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HomeMy WebLinkAboutContracts & Agreements_30A-2022AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the relining a chemical storage fiberglass tank ("Agreement") is made and entered into this llth day of March, 2022 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Gates Fiberglass Installers, a California corporation ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows 11 ARTICLE 1— ENGAGEMENT OF CONTRACTOR City hereby engages Contractor to perform the relining of a chemical storage fiberglass tank at City's wastewater treatment plant (the "Services") The Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by reference. 1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services. ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR 2 1 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P 0 Box 3005), Redlands, California 92373 2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771 6 2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813 2 4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. 1 L:\ca\djm\Agreements\Gates Fiberglass installers Agreement.NPS-2.2.FY21-0087.doc jn 2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810 2 6 Contractor shall comply with the provisions of Labor Code section 1777 5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 2 7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U S C section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement. ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services 3.2 City designates John R. Harris, City's Municipal Utilities and Engineering Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A." The Services shall commence as of the Effective Date of this Agreement. 4.2 Contractor shall complete the Services by April 11, 2022, unless the Services are earlier terminated as permitted herein. 4.3 Contractor shall furnish a labor r and material bond in the form attached hereto as Exhibit "B," which is attached hereto and incorporated herein by reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement. ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 City shall pay Contractor the sum of thirty two thousand two hundred eight dollars ($32,208) as full compensation for completion of the Services, on a flat -fee basis, in accordance with Exhibit "C," titled "Fee Schedule," which is attached hereto and incorporated herein by reference 5.2 Contractor shall submit an invoice to City upon completion of the Services. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice 2 L:\ca\djm\Agreements\Gates Fiberglass Installers Agreement.NPS-2.2,FY21-0087.doc jn 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section. CITY City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org (909) 798-7531 CONTRACTOR Steve Gates, President Gates Fiberglass Installers 2917 Lakeview Way Fullerton, CA, 92835 gatesfrp@aol.com 714-636-8273 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self -insured or exempt from the workers' compensation laws of the State of California. Contractor shall execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles 3 L:\ca\djm\Agreements\Gates Fiberglass Installers Agreement.NPs-2.2.FY21-0087.doc.jn used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 6.2 Contractor shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A. Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 7 3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. 4 L:\ca\djm\Agreements\Gates Fiberglass Installers Agreement.NPS-2.2.FY21-0087.doe.jn ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement. 8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation. 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor 8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any 5 L:\ca\djxn\Agreements\Gates Fiberglass Installers Agreement.Nl'S-2.2.FY21-0087.doc jn amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remannmg sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS GATES FIBERGLASS INSTALLERS By ,�Q��Z��ti By Charles Duggan, Jr , City Mager ATTEST Donaldson, City Clerk Steven Gates, President 6 L \ca\djm\Agreements\Gates Fiberglass Installers Agreement.NPS 2.2.FY21 0087 doc.jn EXHIBIT "A" SCOPE OF SERVICES Provide Relining of a Fiberglass Tank at the Chemical Facility of the Wastewater Treatment Plant located at 1950 Nevada St Redlands, Ca 92374 SODIUM H"PQCHLORITE TANK TK-5' 9CHT CUT; TVU sc F11 C� C— N.HEMICAL TANK TO BE RELIT` 24 NRSM'AY i .I.1`.1 HYPOCHLORITE TANK JTK-53 :} Nrlt:NA" SODIUM HYPOCHLORITE TANKS The following is the expected scope of service Repairs shall include replacement or relining of all connections and manways Entire vessel mtenor (except the dome) shall be relmed utilizing a premium grade vmyl ester resm and Methyl Ethyl Ketone Peroxide (MEK-P) as a catalyst to be compatible with the stored chemical, 12 5 % Sodium Hypochlonte Resin used shall be a commercial grade corrosion resistant thermoset that has been evaluated m a laminate by test in accordance with ASTM C581 or that has been determined by previous documented service to be accepted for the service condition Resin shall not contain any pigment, dyes, colorants, fillers (sand/silica) or extenders, except resin past used to fill crevices before overlay Surface Mat Veil -Reinforcement used for the liner surface shall be composed of commercial - grade chemical resistant glass surface mate, organic -fiber surface mat, or carbon veils as recommended by the resin manufacture for the specified chemical service environment Flanged connections to existing plumbing should be disconnected and lock -out procedures Confined space procedures must be followed at all times and provide a confined space 7 L \ca\djm\Agreements\Gates Fiberglass Installers Agreement.NPS 2.2.FY21 0087 docpn certificate. Contractor must provide "hole watch/attendant" person capable of performing CPR. An air and gas detector that has been calibrated in the last 6 mos. will be used prior to entering the vessel and proper personal protective equipment will be worn at all times Scaffolding where required will be set-up in a safe manner and all OSHA regulations followed. All sidewalls and floor will be ground sufficiently followed by hand sanding where required. Laminate side wall and floor 4 hour post cure time will be performed at approximately 120°F Ensure no leaks from the tank upon completion of the project. 8 L:\ca\djm\Agreements\Gates Fiberglass Installers Agreement.NPS-2.2,FY21-0087.docjn Premium subject to adjustment based on final contract price EXHIBIT "B" LABOR AND MATERIAL BOND Bond No 100643064 Premium $644 00 Whereas, the City of Redlands, State of Cahforma, and Gates Fiberglass Installers (hereinafter designated as "Prmcipal") have entered mto an agreement (the "Agreement") whereby Principal agrees to Repair Services for Relining of Fiberglass Tank (the "Work"), which said agreement, dated March 11, 2022, and titled as "Agreement to Perform Non -Professional Services for Improvement to Public Builds and Grounds" is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Prmcipal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Thirty Two Thousand Two Hundred Eight Dollars ($32,208) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same m an amount not exceeding the amount heremabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, mcurred by the City m successfully enforcmg such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included m the judgment therem rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns m any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanymg the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition In witness whereof, this mstrument has been duly executed by the Principal and surety above named, on March 16,2022 (SEAL) Gates Fiberglass Installers a California Corporation (Cn (Signature) (Seal and Notarial Acknowledgment of Surety) (SEAL) American Contractors Indemnity Company (Surety) BY. (Sign re) Freddy Anvan, Attorney In Fact Address American Contractors Indemnity Company 625 The City Drive S Suite 205, Orange, CA 92868 Telephone( ) 714 740 7004 9 L \ca\djm\Agreements\Gates Fiberglass Installers Agreement.NPS 2.2.FY21 0087.doc.in CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document State of California County of On 03/1(0 /rZu)-) Orange Date personally appeared before me, Angela Kim Notary Public Here Insert Name and Title of the Officer Freddy Anvari Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct AIL ANGELA iCM rti Notary Public California ■ $ __ Orange County - c Commission 712357781 - " My Comm Expires May 15, 2025 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL Signatu otary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Bond# 1 0 0 (, le, U o Li Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Freddy Anvari ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited 111 General Li Individual l l Attorney in Fact IJ Trustee ❑ Guardian or Conservator Li Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited f_] General Li Individual ❑ Attorney in Fact ❑ Trustee Li Guardian or Conservator ❑ Other Signer Is Representing ©2014 National Notary Association www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 TOKIO MARINE HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS' That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, FREDDY ANVARI its true and lawful Attorney -in -Fact, with full authority to execute on its behalf bond number 100643064 issued in the course of its business and to bind the Company thereby, in an amount not to exceed One hundred thousand and 00/100 ( $100,000.00 ). This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of September 2011 "Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company to execute acknowledge and deliver any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." The Attorney -in -Fact named above may be an agent or a broker of the Company The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company IN WITNESS WHEREOF American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on this 1st day of June, 2018. .40 ?Gym F. Sii INCORPORATED SEIM 2S,1DDO 1.u4 n.� .M i�'��• fi},tiYr State of California County of Los Angeles AMERICAN CON T ACTOEtS INDEMNITY COMPANY la By. lA.t7,`l :10 Ad S .Pessin, President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On this 1st day of June, 2018, before me Sonia 0 Carrejo, a notary public, personally appeared Adam S Pessin, President of American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ‘ltI Io Signature (seal) SONIA O. CARREJO 1 WAIN PubU • Calllornle JN1.0Molts Calmly F Commisllon#t219119 Ay Comm. EMpirosApt 23,1021 I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand this 16th day of March 2022 Bond No 100643064 Agency No. 3796 ��*�pNsof,:Crops$ f INCORPORATED .y % SEPT. 26,1996 -C Cps :*` NW iFORN`tt'' P�• visit tmhcc.com/surety for more information Kio Lo, As Si iAnt Secretary HCCSZZPOAACIC06/2018 EXHIBIT "C" FEE SCHEDULE Item # Item Description UOM QTY UNIT PRICE LINE TOTAL REPAIR SHALL INCLUDE REPLACEMENT OR RELINING OF ALL CONNECTIONS AND MANWAYS THIS INCLUDES THE REPLACEMENT OF MANWAY GASKET TO MEET THE 1 SPECIFICATIONS OF THE TANK. GALLONS 6100 $5 28 $32,208 00 SUBTOTAL $32,208 00 TOTAL $32,208 00 10 L:\ca\djrn\Agreements\Gates Fiberglass Installers Agreement.NPS-2.2.FY21-0087.doc.jn EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) (b) CHECK ONE By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation msurance m this State By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer m a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees I/ I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- msurance in accordance with the provisions of that Code, and I will comply with such provisions before commencmg the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, m performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the mformation and representations made in this certificate are true and correct GATES FIBERGLASS INSTALLERS By Steven Gates, President 11 L \ca\djm\Agreements\Gates Fiberglass Installers Agreement.NPS 2.2.FY21 0087 doc.in Date GATEFIB-01 SHAEMI A,caR15 CERTIFICATE OF LIABILITY INSURANCE `*- ---- DATE(MMIDDIWW) 3/11 /2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER Solomon & Solomon Insurance Brokers 24461 Ridge Route Drive., Suite A230 Laguna Hills, CA 92653 CONTACT NAME: PHONE FAX (A/c, No, Ext): (949) 583-0300 (A/C, No): ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A . Kinsale Insurance Company 38920 INSURED Gates Fiberglass Installers 2917 Lakeview Way Fullerton, CA 92835 INSURER a .St Paul Travelers Ins Group INSURER C . State Compensation Ins. Fund 35076 INSURER D . INSURER E . INSURER F . COVERAGES CERTIFICATE NUMBER. REVISION 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRL TYPE OF INSURANCE Also yyyp POLICY NUMBER (MMIDDIYY EYYI')_(MOLDAiYYYL LIMITS A X COMMERCIAL GENERAL LIABILITY X 0100023699.4 10/5/2018 10/5/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGES(RENTED PREMISES (Ea occurrencel 100,000 $ X Owner's & Contractor MED EXP (Any one person) $ Excluded PERSONAL& ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X — _ X LIABILITY ANY AUTO OWNED AUTOSIONLY AURT08 ONLY X SCHEDULED AUTOS AUTOS ONLY X X BA3610M754 6/30/2019 6/30/2020 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident)_ $ (Per accidentDAMAGE $ $ A _ X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 0100057090-1 10/5/2018 10/5/2019 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED X RETENT ON $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE (land R//ry In If yes, describe DESCRIPTION LIABILITY NE) EXCLUDED? under OF OPERATIONS below Y / N N N / A 1749736-2018 10/4/2018 10/4/2019 X STATUTE ERH EL, EACH ACCIDENT 1,000,000 $ E.L. DISEASE EA EMPLOYEE $ 1,000,000 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 Redlands is hereby named as additional insured per blanket additional insured form CG20101219 and CG20371219. Auto additlonal insured with waiver of subrogation per CAT4200215. CERTIFICATE HOLDER CANCELLATION 1 es Cityof Redlands Risk Management Division P.O. Box 3005 Redlands, CA 92373 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE�/ 6i 4. �1.P�ce�//5___- u ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Attached To and Forming Part of Policy 0100023699-7 Effective Date of Endorsement 10/05/2021 12:01AM at the Named Insured address shown on the Declarations Named Insured Gates Fiberglass Installers Inc Additional Premium $o Return Premium. $o 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 Covered Operations Blanket, as required by written contract, executed prior to the start of work on the project. Locations as required and specified by written contract, executed prior to the start of work on the project. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section it — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by. 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. 1 The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured CG 20 10 12 19 B. 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 repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © Insurance Services Office, Inc., 2018 Page 1 of 2 C With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance. 1 Required by the contract or agreement; or 2. Available under the applicable limits of insurance, whichever is less. This endorsement shall not increase the applicable limits of insurance. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Attached Toand Forming Part of Policy 0100023699-7 Effective Date of Endorsement 1O/0S/2o2112:014Motthe Named Insured address shown onthe Declarations Named Insured Gates Fiberglass Installers Inc Additional Premium. $U Return Premium. $O This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name ofAdditional Insured Pemmn(x)orOrQanizmton(m) Location and Description ofCompleted Operations Blanket, osrequired bywritten contract, executed prior to the start nfwork nnthe project. Locations asrequired and specified bywritten contract, executed prior tothe start ofwork onthe project. Information required tocomplete this Schedule, ifnot shown above, will beshown inthe Declarations. A. Section 11 —Whm Is An Insured is emended to include aaan additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, |Owhole nrinpart, bv "your Yvodk" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "prod Ucto-comp|eted operations hazard" However 1 The insurance afforded to such additional insured only applies to the extent permitted bylaw; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded tosuch additional |OeV[od will not be broader than that which you are required by the contract or agreement to provide for such additional insured B. With respect to the insurance afforded to these additional |nsurede, the hd|ovvng is added to SectmnUW—LinnitmOf|neurmnce If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount ofinsurance 1 Required bythe contract oragreement; or 2. AVoi|ob|a under the applicable |i0|to of insurance, whichever ialess. This endorsement shall not increase the applicable limits 0finsurance ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED C82O37121Q (D Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only Limitations and exclusions may apply to these coverages Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights duties, and what is and is not covered A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1 , Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II B. EMPLOYEE HIRED AUTO 1 The following is added to Paragraph A.1 , Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in an "em- ployee's" name, with your permission, while CA T4 20 02 15 H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own. (1) Any covered "auto" you lease, hire, rent or borrow and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" C. EMPLOYEES AS INSURED The following is added to Paragraph A.1 , Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. O 2015 The Travelers Indemnity Company All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs D SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1 The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover We do not have to furnish these bonds 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1 of SEC- TION I — COVERED AUTOS 1 "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of• (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality Page 2 of 3 (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss" (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered"auto" (5) This Coverage Extension does not apply to (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired rented or bor- rowed from your "employee" G PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.1.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is (1) Owned by an "insured", and (2) In or on your covered "auto" This coverage only applies in the event of a total theft of your covered "auto" No deductibles apply to Personal Property cover- age. © 2015 The Travelers Indemnity Company AD rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO K. AIRBAGS The following is added to Paragraph B.3„ Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1 b. and A.1.c., but only• a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss" L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto", and CA T4 20 02 15 (2) Any. (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage, (c) Security deposits not returned by the les- sor' (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, and (e) Carry-over balances from previous loans or leases M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. © 2015 The Travelers Indemnity Company All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CITY OF REDLANDS BUSINESS TAX CERTIFICATE "For Services Provided in the City of Redlands California Only" Business Name GATES FIBERGLASS INSTALLERS, INC Business Location 2917 Lakeview Way Fullerton Ca 92835 1431 Business Owner(s) GATES FIBERGLASS INSTALLERS, INC. GATES FIBERGLASS INSTALLERS, INC 2917 LAKEVIEW WAY FULLERTON, CA 92835-1431 2022 TO BE POSTED IN A CONSPICUOUS PLACE AND NOT TRANSFERABLE OR ASSIGNABLE Business Type Contractor- Specialty Description PROVIDE FIBERGLASS COATING AND FIBERGLASS Certificate Number 08129718 Effective Date March 21 2022 Expiration Date June 30, 2022 THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A For all inquiries regarding this license contact HdL BUSINESS THAT IS OTHERWISE PROHIBITED Business Tax Support Center at (909) 479-2111 GATES FIBERGLASS INSTALLERS INC Thank you for your payment on your City of Redlands Business Tax Certificate ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST If you have questions concerning your business tax certificate, contact the Business Tax Support Center via email at Redlands@hdlgov com or by telephone at (909) 479-2111 Keep this portion for your tax certificate separate in case you need a replacement for any lost, stolen, or destroyed tax certificate A fee may be charged for a replacement or duplicate tax certificate This certificate does not entitle the holder to conduct business before complying with all requirements of Redlands Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law If you have a fixed place of business within the city limits of City of Redlands, please display the Business Tax certificate above in a conspicuous place at the premises Otherwise every Business Tax Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person, or affixed in plain view upon any cart, vehicle, van or other movable structure or device at all times if required by the Collector Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments A full notice is available in English or other languages by going to https.//www dca ca gov/publications/ BUSINESS SUPPORT CENTER 8839 N CEDAR AVE #212 pp FRESNO, CA 93720 1832 rei GATES FIBERGLASS INSTALLERS, INC 2917 LAKEVIEW WAY FULLERTON, CA 92835-1431 City of Redlands BUSINESS TAX CERTIFICATE Certificate Number 08129718 Date of Issue 03/21/2022