic resurfacer with 60 silica, sand as base coat and as filler over entire court. COLOR TEXTURE COATS: Apply by squeegee, one coat of Plexipave Acrylic Texture System with 90 silica sand. COLOR COAT.' Apply one coatby squeegee of Plexipave Color System, with no sand. This coat seals in the sand coats and improves the color of the court. Color of the court shall be Bruin Blue, Pacific Blue kitchen and Light Green perimeter. Color of the court shall be from STANDARD COLORS on Plexipave color chart. Tournament'colors will be additional cost. PLAY LINES: The play lines shall be sharp and accurate forpickle ball. White textured line paint shall be applied between strips of masking tape. When surfacing. is complete, 2 days must pass before playing on court to ensure proper cure. ALL OF IT 11 ABOVE WORK TO BE COMPLETED IN.A SUBSTANTIAL AND WORKMAN -LIKE MANNER FOR THE SUM OF: 16,000.00 (Sixteen thousand' dollars) DIR 1000007799 Deposirandtor pavment schedule to be set u�� upon accepptance of proposal Am, addition. alteration frpm the I speeifteatuons will becorne an extra c�xarge over �ti7e sura mentioned m thiis contra t and owner shall pery fot'same wceklv(is such additional work, alteration or de viatiorrprogresses. Not prew t�iiag wage uniess'.s7ated. * Please sn and return one copy to process your order VlNil its at movday'lortenniccourts.c'om The piovhions ed forth upon the isverse hoed and arty aanched papas hereto era hereoy kKaporolod in and trees a pot of this CONTRACT W WTTNEBB.WHEREOF, are pordes hersto have eaecnded orb CONTRACT:IM day Ord year sd 100 Mbw. OWNER CONTRACTOR Octad: Dried: A pri 121. 2021 By: By: Tata Toa "C Taylor mb Covb Inc. By: SEE REVERSE FOR GENERAL CONDITIONS 3. GUARANTEE: an v from the firm construction uses the bast reactive at against sharkage cracks such shrinkage cracks ar hours. CONTRACTOR shall not '. such este work 20W for CON-' a., For pispcx es of plus ten percent t. unless specifically indicated, agreed prim does not mdcosts rele following include coaated to following underground ocarrmcec loosely compacteo din r exmuhb nodi; reroutinga rasponsib6ty'of damage to'veras, pipes: duos, water or snrage disposal systems or wrong conduas that may be discovered in performance of work. 7. In construction of concrete courts. the pumping of concrete win bean extra charge unless so specified. S. No import or export Clock unless noted in contract 0. In the resurfacing aver pmiously coated courts. the CONTRACTOR shall not be responsible for delan inalbacaused by previous coatings or delamination or discoloration of the surfacing mused by the teaching or impurities from within Out slab or sulograds. 10. Any changes. alterations; or extras from Me drawings or specifications which may be required by any public body. utility or inspector shall cwntilute an extra and shell be pad for the same as any otter extra; 11. CONTRACTOR agrees b diligently pursue work through to completion. but shag not be responsible for delays for any of the fonowirg ress ms acts of negled or omissions of OWNER or OWNER's emp"'or OWNER's agents. stormy or ncement weather. strikes, lookouts, boycotts, or other sbprunion scovitbs. extra work ordered by OWNER, Inability to setae materials through regular recognized channels, failure of OWNER to make payments when due. 12. CONTRACTOR shall have the right to stop work and to keep the job idle it payments are not made to him when due. if to OWNER delays N making ary progresspeymem, to CONTRACTOR may stop work until the OWNER'delivms to the CONTRACTOR of the OWNER's expense, a payment band executed by a corporate surety covering the cost of the batence of the work to be pedomhad under this contract. 13. OWNER agrees to pay CONTRACTOR invoices in ac ivilence with the tams thereon.,,OWNER k~ agrees to pay tete charges of 1 12% per mora m ant amounts not paid within 30 days from date of statement, and any mlledbaexpensea and attorney lees incurred in collection of thle account on any amounts not paid within 60 days from dale of statement. 14. OWNER shall Indicate to Ms CONTRACTOR the boundaries of the property and shall assume all responsibility for accuracy of said description and boundaries. 15. Any die". claim or controvany arising out of orrelating to this Agreement or the breach; temanabon; enforcement, ion interpretatorvalkhty tereaf: including art detemenaten of the scope or appliraM'ny of thus agreer end to arbiuela. shah be determkod by final ant binding arbitration_ before a single andirala.in Orange County. Calibms, in amxzrdarim with the laws of the State of Caabnis.' The arbitration Mall be admmstasd by JAMS pursuant to is CompraMneWe Arbfheton Rubs and Procedures... Judgment on the arbdretim award may eeirdmed In any court having juriWiobn. This clause Mag not preduae parties from seeking pnMelo ul remedies In aid of aMaetlon from a court of appropriate jursdld.W. tae the and that they will share equally In Its rats. Either party ar .may estate momm mea auon co mediation by filling writeheemard for arailnafion at any time following the Initial mad4 of ding Ina wn"mrequeat for mediation. wftdnver oocrue Nat. The pmssbns of Mia Court of competent jurisdiction. T ® CERTIFICATE OF LIABILITY INSURANCE 4GOR0 osno/zozl 'THIS ICERTIFICATEISISSUED ASA MATTER OF INFORMATION ONLYAND.CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE .DOES INOT 'AFFIRMATIVELY OR NEGATIVELY AMEND; EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES '.,BELOW. THIS CERTIFICATE OF INSURANCE DOESNOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE, CERTIFICATE HOLDER.- IMPORTANT.- the holder is an ADDITIONAL INSURED,: the policy(ies) must have ADDITIONAL. INSURED provisions or be endorsed. _ _. _..v . __.. ,- - ._.. .. _. ,.. If SUBROGATION IS WAIVED subject to;the terms and conditions ofthe policy, certain policies my require an endorsement. A statement on this certificate' does not confer, rightsto the certificate holder.irl of such'endomement(s). PRODUCER CONTACT Kathy Macias -Ramirez NAME: Millennium Risk Management &-Insurance Services p,CNo Eau, (818) 844-4100 a c No): (818) 638-7920 E-MAIL kath m mcsins.com ADDRESS: y An ISU Network Member#OM93299 INSURERS) AFFORDING COVERAGE NAIC 4 550 N Brand Blvd #1100 INSURERA. Mt Hawley Insurance Co 37974' Glendale CA 91203 INSURED INSURER e: WestAmerican Insurance Company 44393 'TA1MS-MADE ❑X .00CUR IX INSURER d: RSUI Indemnity Company 22314 Trueline INSURER D: Everest National Ins Co 10120 INSURER E' 12397. Doherty Street INSURER F: Riverside CA 92503 COVERAGES !CERTIFICATEINUMBER:. 2020-2021 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 ANV REQUIREMENT, TERM OR CONDITION OF. ANY 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. I LTR TYPE OF INSURANCE INSD VAT)POLICVNUMBER OFF MMIDADDLSUUK IDVl1'YYY. RD MMIDOYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE g 1,000,000 'TA1MS-MADE ❑X .00CUR IX PREMISES Eaoccurarroe s 50,000 MED EXP (Any one person) s 5.000 $5,000 Ded - Per Occ PERSONAL&ADV INJURY S 1,000,000 A Y Y MGLO192713 07/25/2020 07/25/2021 GEN'LAGGREGATE LIMITAPPLIESPER'. GENERAL AGGREGATE S 210001ODO PRODUCTS - COMPIOPAGG S 2,000,000 F—] POLICY PRO X JECT TOO POLICY Employee Benefits) s 1,000,000 .OTHER: AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT S 1,000000 Ea a¢idenl BODILY INJURY (Per person) 5 X ANVAUTO B OWNED SCHEDULED' AUTOS ONLY AUTOS. HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY Hx V Y BAS (21) 56945605 07/25/2020 07/25/2021 BODILY INJURY (Per aeoderre $ PROPERTY DAMAGE $ Per acc0enl $ X COMP -$1K COLL-$1K X UMBRELLA UAB X OCCUR EACH OCCURRENCE g 4,000.000 AGGREGATE s 4,000.000 C EXCESS LIAB CLAIMS -MADE NHA249918 07/25/2020 07/25/2021 DED "X FETENTION 3' -0 g' D WORKERS COMPENSATIONIT ANDEMPLOYERS' LIABILItt YIN RIEXECUTIVE ANY PROPRIETOR/ EXCLUDED' in NH) Excwoe0? (Mandatory in NH) (Mandatory NIA Y 7600016618207 07/2512020 07/25/2021 X STATUTE EOR E.L. EACH ACCIDENT g 1,000,000 E. L. DISEASE EA EMPLOYEE g 1.000,000 E. L. DISEASEPOLICYLIMIT 3 1.000,000 If yes; Bescnbe under DESCRIPTION OF OPERATIONS below I TI DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES ACORD 101, Addnamea Remarks Schedule, may be adached if more spare is required) ReilPlckleball Court Resurfacing. City, of Seal Beach, its elected and appointed officers, officials` employees, servants attorneys agents, designated volunteers are included as an additional insured as respects to the insureds operations and only if required by written' contract per the attached' endorsement. Should any of the above described policies be cancelled before theexpiration date thereof, notice will, be delivered in accordance with the policy provisions. rcaTlcirsrc urm FIER CANCELLATION @ 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.- 8th Street AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 , r� (,(�J,w 44w— ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: MGLO192713 Mt. Hawley Insurance Company 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 Person(s) Or Organization(s): Location(s) Of.Coverec! Operations: All persons ororganizations where required All Locations by written contract executed prior to the commencement, of your work. Informationrequired to complete this Schedule, if'not shown above, will be shown in the Declarations. A. Section II — Who Is Am Insured is amended to in- clude as an additional insured the person(s) ororgani- zation(s) shown in,the Schedule; but only with respect to liability 'for "bodily injury"., "property damage" or "personal and advertising injury" caused, in whole or B. in part, by: 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However not be broader than that which you are ,required by the contract or agreemenCto provide:,for such additional insured. 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 equipment furnished in connection with 'such work, on the project (other than .service, maintenance or re- pairs) to be performed by oron behalf of thefaddi- tional insured(s) at the location of the covered operations has been completed',:or 1. The insurance afforded to such additional insured 2. That portion of "your work" out of which the injury only applies to the extent permitted by law; and or damage arises has been,put to its intended use by any person or organization, other -than another 2. If coverage provided to the additional insured is contractor or subcontractor, engaged in performing required by a contract or agreement, the in- operations for a principal as a part of the same surance afforded to such additional insured will project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Insured