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Taylor Tennis Courts, Inc. A2015-266 Services ree e Below you will find a checklist relating to insurance and other requirements that are required for doing business with the City of Chino Hills. Only those items checked-off are MANDATORY,however if your standard policies exceed the minimum requirements please include. Commercial general liability insurance must meet or exceed the requirements of ISO.CGL Form No.CG 00 01 11 85 or 88. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury,personal injury,and property damage for the policy coverage. Liability policies will be endorsed to name the City,its officials,and employees as "additional insured's"under said insurance coverage and to state that such insurance will be deemed"primary"such that any other insurance that may be carried by the City will be excess thereto. Workers'Compensation policies shall waive all rights of subrogation against City,its officers,officials,employees and agents for losses arising from work performed by Consultant for City. Such insurance must be on an`occurrence,"not a"claims made,"basis and will not be cancelable or subject to reduction except upon thirty(30)days prior written notice to the City. Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a Contract order or an authorization to begin work. {� Comprehensive General Liability_, including coverage for premises, products and completed operations,independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least 81.000.000 per occurrence. The City of Chino Hills is to be listed as an additionally insured party. ® Auto Liability,including owned,non-owned and hired vehicles with at least: ® 81.000.000 per occurrence. ❑ $100.000-300.000 per occurrence. O As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® Workers'Compensation Insurance:as required by State Statutes including Waiver of Subrogation. (Not needed if Self-employed with no employees and CONTRACTOR signs statement to this effect) El Business License: The SERVICE PROVIDER shall agree to have a current City of Chino Hills license on file at City Hall or purchase said license(at no cost to the City). ® Scope of Services and/or Compensation Attachments ® Total Compensation Not-to-Exceed: 815.000 lig Expiration Date: June 30.2018 PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY CONTRACT BEING SENT TO YOU(VIA FAX OR HARD COPY)BY THE CONTRACT COMPLIANCE OFFICER,THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY.AGREEMENT IS EFFECTIVE AS OF DATE LAST SIGNED BELOW. Company Name: IBy(Print name&itube): , Taylor Tennis Courts,inc. r> t viA ! -at - S. Company Mailing Address: I City,State,Zip: 31441 Santa Margarita Pkwy.,Suite A-158 I Rancho Santa Margarita,CA 92688 Phone: I E-Mail Address: • 949-858-3147 .davre�e :€et+4.�{t eW yr tvtl,5 k C X;v! Mail two copies of the original agreement along with proof of insurance to:City of Chino Hills-City Clerk,141100 City Center Drive,Chino Hills,CA 9h1709 Originator/Department Contact: Deborah Hill Date Initiated: 10/1615 Vendor's Authorized Signature: ! ®°i ArY Date signed: /Z- 3�0 ` Vendor's Authorized Signature: / Date signed: Contract Compliance Approval: ii —� , Pr,n,,;4B�U D f��n z,�n Date Approved: f Z-1/ iC Department Director/City Manager Approval: °"'), DateApproved: 0-4/,/ . //c, 1,GENERALLY. The services ( "Contract") covered by this should any claim be brought against it by suit or otherwise, services agreement must be furnished by Contractor subject to all whether the same be groundless or not, arising out of the the terms and conditions contained in this contract which Contract or their performance, Contractor will defend City (at Contractor, in accepting this contract, agrees to be bound by and City's request and with counsel satisfactory to City)and indemnify comply with in all particulars. No other terms or conditions are City for any judgment rendered against it or any sums paid out in binding upon the parties unless subsequently agreed to in writing. settlement or otherwise. For purposes of this section "City" Written acceptance of all or any portion of the Contract covered includes City's officers, elected officials, and employees. It is by this contract constitutes unqualified acceptance of all terms expressly understood and agreed that the foregoing provisions and conditions in this contract. The terms of any proposal will survive termination of this contract. The requirements as to referred to in this contract are included and made a part of the the types and limits of insurance coverage to be maintained by contract only to the extent it specified the Contract, the price, and Contractor, and any approval of such insurance by City, are not the delivery, and then only to the extent that such terms are intended to and will not in any manner limit or qualify the liabilities consistent with the terms and conditions of this contract. and obligations otherwise assumed by Contractor pursuant to this 2.CHANGES. City may make changes within the general scope contract, including, without limitation, to the provisions concerning of this contract by giving notice to Contractor and subsequently indemnification. confirming such changes in writing. If such changes affect the 8.WARRANTY. Contractor agrees that the Contract is covered by cost of or the time required for performance of this contract, an the most favorable commercial warranties the Contractor gives to equitable adjustment in the price or delivery or both must be any customer for the same or substantially similar services, or made. No change by Contractor is allowed without City's written such other more favorable warranties as is specified in this approval. Any claim by Contractor for an adjustment under this contract. Warranties will be effective notwithstanding any section must be made in writing within thirty (30) days from the inspection or acceptance of the Contract by City. date of receipt by Contractor of notification of such change unless 9.ASSIGNMENT. City may assign this contract. Except as to any City waives this condition in writing. Nothing in this section payment due under this contract, Contractor may not assign or excuses Contractor from proceeding with performance of the subcontract the contract without City's written approval. Should contract as changed. City give consent, it will not relieve Contractor from any 3. TERMINATION. This agreement will terminate on the date obligations under this contract and any transferee or noted unless extended in advance and in writing by the City subcontractor will be considered Contractor's agent. Manager or Department Director, as applicable. City or 10.INSURANCE. Contractor must provide the insurance Contractor may terminate this contract at any time, either verbally indicated on the face sheet of this Services Agreement. or in writing,with or without cause. Should termination occur, City 11.PERMITS. Contractor must procure all necessary permits and will pay Contractor as full performance until such termination the licenses, and abide by all federal, state, and local laws, for unit or pro rata contract price for the performed and accepted performing this contract. portion of the Contract, City may provide written notice of 12.INDEPENDENT CONTRACTOR. City and Contractor agree termination for Contractors default if Contractor refuses or fails to that Contractor will act as an independent contractor and will have comply with this contract. If Contractor does not cure such failure control of all work and the manner in which is it performed. within a reasonable time period, or fails to perform the Contract Contractor will be free to contract for similar service to be within the time specified (or allowed by extension), Contractor will performed for other employers while under contract with City. be liable to City for any excess costs incurred by City. Contractor is not an agent or employee of City and is not entitled 4. TIME EXTENSION. City may extend the time for completion if, to participate in any pension plan, insurance, bonus or similar in City's sole determination, Contractor was delayed because of benefits City provides for its employees. Any provision in this causes beyond Contractors control and without Contractor's fault contract that may appear to give City the right to direct Contractor or negligence. In the event delay was caused by City, as to the details of doing the work or to exercise a measure of Contractors sole remedy is limited to recovering money actually control over the work means that Contractor will follow the and necessarily expended by Contractor because of the delay; direction of the City as to end results of the work only. there is no right to recover anticipated profit. 13.WAIVER. City's review or acceptance of, or payment for,work 5.REMEDIES CUMULATIVE. City's rights and remedies under product prepared by Contractor under this contract will not be this contract are not exclusive and are in addition to any rights construed to operate as a waiver of any rights City may have and remedies provided by law. under this Agreement or of any cause of action arising from 6.PAYMENT. City will pay Contractor after receiving acceptable Contractors performance. A waiver by City of any breach of any invoices for services rendered and accepted. Drafts will not be term, covenant, or condition contained in this contract will not be honored. deemed to be a waiver of any subsequent breach of the same or 7.INDEMNIFICATION. Contractor agrees to indemnify and hold any other term, covenant, or condition contained in this contract, City harmless from and against any claim,action, damages, costs whether of the same or different character. (including, without limitation, attorney's fees), injuries, or liability, 14.INTERPRETATION. This Agreement was drafted in,and will arising out of the Contract, or their performance, regardless of be construed in accordance with the laws of the State of City's passive negligence, but excepting such loss or damage California, and exclusive venue for any action involving this which is caused by the sole active negligence or willful agreement will be in San Bernardino County. misconduct of the City. Should City be named in any suit,or Exhibit A Scope of Work Contractor (Company): Name of Company: Taylor Tennis Courts, Inc Description of Service: ® Resurface and/or repaint basketball or tennis courts as needed Any one service/incident may not exceed $5,000. A CERTIFICATE OF LIABILITY INSURANCE ( Dl2/6/20 ) 15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 QRS Insurance Solutions Mgt_ENI, (619)954-3540 I EAA/C.Ne\(888)154-3540 License #0855865 aooaEss:]rye@qrsinsurance.com 7575 University Ave INSURER(S)AFFORDING COVERAGE NAIC4 I La Mesa CA 91942 INSURER A:Colonv Ins. Co INSURED INSURERB:Corenointe Insurance Co Taylor Tennis Courts, Inc. INSURERC:EVerest National Insurance 31441 Santa Margarita Pkwy INSURER D: INSURER E: Rancho Santa CA 92688 INSURERF: COVERAGES CERTIFICATE NUMBER:GL, Auto, WC 15-16 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 CTh"P 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. MCI TYPE OF INSURANCE lAzLisiNTIPOLICY NUMBER I(MM/DDY/YEYYY) IMM/DD/EYYXYYI LIMITS X COMMERCIAL GENERAL 7LIABILITY I EACH OCCURRENCE $ 2,000,000 A J CLAIMS-MADE I X I OCCUR PREMScTED PREMISES((ERa occurrence) $ 100,000 X Y 103 GL 0010047-00 6/15/2015 6/15/2016 MED EXP(Any one person) $ 5,000 __ PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY X JECOT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 __ _ B ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS CPC-03203 2/21/2015 2/21/2016 BODILY INJURY(Per acaden[) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) I BI/PD $ UMBRELLA LIAB __1 OCCUR I EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE I AGGREGATE $ I DED I 1 RETENTIONS ( $ WORKERS COMPENSATION X LSTATUTE L__F 0TH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOISPARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? —'N/A C (Mandatory in NH) y 7600004896151 2/12/2015 2/12/2016 I E.L.DISEASE-EAEMPLOYEE1))$ 1,000,0001 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) City of Chino Hills, it's officials and employees are named as additional insured, per the attached endorsement as required by written contract. * 10 day notice of cancellation for nonpayment of premium / 30 days all others CERTIFICATE HOLDER CANCELLATION davemtaylor@cox.net SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Chino Hills THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 14000 City Center Dr ACCORDANCE WITH THE POLICY PROVISIONS. Chino Hills, CA 91709 AUTHORIZED REPRESENTATIVE ''7 � j J Hoffa-Rye/JLHR (_,-3'-7 ' A:,1 -� — ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(7(11401)