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HomeMy WebLinkAboutContracts & Agreements_114-2023PUBLIC WORK CONSTRICTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 20th day of June, 2023, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and CEM Construction Corporation, a California corporation (hereinafter "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: 1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: 2022 CIP Sewer Pipeline Replacement Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's 2022 CIP Sewer Pipeline Replacement Project, Project No. 521029 (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of three million three hundred fourteen thousand two hundred and sixty-eight dollars ($3,314,268) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300. 3. TIME FOR COMPLETION: The Work shall be completed within one hundred twenty (120) calendar days from and after the date of City's issuance of a Notice to Proceed to Contractor. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due to the Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the "Contract Documents"). 6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code 1 P\cmo\Agreernents\CEM Construction Corporation EY M187.doe-AE Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project. 9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. I:\cmo\Agreements\CEM Construction Corporation PY22-0187.doe - AE IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above. (SEAL) ATTEST: ne Donaldson, City Clerk CITY OF REDLANDS (SEAL) Cep corn Name of Contractor By: ignature of Authorized Agent �P,(e f; I[' e ,n Title Agent (if necessary) L//CErt I 9�f%}�5�� Title 123 sf -L,7, Contractor's License No. 3 1Acmo\Agreements\CEM Construction Corporation FX22-0187.doc - AE WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities & Engineering Department 2022 CIP SEWER PIPELINE REPLACEMENT PROJECT, Project No. 521029 Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in 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. CHECK ONE 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-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861). I affirm that at all times, in 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 information and representations made in this certificate are true and correct. Dated this -(n�Q day of 1-,A, C- — , 2023. or} (Signak"Pev e) (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) 4 1Acmo\Agreements\CEM Construction Corporation FY22-0187.doc - AE "For Services Provided in the City of Redlands, California Only" Business Name Business Location CEM CONSTRUCTION 1412 Espanol Ave Montebello, Ca 90 CEM CONSTRUCTION CEM CONSTRUCTION CORPORATION 1412 ESPANOL AVE MONTEBELLO, CA 90640-6327 BUSINESS THAT IS OTHERWISE PROHIBITED. CEM CONSTRUCTION CORPORATION 2024 TO BE POSTED IN A CONSPICUOUS PLACE AND NOT TRANSFERABLE OR ASSIGNABLE Type Contractor- General CONTRACTOR Certificate Number: 08133947 Effective Date August 01, 2023 Expiration Date June 30, 2024 For all inquiries regarding this license, contact HdL Business Tax Support Center at (909) 479-2111. 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@hdigov.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: littps://www.dea.ca.gov/publications/. BUSINESS SUPPORT CENTER 8839 N CEDAR AVE #212 FRESNO, CA 93720-1832 CEM CONSTRUCTION CORPORATION 1412 ESPANOL AVE MONTEBELLO, CA 90640-6327 City of Redlands Certificate Number. 08133947 Date of Issue: 0810112023 Foern Request for Taxpayer Give gotten to the fiiev; oido identification Number and Certification requester. Do not otorbeThavivre "T=n5� .­_­ I— - ... . . ... I send to the IRS. I 00 Ito box for federal tax olovificatIon of the Oman who wnixie is outlined on line 1. Check only the 4 boxes. 0 El inalvitelualpoleproperiewir or 0 C Corporation [I It Corporation Partnership Tausixessus *ingle-niolber LLC f:J Limited liability adealsairry rei thatax chsWicitor (G�C corporation, " mrsoman, PaParnsashji 0. tkitV Check the appropriate box in the line above for the tax shessirloagar, Of the &Q10-reambuir owner. Do not new IQ otsrIgandour your I IN in the appropriate box. The TIN provided must match the name given on line I maboki p withhelcl Far fitfividuaki, this is generally your social soctafty, number ISSI However, for a ant li sole proprietor, or disregarded entity, see the instructions for Pad 1, later, For other S, It is Yong employer identification nutinber (EIN) It you do net have a number, me How to clot Noun If 'Me am"unt is in more than and name, scathe instructions foe line 1, Aim me What Name and NUMbOrri) Give the nequembirfor guidelines on whom number to enter. Fail al" (Cedes apply only to entities. per hedstdivabs, so one an page 3yl police code (if sale Exerni loan FATCA reporting code (if any) Under papa stleas of perjury, I barely that: 1. The, number shown on this form is MY MemOt taxpayer identification number (or I am waiting for a number to be famed to may): and 2, 1 am not subject to backup withholding Monet (a) I am efaurpt mom backup withholding, or (b) I have not been notified by the Internal Revenue Service, (IRS) that I am subject to backup withimfolIng as a analK of a falters to report all Interest or dividends, or (d) the IRS has notified me that I am up longer subject to backup withholding; and 3, 1 an' a U,S. citizen or other U.S. person (defined below); and S. The FATCA codes} entered an this form (If any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must posts out Item 2 above if you have bean readmad by the IRS that you are currently Dueller to backup withholding because YOU have failed to export all interest and dividends on Your tax main. For not Wallis turrimanbel item 2 does not apply, For mortgage Interest paid, acquisition or idearmonmorty of secured properly, cancellation of debt, contributions to an individual retirement arrangement (IRA), slid gentionally, payments other than Interest and dividends, you are not required to faga rho certification, but you mum Provide Youe correct TIN,13ae the instructionsfor Part It, later, Signature of U,& person �1 .notion ramporms are to the internal newenue code unless otherwas notdol. Future developments. For the houses information about developments related to Form *9 start its instructions, such as legislation enacted afterthey were Published, go to wwaviragovIrearlbgi. Purpose of Form An individual or 6phV iromp W-9 reqU,i Who IS required to file an Information return with the IRS must obtain your correct taxpayer IderhifirefrOn number (TIN) which May be your social security number (SSN), iwaviduai taxpayer identification number OTIN), adoption taxpayer identification number (ATIN), or employer Identification number Phi), tar itmart On an Information return -he amount paid to you, or other .amount reportable oil an Information return. Exmuplm of interdiction faturns includet, but are act flaribed to, the followiM, " Farm 109941\7 (interest earned or paid) 4 Form 1099-DIV (dividends, including those train stacks or mutual Form 1099-MISC (various tYPw; of moos®, prizes, awards, targreas proceeds) # Form '1099-13 (stock or mutual fund sales ands certain other transactions by brokers) * Form 1figia-S (PeOrmedly from reed estate transactions) * Form 1099-K (morchant card and third party network transactions) * Form 1098 (home mortgage lateres!). 1098-E (student loan interest), 109a-T (tuition) • Form 1099-0 (canceled debt) • Form 1099-A (acquishmn or abasmommil of secured property) Use Form Rr­9 only if you are a U.S, Person (including a resident Ahelmh to Pastes your correct TIN. ff You do not (a turn Form W-9 to the requester Mth a r1N, you might be suIVect to aflame withholding, See What is backup Withholding, later. Cat. ri 1m231X Form W-9 Rev, 10-2.016i AC"Rbie CERTIFICATE OF LIABILITY INSURANCE 11 DATE (MMIOD/YYYY) 1 06/06/2023 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 lieu of such endorsement(s). PRODUCER CONTACT Miriam Rothey Hunter Insurance Services, Inc 8277 La Mesa Blvd PHONE FAX AIC No EXt: AIC No nouaEss: miriam@hunteronline.com INSURE S AFFORDING COVERAGE NAIC# INSURER A: Westchester Fire Insurance Company 10030 La Mesa CA 91942 INSURED INSURER B: Wesco Insurance Company 25011 GEM Construction Corp. INSURER C: Topa Insurance Company 18031 1412 Espanol Ave INSURER D: Travelers Property Casualty Company of America 25674 INSURERE: Evanston Insurance Company 35378 Montebello CA 90640 1 INSURER F : American Zurich Insurance Company 40142 COVERAGES CERTIFICATE NUMBER: REVISION NIIMi THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRI TYPE OF INSURANCE ADDL INSD SUBR MD POLICYNUMBER POLICY EFF MMIDDIYYI'Y POLICY EXP MMIDDIYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE EXIOCCUR EACH OCCURRENCE $ 1,000,000 DAMAGETOREI PREMISES Ea occurrence $ 100,000 VIED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 A Y Y G72539527002 8/30/2022 8/30/2023 AGGREGATE LIMIT APPL�IEIS PER: POLICY ❑X PE� LOC GENERAL AGGREGATE $ 2,000,000 GEN'L PRODUCTS-COMP/OP AGG $ 2, 000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT $ 1,000,000 ANYAUTX., BODILY INJURY (Per person) $ B OCINEDO ' OWNED AUTOSCHES AUTOS ONLY AUTOS Y Y WPP198765600 11/17/2022 11/17/2023 BODILY INJURY Per accueut ( ) $ HIRED AUTOS ONLY AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident)$ $ UMBRELLAUAB OCCUR EACH OCCURRENCE $ 5,000,000 C X EXCESSS/I CLAIMS -MADE Y Y XL0020432401 8/30/2022 8/30/2023 AGGREGATE $ 5,000,000 X DED RETENTION $ 0 $ WORKERS COMPENSATION ANDEMPLOYERS'LIABIL.ITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under EL.DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below D Contractor's Equipment Floater QT6604W110036TIL23 01/30/2023 01/30/2024 Scheduled Equip Deductible $ 1,065,700 $ 2,500 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Certificate holder is named additional insured, per attached endorsement. Coverage is primaryand non-contributory. Waiver of Subrogation applies. RE: City of Redlands Municipal Utilities & Engineering Department 2022 CIP SEWER PIPELINE REPLACEMENT PROJECT, Project No. 521029 City of Redlands 35 Cajo St. Suite 4 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. (D1988-2015 ACORD rinhi romn•od ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD A�RH CERTIFICATE OF LIABILITY INSURANCE DAM(MMIDDz3 Y) 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 pollcy(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 lieu of such endomement(s). PRODUCER CONNAMTACT Miriam Rothey Insurance Services, Inc FAXHunter PAHONNEo E t AIC No : 8277 La Mesa Blvd EMAIL CG ADDRESS: miriam@hunteronline.com INSURERS AFFORDING COVERAGE NAICIf INSURERA: La Mesa CA 91942 INSURED INSURER B CEM Construction Corp. INSURER C: 1412 Espanol Ave INSURER D: INSURER E : Montebello CA 90640 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INqD I mn POLICYNUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ElOCCURENT EACH OCCURRENCE $ PREMISES Eaoccunence $ MED EXP(Any one person) $ PERSONAL &ADV INJURY $ AGGREGATE LI MIT APPLI ES PER', POLICY PRO- JECT LOC GENERAL AGGREGATE $ GENL PRODUCTS - COMP/OP AGG $ $ OTHER', AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT Ea accident $ ANY Am BODILY INJURY (Per person) 8 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident ( ) $ HIRED NON-OWNEDPROPERTY AUTOS ONLY AUTOS ONLY AUTOSO DAMAGE Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ i DED I RETENTION$ $ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? NIA I PER OTH- BTATUTE ER EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ ('OFFICER/MEMBER (Mandatory in NH) f yes, desadbe under i E.L. DISEASE -POLICY LIMIT - $ DESCRIPTION OF OPERATIONS below I i 1 Commercial Umbrella EZXS3088353 08/15/2022 08/15/2023 Occurrence Aggregate $ 3,000,000 $ 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is named additional insured, per attached endorsement. Coverage is primary and non-contributory. Waiver of Subrogation applies. RE: City of Redlands Municipal Utilities & Engineering Department 2022 CIP SEWER PIPELINE REPLACEMENT PROJECT, Project No. 521029 City of Redlands 35 Cajo St. Suite 4 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. ©1988-2015 ACORD CORPORATION. All rights reserved. ACOIRU 25 (2U1ti/U3) The ACORD name and logo are registered marks of ACORD ACCOR6 CERTIFICATE OF LIABILITY INSURANCE DAM(MMIDD/Y)YY) 06/06/2023 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 lieu of such endorsement(s). PRODUCER CONTACT Miriam Roney Hunter Insurance Services, Inc 8277 La Mesa Blvd PHONE FAX Ext: me N0: EMAIL ADDRESS: miriam(ahunteronline.com INSURERS AFFORDING COVERAGE NAIC# INSURERA: La Mesa CA 91942 INSURED INSURERS: CEM Construction Corp. INSURER C: 1412 Espanol Ave INSURER D INSURER E : Montebello CA 90640 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NtIMRFR- THIS ,IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICYNUMBER POLICY EFF MMIDD/YYYY l POLICY EXP IMMIDDIYYYY)LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ RE PREMISES Ea"ounance $ MED EXP (Any one person) $ PERSONAL&ADV INJURY $ AGGREGATE LIMIT APPLIES PER: PRO- POLICY JECT LOC GENERALAGGREGATE $ GEN'L .' PRODUCTS - COMP/OP AGG $ $ OTHER AUTOMOBILELIABILIW COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY ) (Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE Per accdent $ $ I UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS DIAS CLAIMS -MADE AGGREGATE $ RED RETENTION$ $ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN IANYPROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ DFFIGER/MEMBER (Mandatory in NH) If yea describe ender E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below Builders Risk ER73905160 08/30/2022 OS/30/2023 Location Deductible $ 344,250 $ 1,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more space is required) Certificate holder is named additional insured, per attached endorsement. Coverage is primary and non-contributory. Waiver of Subrogation applies. RE: City of Redlands Municipal Utilities & Engineering Department 2022 CIP SEWER PIPELINE REPLACEMENT PROJECT, Project No. 521029 CERTIFICATE HOLDER CANOFI I ATInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Redlands ACCORDANCE WITH THE POLICY PROVISIONS. 35 Cajo St. Suite 4 AUTHORIZED REPRESENTATIVE Redlands CA 92373 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ACC>RL7P CERTIFICATE OF LIABILITY INSURANCE DAM finzo2�) 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER HUB International Insurance Services Inc. PO Box 255367 CO TA NAME: Sasha Yin ueZ PHONE FA% Alc o 916-480-4153 ac No916-313-3760 Sacramento CA 95665 ADDRIESS, sasha, in uez hubinternational.com INSURERS AFFORDING COVERAGE NAIC# INSURERA: Everest Premier Insurance Company 16045 Ucense#: 0757776 INSURED CEMCONS-01 CEM Construction Corp INSURERS: 1412 Espanol Avenue INSURERC: INSURER D: Montebello CA 90640 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 629270222 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR _ TYPE OF INSURANCE INSD ADDL W D POLICYNUMSEft ,POLICIYYFF MOUCYEWY LIMITS COMMERCIAL GENERAL LIABILITY El EACH OCCURRENCE $ DAMAGE T RE CLAIMS -MADE OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ I GEN'L AGGREGATE LIMIT APPLIES PER: i POLICY E, j cT ❑ LOG GENERAL AGGREGATE $ PRODUCTS-COMP/OPAGG $ $ OTHER'. AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident $ HIRED NOWOWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident)$ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE I AGGREGATE $ DEO F RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXEOUTIVE OFFICER/MEMBER EXCLUDED? NIA Y 7600023835221 11/21/2022 11/21/2023 X STATUTE OTI T ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 '(Mandatory in NH) f yes, describe under EL DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Policies provide for 30 Days Notice of Cancellation, except 10 Days for Non-payment of Premium. RE: 2022 CIP Sewer Pipeline Replacement Project, Project No. 521029 Waiver of SLlbrogation in favor of: The City of Redlands where required by mitten contract. Forms: WC040306 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Municipal Utilities & Engineering Department ACCORDANCE WITH THE POLICY PROVISIONS. City of Redlands 35 Cajon St., Ste. 15A AUTHORIZED REPRESENTATIVE Redlands CA 92373 n A A Cc] 199B•2015 ACORD CORPORATION All H.Iofc r... —A ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE BLANKET WAIVER OF SUBROGATION NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 11/21/2022 Policy No. 7600023838221 Endorsement No. 001 Insured: CEM Construction, Corp. Premium $ INCL. Insurance Company: Everest Premier Insurance Company Countersigned By: - 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. POLICY NUMBER: VVPPI987656 00 COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION M•' This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement, A. Newly Acquired or Formed s. An "employee" of yours is an 'insured:'• Organizations, Employee Hired Car while operating an "auto" hired or rented Liability and Blanket Additional Insured under a contract or agreement in that Status for Certain Entities. "employee's" name, with your Item 1. Who is an Insured of Paragraph A. permission, while performing duties Coverage under SECTION 11 — COVERED related to the conduct of your business. AUTOSLIABILITY COVERAGE is amended to add: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership of a majority interest (greater than 50%), will quality as a Named Insured;:.however, (1) coverage under this provision is afforded Only until the I 80'i day after you acquire or form the organization or the and of the policy period, whichever is earlier; (2) coverage does not apply to "bodily injury", "property damage" or "covered pollution cost or expense" that results from an "accident" which occurred before YOU acquired or formed the organization; and (3) coverage does not apply if there is other similar insurance available to that organization, or if similar insurance would have been available but for its termination or the exhaustion of its limits of Insurance. This insurance does not apply if coverage for the newly acquired or formed organization is excluded either by the provisions of this coverage form or by endorsement. f. Any person or organization you are required by written contract or agreement to name as an additional "insured", but only with respect to Ilability created in whole or in part by such agreement. B. Increase Of Loss Earnings Payment Subpart (4) of a. Supplementary Payments of Item 2. Coverage Extensions of Paragraph A. Coverage under SECTION 11 —COVERED AUTOS LIABILITY COVERAGE is amended to read: (4) We wi I pay reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $1,000 per day because of time off from work. C. Fellow Employee Injured By Covered Auto You Own Or Him Item 5. Fellow Employee of Paragraph B. Exclusions under SECTION 11 — COVERED AUTOS LIABILITY COVERAGE is amended to add: This exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. Such coverage as is afforded by this provision is excess over any other collectible insurance. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page I of 5 Used with permission D. Limited Automatic Towing Coverage Item 2. Towing, of Paragraph A- Coverage, under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to rears: 2. Towing We will pay for towing and labor costs each time that a covered "auto" is disabled- All labor must be performed at the place of disablement of the covered "'auto". a, The limit for towing and labor for each disablement is $500; b. No deductible applies to this cover- age, E. Item 3. Glass Breakage —Hitting: A Bird Or Animal — Falling Objects or Missiles of Paragraph A. Coverage under SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to add: Glass Repair Coverage We will waive the Comprehensive deductible for Glass, if one is indicated on your covered "auto", for glass repairs. We will repair at no cost to you, any glass that can 139 repaired without replacement, provided the "loss" arises from a covered Comprehensive "loss" to your'auto'. F. Increase Of Transportation Expense Coverage Subpart a. Transportation Expenses of Item 4. Coverage Extensions of Paragraph A. Coverage under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to read: a, Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" offthe private passenger type. We will pay only for those covered .,autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage or Theft Coverage, We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". G. "Personal Effects" Coverage Item 4. Coverage Extensions of Paragraph A. Coverage, under SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to add: "Personal Effects" Coverage We ,Mil pay actual cash value for 'loss"'to "personal effects' of the 'insured" while in a covered "auto" subject to a maximum I! mit of $2,500 per "Joss", for that covered "auto" caused by the same "accident". No deductible will apply to this coverage. H. "Downtime Loss!' Coverage Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION Ill. PHYSICAL DAMAGE COVERAGE, is amended to add: "Downtime Loss" Coverage We will pay any resulting "downtime loss" expenses you sustain as a result of a covered physical damage "loss' to a covered "auto" up to a maximum of $100 par day, for a maximum of 30 days for the same physical damage "loss", subject to the following conditions: a, We vdil provide "downtime loss' beginning on the 5"' day after we have given you our agreement to pay for repairs to a covered "auto" and you have given the repair facility your authorization to make repairs; b. Coverage for "downtime loss" expenses will end when any of the following occur: (1) You have a spare or reserve "auto' available to you to continue your operations, (2) You purchase a replacement 'auto", (3) Repairs to your covered "auto' have been completed by the repair facility and they determine the covered "auto" is road -worthy. (4) You reach the 30 day maximum coverage. CA-490187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission 1. Item A. Coverage Extensions, of Paragraph A. Coverage, under SECTION Ill, PHYSICAL DAMAGE COVERAGE, is amended to sum We will pay any resulting rental reimbursement expenses incurred by you for a rental of an "auto" because of "loss" to a covered "auto' up to a maximum of $100 per day, for a maximum of 30 days for the same physical damage 'loss", subject to the following conditions: a. We will provide rental reimbursement incurred during the policy period beginning 24 hours after the 'loss" and ending, regardless of the policy expiration, with the number of days reasonably required to repair or replace the covered "auto". If the "loss' is caused by theft, this number of days is the number of days it takes to locate the covered "auto" and return it to you or the number of days it takes for the claim to be settled, whichever comes first. b. Our payment is limited to necessary and actual expenses incurred. c. This coverage does net apply while there are spare or reserve "autos" available to you for your operations, d. if a 'loss" results from the total theft of a covered "auto' of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. J. "Personal Effects" Exclusion Paragraph S. Exclusions under SECTION Ill — PHYSICAL DAMAGE COVERAGE, is amended to add: "Personal Effects" Exclusion We will not pay for 'loss" to "personal effects' of any of the following: a. Accounts, bills, currency, deeds, evidence of debt, money, notes, securities or commercial paper or other documents of value. b- Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry; witches; precious at, semi-precious stones, c. Paintings, statuary and other works of art. d. Contraband or property in the course of fit rigal transportation or trade, 9. "Loss' caused by theft, unless there is evidence of forced entry into the covered "auto' and a police report is filed- K. Accidental Airbag Discharge Coverage Item 3-a. at Paragraph B. Exclusions under SECTION Ill — P44YSICAL DAMAGE COVERAGE is amended to read: a. Wear and tear, freezing, mechanical or electrical breakdown. The exclusion relating to mechanical break -down does not apply to the accidental discharge of an air bag. L. Loan or Lease Gap Coverage Paragraph C. Limit Of Insurance under SECTION I It — PHYSICAL DAMAGE COVERAGE is amended to add: If a covered "auto" is owned or leased and if we provide Physical Damage Coverage on it, we will pay, in the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Sedation of the policy; and b. Any: (1) Overdue less-- or loan payments including penalties, interest or other charges, resulting from overdue payments at the time of the 1oss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by the lessor; and J5) Carry-over balances from previous loans or leases CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of 5 Used with permission M. Aggregate Deductible Paragraph D. Deductible under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to adds Regardless of the number of covered "autos" involved in the same "loss", only one deductible will apply to that "loss". If the deductible amounts vary by "autos" then only the highest applicable deductible will apply to that "loss'. N. Diminishing Deductible Paragraph D. Deductible under SECTION III — PHYSICAL. DAMAGE COVERAGE is amended to add: Any deductible will be reduced by the percentage indicated below an the first "loss" reported during the corresponding policy period: L.ass Free Policy Periods Deductible Willi the Expension Reduction on the Fndaraelment first 'loss" I n% 2 25%. ..50% 4 75% 00% If we pay a Physical Camage "loss' during the policy period under any BUSINESS AUTO COVERAGE FORM you have with us, your deductible stated in the Declarations page of each such COVERAGE FORM will not be reduced on any subsequent claims during the remainder of your policy period and your deductible reduction Will revert back to 0% for each such COVERAGE FORM if coverage is renewed. O. Knowledge of Loss and Notice To Us Subsection a. of Item 2, Duties In the Event of Accident, Claim, Suitor Loss of Paragraph A. Loss Conditions under SECTION IV-- BUSINESS AUTO CONDITIONS is amended to add: (3) An "executive officer" or director, if you are a corporation; (4) A manager or member, if you are a limited liability company; (5) Your insurance manager; or (6) Your legal representative. P. Waiver Of Subrogation For Auto Liability Losses Assumed Under Insured Contract Item 5. Transfer Of Rights Of Recovery Against Others To Us of Paragraph A. Loss Conditions under SECTION IV — BUSINESS AUTO CONDITIONS is amended to read: 5.Transfer of Rights of Recovery Against Others To Us If any person or organization to or for whom we make payments under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after an 'accident' or "loss" to impair them. However, if the insured has waived those rights to recover through a written contract, we will waive any right to recovery we may have under this Coverage Form. Q. Insurance is Primary and Noncontributory Subpart a. of Item 5. Other Insurance of Paragraph B. General Conditions under SECTION IV — BUSINESS AUTO CONDITIONS is amended to read: a. This insurance is primary and noncontributory, as respects anyother insurance, if required in a written contract with you, R. Other insurance — Hired Auto Physical Damage Subpart b, of Item 5-.Other Insurance of Paragraph B. General Conditions under SECTION IV — BUSINESS AUTO CONDITIONS is amended to read: However, prompt notice of the "accident', b- For Hired Auto Physical Damage claim, "suit" or "loss" to us or our Coverage, the following are deemed authorized representative only applies to be covered "autos" you own: after the "accident-, claim, 'suit' or "loss' is (1) Any covered "auto" you lease, known to, hire, rent or borrow, and (1) You, if you are an individual; (2) A partner, if you are a partnership; CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission (2) Any covered "auto" hired or rented by your "employee" under a. contract in that individual "employee's" name, with your permission. while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph. B. General Conditions under SECTION IV — BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided that such failure to disclose all hazards is not intentional. However,, you trust report such previously undisclosed hazards to US as soon as practicable after its discovery. T. Additional Definition. SECTION V — DEFINITIONS is amended to add: "Personal effects" means personal property owned by the "insured'. "Downtime loss'means actual loss of "business income:" for the period of time that a covered "auto": 1. isout of service for repair or replacement as a result of a covered physical damage "Ioss" and 2.. Is in the custody of a repair facility if not a total "foss". "Business income" means: 9. Net Income (Net Profit or Loss before income taxes) thatwould have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headiincts and Titles are inserted solely for the convenience and ease of reference.. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed., modified, or replaced': by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 5 of 5 Used with permission Extension Schedule l Item 6. SCHEDULE OF UNDERLYING INSURANCE Type of Coverage Insurer/Policy Period Limits or Amount of Insurance General/Business Liability Westchester Fire Insurance Company Policy Term: 08/30/2022-08/30/2023 Policy Number: On File ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED ATTACHED TO AND FORMING PART OF: XL00204324-01 ISSUED TO: CEM Construction Corp EFFECTIVE: 08/30/2022 BY $1,000,000 Each Occurrence $2,000,000 General Aggregate $2,000,000 Prod & Completed Ops Aggr $1,000,000 Pars & Advertising Injury Topa Insurance Company XI-1 09/09 Page 2 of 2 Extension Schedule Item 6. SCHEDULE OF UNDERLYING INSURANCE Type of Coverage Insurer/Policy Period Limits or Amount of Insurance General/Business Liability Westchester Fire Insurance Company Policy Term: 08/30/2022-08/30/2023 Policy Number: On File ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED ATTACHED TO AND FORMING PART OF: XL00204324-01 ISSUED TO: CEM Construction Corp EFFECTIVE: 08/30/2022 $1,000,000 Each Occurrence $2,000,000 General Aggregate $2,000,000 Prod & Completed Ops Aggr $1,000,000 Pars & Advertising Injury Topa Insurance Company XI-1 09/09 Page 2 of 2