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HomeMy WebLinkAboutContracts & Agreements_36-2013AGREEMENT FOR VALVE INSTALLATIONS This agreement to remove and install a 24" and 36" valve ("Valve Replacement") ("Agreement") is made and entered into this 27lh day of February, 2013 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Merlin Johnson Construction, Inc. ("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: ARTICLE 1 - ENGAGEMENT OF CONTRACTOR 1.1 City hereby retains Contractor to remove and install a 24" and 36" valve (the "Services") at the City's Hinckley water treatment plant located at 1604 Crafton Avenue, in the City of Redlands. 1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required for the work to be performed in connection with the performance of the well testing work, and shall not be debarred pursuant to Labor Code sections 1777.1 and 1777.7. ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR 2.1 The specific Services which Contractor shall perform are more particularly described in Exhibit "A," which is attached hereto and incorporated herein by this reference. 2.2 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 Project are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373. 2.3 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. 2.4 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 lAca\djm\AgreemeatAMerlin Johnson Contraction Valve Replacement Agreement.doc to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813. 2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. 2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810. 2.7 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. 2.8 Contractor shall guarantee the Services against defective materials or workmanship for a period of (1) year from the date of completion date, except where longer warranty periods for such materials are specifically stated. All work which has been rejected, shall be remedied, removed or replaced, by Contractor, at its own expense. Any omission or failure on the part of City to discover, or notify Contractor of, defective work or material at the time of construction shall not be deemed acceptance of such work or materials by City, and Contractor shall correct such defective work or materials prior as a condition of City's acceptance of the Services. During the (1) one year warranty period, should Contractor fail to remedy defective material and/or workmanship within five (5) business days after written notice by City, City may remedy the same, and the cost therefor shall be chargeable to, and payable by, Contractor. Nothing in this section 2.8 shall be construed to limit the right of City to immediately correct conditions which may adversely affect the public health, safety or welfare. Should such unsafe conditions later be found to be caused by Contractor's defective material or workmanship, Contractor shall reimburse the City for the costs reasonably incurred by City in correcting such conditions. ARTICLE 3 - PERIOD OF SERVICE 3.1 Contractor shall commence the Services upon City's delivery to Contractor of a written "Notice to Proceed." 3.2 Contractor shall complete the Services within ten (10) calendar days from and after the date of City's issuance to Contractor of the Notice to Proceed. ARTICLE 4 - PAYMENT AND NOTICE 4.1 City shall pay Contractor the sum of Five Thousand Eight Hundred Dollars ($5,800.00) as complete compensation for the Services. 4.2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt and approval of Contractor's invoice, by warrant payable to Contractor. 4.3 All notices shall be made in writing and shall be given by personal delivery or by mail. Notices sent by mail shall be addressed as follows: 11ca\djm\Agreements\Merlin Johnson Contraction Valve Replacement Agreement.doc City: Chris Diggs Municipal Utilities and Engineering Department City of Redlands P.O. Box 3005 Redlands, CA 92373 Contractor: Merlin Johnson Merlin Johnson Construction, Inc. Post Office Box 777 Mentone, CA 92359 When so addressed, such notices shall be deemed given upon deposit in the United States mail; in all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices are to be given by giving notice pursuant to this section 4.3. ARTICLE 5 - INSURANCE AND INDEMNIFICATION 5.1 All insurance required by this Agreement shall be maintained by Contractor throughout Contractor's performance of the Services, and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. 5.2 Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the performance of the Services pursuant to Labor Code sections 3700 and 1860, in an amount which meets statutory requirements, with an insurance carrier acceptable to City. The insurance policy shall include a provision prohibiting the policy's modification of coverage limits or cancellation except upon thirty (30) days prior written notice to City. Contractor shall execute and deliver to City a Worker's Compensation Insurance Certification in the form attached hereto as Exhibit "B" prior to commencement of the Services. 5.3 Contractor shall indemnify, hold harmless and defend City and its elected officials, employees and agents from and against any and all claims, losses and liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent or intentionally wrongful act or omission of Contractor, and its officers, employees and agents, in performing the Services. 5.4 Contractor is expressly prohibited from assigning any of the work associated with the Services without the prior written consent of City. In the event of agreement by the Parties to assign a portion of the Services, Contractor shall add the assignee as an additional insured to its insurance policies and provide City with the insurance endorsements prior to any work being performed by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided for in this Agreement. 5.5 Contractor shall secure and maintain in force throughout its performance of the Services comprehensive general liability insurance, with carriers acceptable to City, with minimum coverage 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. I:\ea\djm\Agreements\Merlin Johnson Contraction Valve Replacement Agreement.doe City shall be named as an additional insured and the insurance policy shall include a provision prohibiting modification of coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to City. A certificate of insurance and endorsements shall be delivered to City prior to commencement of the Services. 5.6 Contractor shall secure and maintain in force throughout its performance of the Services business automobile liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used for the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting modification of coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to City. A certificate of insurance and endorsements shall be delivered to City prior to commencement of the Services. 5.7 The failure of Contractor 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. Contractor shall pay to City, or have withheld from monies due it, the sum of $500 for each consecutive calendar day in excess of the specified time for completion of the Services. Execution of this Agreement shall constitute agreement by City and Contractor that $500 per day is the estimated damage to City caused by the failure of Contractor to complete the Services within the allowed time. Such sum represents liquidated damages and shalt not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. ARTICLE 6 - GENERAL CONSIDERATIONS 6.1 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 recover its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. 6.2 All documents, records, drawings, electronic data files and data bases, photographic prints and negatives, designs and specifications, cost estimates, and other documents developed by Contractor for the Services shall become the property of City and shall be delivered to City upon completion of the Services, or earlier termination of this Agreement. 6.3 Contractor is, for all purposes under this Agreement, an independent contractor with respect to the performance of the Services and not an employee of City. All personnel employed by Contractor to perform the Services are for its account only, and in no event shall Contractor or any 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. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. I:\ca\djm\Agmements\Medin Johnson Contraction Valve Replacement Agreement.doc 6A Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Project by City. 6.5 City may terminate this Agreement for any reason, at any time at its sole discretion, upon two (2) business days prior written notice to Contractor. 6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work associated with the Services and (2) deliver or otherwise make available to City, copies of any 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 any work completed up until notice of termination. 6.7 This Agreement, including the exhibits incorporated by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein and any prior negotiations, proposals and agreements relating to the subject matter hereof are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by City and Contractor. 6.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IAca\djm\Agreements\Merlin Johnson Contraction Valve Replacement Agreement.doc IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this Agreement. CITY OF REDLANDS Tina Kundig, Finance Director ATTEST Sam Irwin, CYy CArk MERLIN JOHNSON CONSTRUCTION, IN . erlin John o resident lAcaldjm\Agreements\Merlin Johnson Contruction Vale Replacement Agreement.doc 6 EXHIBIT "A" Scope of Services Scope of services includes: • Remove (1) existing 36" butterfly valve and (1) existing 24" butterfly valve on the Hinckley Water Treatment Plant influent pipeline. • Install (1) new 36" butterfly valve and (1) new 24" butterfly valve and all accessories necessary to complete the work. • City of Redlands shall furnish the 24" and 36" butterfly valves and accessories to the site, including all bolts, nuts, gaskets and valve can material to the site. • Furnish and install 100% crushed aggregate base baekfill around new valves, haul off all excess spoils. • Install (2) 2' x 2' x 4" concrete pad around valve cans. IAca\djm\Agreements\Merlin Johnson Conlruction Valve Replacement Agreement.doe A" 1 EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION Project: Remove and install a 24" and 36" valve in the City of Redlands 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 in one or more insurer 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. 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-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code §1861). Inc. cr/in D /'Jf j�✓ef��'�-,� I:\ca\djm\AgreementsWerlin Johnson Contmetion Valve Replacement Agreement.doe Date: / c 7� (' // Contractor's License No. M. MERLIN JOHNSON CONSTRUCTION, INC. P.O. BOX 777 MENTONE, CALIFORNIA 92369 PHONE (909) 794-7702 FAX (909) 794-3653 LICENSE NO.467306 PROPOSAL CONTRACT Date 6-Feb-13 TO City of Redlands Phone 798-7585 Bassam Alzammar Cell 528-1408 35 Cajon Street FAX 798-7670 Redlands, CA 92373 PROJECT: 36" and 24" valve replacement. Tank yard at the North end of Crafton Ave in Mentone. Merlin Johnson Construction, Inc. proposes to furnish all materials and perform all labor necessary to complete the following: Valves Remove (1) existing 36" butterfly valve and (1) existing 24" butterfly valve. Install (1) New 36" butterfly valve and (1) New 24" butterfly valve. City of Redlands is to furnish both valves and all accessories that are needed to install valves per City of Redlands Standards, including all bolts, nuts, gaskets and valve can material. City of Redlands is to have all material delivered to the job site at a timely manner and not delay any progress. 'There will be an additional charge for any delays." Merlin .Johnson Construction will furnish 100% CAB backfili around new valves, haul off all excess spoil and (2) 2' x 2' x 4" concrete pad around valve cans. 1 L.S $5,800.00 All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum of Five thousand Eight hundred and No1100 Dollars Payments to be made Monthly as the work progresses to the value of 90 % of all work completed. The entire amount to be paid within 20 days after completion of the above work. Page 1 $5,800.00 $5,800.00 Estimate Tryco General Engineering PO Box 391 Rimforest CA 92378 Name/Address City of Redlands 35 Cajon St. Ste 15A Redlands CA 92373 Date Estimate No. Project 02/05/13 82 24 and 30 inch Valve Replacement Item Description Quantity Cost Total 02 Site Work Furnish and install equipment labor to diq up, shore, cut 1 16,787.00 16,787.00 out and replace 24" and 30" valves. Dirt to be hauled off site. Haul in Class 2 base, backfill and compact. Supply butt straps for tie in. Furnish and install 2'x2' concrete lid valve covers. "24" and 30" valves, valve can lids/boxes, and bolts and gasket sets to be supplied by City of Redlands. Contact us at 909.337.3336 with any questions! Total $16,787.00 [1-IM-il 17T Construction Complang January 16, 2013 City of Redlands 35 Cajon Street Redlands, CA 92373 Reference: Optimization of Horace P. Hinckley WTP Subject: Change Order Request No. 11REV1— Replace Existing 36" and 24" Butterfly Valves Attn: Gregory Brooks Greg, Attached for your review and approval is the cost proposal for labor, equipment and materials to replace the existing 36" and 24" butterfly valves located on the plant influent line. The 36" and 24" butterfly valves are to be furnished by the City of Redlands. The total cost for this work is $27,831.00. If you have any questions or need more information, please do not hesitate to contact me. Thank you, ,12 Jeff Brooks Sr. Project Manager Doty Bros. Construction Company 1123firestone B J; oiii�al k, CA 9065U lone ( ) - ax ) www. oty ros.com :: CA c. IT27M4 City of Redlands optimization of Horace P. Hinckley WTP City of Redlands Project No. 71204 DBCC #7200-12002 Date: 16-Jan-13 CDR #: 11 REV1 Description: Replace Ex. RW Butterfly Valves Change Order (Lump Sum and/or Time & Materials) Work Direct Direct Labor Direct Materials Equipment Totals Lump Wl Sum Work by'5'" Prime Contractor $ 10,139.60 $ 9,353.30 $ 4,062.32 ,; m �,T&M" (2)' Work by'`�='° Prime Contractor n. (3) Subtotal - Direct Work a i (Prime Contractor) $ 10139 60 $ 9,353.30 $ 4,06232 . All Lump Sum Work by (4): SUBCONTRACTORS ._ d- 'ter":• (any tier) y..vd:-„a.' r.:. . All "T&M" Work by (5): SUBCONTRACTORS (any tier) Subtotal- Direct Work I61. fall SUBCONTRACTORS) $ - $ - $ - $ .__.-.:_-.,.-,s=�=.--•-"�`-- - '`-' Add each of the three columns (3)+(6)=(7): Total -Direct Costs $ 10,139.60 $ 9,353.30 $ 4,062.32 across and enter 23,555.22 to the right $ (20%of direct (15%of direct mate (15%of direct - (81 labor) equip) Markup 609.35 $ 2 027 92 $ 1402 99 $ $ 4040.26 Prime Contractor Markup for - 1o%/S%of line (6) (9)� direct sub Work _ $ SUBCONTRACTORS e�=e-"��_ '-5- -'4s "�'. _.s=F'-F "i. �"TW-z M-`'-..� 3"- - _.e-=-���ct.� • c�; 1%of line (7) all (l0): Bonds &Insurance direct work $ 235.55 -"Zt2sr Additional Amount (if any) Illl; permitted by Contract Y GRAND TOTAL Add sums of lines (7), (12): (8), (9), (10) and (111 $ 27,531 Dotv Bros. Construction City of Redlands optimization of Horace P. Hinckley WTP City of Redlands Project No. 71204 DBCC #7200-12002 Labor Date: 16Jan-13 CDR#: 11REV1 Description: Replace Ex. RW Butterfly Valves Item 1 Work Description Excavate existing 36"/30"/24" RW pipeline at BFV location. Cut pipe and remove existing butterfly valves. Oly. 1 Craft Foremen Hours 12 Rate $77.17 Cost $926 1 operator 12 $75.55 $907 z Laborer zit $57.94 $1,391 $0 item a Work Descriptlor Install two new butterfly valves. Craft 1 Foreman 1 Operator 2 Laborers Hours Rate Cost 8 $77.17 9 $75.55 16 $57.94 Item 3 Work Description Fit butt strap, complete welding on existing 30" RW. Patch lining and coating at two locations I Craft Foreman Hours 9 Rete $77.17 Cost $617 ri Laborer 16 $57.94 $927 $o Item 4 Work Description Backfill excavation and install valve cans Craft Hours Rate $77.17 Cos[ $926 =IFomman aborer 24 $57.94 $1,391 E12 perator 12 $75.55 $907 Subtotal - Labor Zo7 u, i 46 Materials Item 1 City. Unit Material Unit Price Co1840 Work Descrlplion 12 Loads Disposal Trucking $70.00 Excavate existing 36"/30"/24" RW 12 Loads Dump Fees $80.00 pipeline at BFV location. Cut pipe andremove existing butterfly valves. item L Work Description Install two new butterfly valves Unit Furnished by City of Redlands Unit Price I Cost m 3 mplete welding on ItwattwolocationsFFE— . Patch lining and coating City. Unit Material Unit Price Cosl $0 $o $o Item 3 Work Description Backfill excavation and install valve cans City. 208 Unit tons Material Fill Material Unit Price $9.40 Cost $1,9$5 $o $0 Subtotal ae,ee� Tax @ 8% $693 Subtotal - Material $9,353 Subcontractors Item 1 —11 Work Descdplion Qty. Craft Hours Rete Cost Excavate existing 36"/30"/24" RW pipeline at BFV location. Cut pipe and remove existing butterfly $D valves. $9 Item 2 Work Description QlY• Crag Hours Rate Cost J0$$0 Install two new butterfly valves Item 3 Work Descdplion cry, Craft Hours Rate Cosl $0.00 Fit butt strap, complete welding on existing 30" RW. $0 Patch lining and coating at two locations $o Item 4 Work Description Backfill excavation and install valve cans Fnuinment & Miscellaneous Craft Hours I Rate Cast Subtotal - Subcontractor $0 Item 1 Work Description Excavate existing 36"/30"/24" RW pipeline at BFV location. Cut pipe and remove existing butterfly valves. City. 1 Descrlption Work Truck Hours 12 Rate $16.36 .Cost $197 1 Backhoe 1z $4a.0o $51s 1 Bobtail Truck 12 $24.63 $296 1 Welder 4 $120.OD $480 Item 2 Item 3 ly. escnp6on ours ate Cesl or Descdplion 1 Work Truck 8 $16.38 $131 strap, complete welding on existing 30" RW. 1 welder 8 $120.00 $960$oh rFItutt lining and coating at two locations D Item a o c escdphan Backfill excavation and install valve cans Hours I Kate Subtotal - Equip. & Misc. $4,062 DOTY BROS EQUIPMENT COMPANY MATERIAL LIST JOB: HORACE HINCKLEY WTP DATE: 1/16/13 AREA: COB 11- REPLACE EXISTING INFLUENT BFV'S noir[ I GYT QTY DESCRIPTION °" "" -' 1 24" 1 36" 2 24" 2 2 2 1 2 150B BUTTERFLY VALVE - BY OTHERS 150B BUTTERFLY VALVE - BY OTHERS BFV 316SS NUT & BOLT KIT 36" BFV 316SS NUT & BOLT KIT 24" 150LB RING GASKET NON ASB 36" 150LB RING GASKET NON ASB 30" BUTTSTRAP VALVE BOX ASSEMBLY EA EA EA $ EA $ EA $ EA $ EA $ EA $ $ $ 552.30 $ 1,271.27 $ 32.35 $ 820.00 $ 820.00 $ 84.00 $ - 1,104.60 2,542.54 42 04.70 820.00 820.00 168.00 TOTAL $ 4,905.26 MERWOHN7 Client#: U93159 DATE ACORM CERTIFICATE OF LIABILITY INSURANCE 212712013 1YYYY) PaopucEa Hub International 470 E. Highland Ave. Redlands, CA 92373 909793-2373 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Merlin Johnson Construction, Inc. PO Box 777 Mentone, CA 92359 INSURERA: National Union Fire Ins Co Pitt 19445 INSURERe', RSUI Indemnity Company 22314 INSURERC: Mercury Casualty Company 11908 INSURER D: INSURER COVERAGES .,,,, ,,,,,,,..Ten nirvnnrrrucraunlur THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FUR 111 1V111T rcnvu,,..,,...,, w.--.••••••-....._..._ ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR Real TYPE OF INSURANCE POLICY NUMBER POLICY EFFECIWE DATE MMRI 04101/2012 POLICY EXPIRATION DATE MMB 04/01/2013 LIMBS EACH$1 000 000 OCCURRENCEGE A GENERAL LIABILITY GL11190941 TO RENTED DAMFRO RENTED nT $1D0000 TXCOMMERCIAL GENERAL LIABILITY CLAIMS MADE N COCUR MED EXP Any One person) $5 0D0 PERSONAL & ADV INJURY $1000000 GENERAL AGGREGATE $2 000 000 PRODUCTS-COMPIOPAGG $2000000 X GEN'LAGGREGATELIMITAPPLIESPER: POLICY X PRO_ LOG OCT C AUTOMOBILE LABILITY CCA0009728 04/01/2012 04/01/2013 COMBINED SINGLE LIMIT $1,()0(),000 (Ea accident) X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIREDAOTOS BODILY INJURY $ (Per ecddeno X NON -OWNED AUTOS PROPERTY DAMAGE $ (Per eccMenl) GARAGE UABILnY ANY AUTO AUTO ONLY- EAACCIDENT $ EA ACC $ OTHERTLAN AUTO ONLY: AGO $ B EXCESSIUMBRELLALABILITY X1 OCCUR CLAIMS MADE NHA230158 04/01/2012 041OV2013 EACH OCCURRENCE $1000000 AGGREGATE $1 000 000 $ $ DEDUCTIBLE RETENTION_ $ WC STATU- Qrli- WORKERSCOMPENSATIONAND E.L. EACHACC[DENT $ EMPI-G ERSLMBILIrY v/u ANY PROPRIETORIPARTNERIEXECUTNE (FT^CEfU YFTnN46AREXCLUDED9 u fyea, tleacdbeender GPECIAL PROVISIONS b.Im L.L DIGEASE-EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Operations of the Named Insured as Covered by these Policies. Certificate holder is an additional insured per attached blanket form 61714 on General Liability. This Certificate replaces previous dated 0410212012. City of Redlands Public Works Department PO Box 3005 Redlands, CA 92373 LD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _3(1 DAYS WRITTEN HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR a 1oAR.9nnR Ar.ORD CORPORATION. All rights reserved. AWKU to LLIIVJI-p-I OTA ,.,...--- FL42 The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2UUU/1J1) L OT Z fFJu o<oaan•,c,.•«•.+ ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2012 forms a part of policy No. GL11190941 issuedto MERLIN JOHNSON CONSTRUCTION, INC. MERLIN JOHNSON DBA: MERLIN JOHNSON CONSTRUCTION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT (Professional Services Exclusion) This endorsement modifies insurance provided under the following.' COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section II - Who is an Insured, 1., is amended to add: f. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy, or 2. The coverage and/or limits required by said contract or agreement. Authorized Reptes�e or Countersl nature (in states Where Applicabie31 61714 (9101) ACORD,a CERTIFICATE OF LIABILITY INSURANCE tiz712o 3"YY"' PRODUCER - ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ON Hub International HOLDER.THIS CERTIFICATE DOES NOTAMEND, EXTEND OR 470 E. Highland Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Redlands, CA 92373 909793-2373 INSURERS AFFORDING COVERAGE NAIC# State Compensation Ins Fund 35076 Medin Johnson Construction, Inc. INSURER B. PO BOX 777 INSURER C: Menton, CA 92359 INSURERU. COVERAGES THE ANY MAYPERTAIN POLICES.AGGREGATE POLICIES REQUIREMENT, OF INSURANCE LISTED BELOW TERM OR CONDITION OF THE SURANC SHOWN AFFORDED MAY LIMITSPOLICY E OF INSURANCE HAVE BEEN ISSUED TO THE INSURED ANY CONTRACTOR OTHER DOCUMENT YTHHAVEEEENCIESREDDESCRICED BY BED PAID HEREIN POBICYNUMBER NAMEU ABuvt WITH RESPECT I SUBJECT TO ALL EFFECTWE POLIBYEXPIRATION DATE Nri1ME rUn I n� rw..� �_,. TO WHICH THIS THE TERMS, EXCLUSIONS DATE MMR]0 .... ........... _..._.-.....-.. _ _ _ CERTIFICATE MAY BE ISSUED OR AND CONDITIONS OF SUCH LIMITS EACH OCCURRENCE $ LIABILITY ERCIAL GENERAL LIABILITY LAIMS MADE ❑ OCCUR - - DAMAGE TO RENTED MI $ MED EXP (An one parson) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS-COMP/OPAGG $ REGATE LIMIT APPLIES PER: Y JPERCOT LOG r ILE LIABRITY - COMBINED SINGLE LIMIT $ (Ea acddenl) UTO WNED AUTOS BODILY INJURY $ (Per Pere..) DULED AUTOS DAUTOS BODILY INJURY $ (PeraccNI -OWNED AUTOS PROPERTY DAMAGE $ (ParaCCldwQ AUTO ONLY -EA ACCIDENT $ EA ACC $ OTHER THAN AUTO ONLY: AGO $ GARAGE LIABILITY ANY AUTO - EACFI OCCURRENCE $ EXCESS I UNBRELLA LIABILITY AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE A RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTNL- OF.'04U.NEREXCLUDE09 N 1tta datleecMX, wader SPECIAL PROVISIONS below 49750481911 0610'112012 06/01/2013 WC STAI U- OTH- X1 FIR ELEACHACCIDENT $1 000,000 E.L. DISEASE - EA EMPLOYEE $1006000 E.L. DISEASE -POLICY LIMIT $1 a66000 OTHER CESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Operations of the Named Insured. City of Redlands Public Works Department PO Box 3005 Redlands, CA 92373 ACORD 25 (2009101) 1 of 2 #S2132258IM1700492 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _3D_ OATS WRITTEN :E TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FALURE TO DO SO SHALL SE NO OBLIGATION OR "ABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR m 1988-2009 ACORD CORPORATION. All rights reserved. PI d7 rho AGORD name ana logo are reglelereu maim,,,.......... IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) 2 of 2 #S21322581M1700492 Farm W-9 (Rev. December 2011) Department of the Treasury Intemal Revenue Service N N rr R o_ r a N ao V 02 Q -i- N G C 0- J u m a th m m m (as shown on your Give Form to the Request for Taxpayer requester. Do not Identification Number and Certification send to the IRS. MERLIN JOHNSON CONSTRUCTION, INC. name, if different Check appropriate box for federal tax classification: ❑ individual1wie proprietor 0 C Corporation above ❑ S Corporation ❑ Partnership ❑ Trust estate ❑ Exempt payee ❑ Limited liability company. Fnter the tax classification (C-C corporation, S=S corporation, P=partnership) ►-----------. ❑ Other (see instructions) ► Requester's name and address Address (number, street, and apt. or suite no.) PO BOX 777 City, state, and ZIP code MENTONE, CA 92359 List account number(.) here (options Taxpayer Identification Num[]er t t n4) Enter your TIN in the appropriate box. The TIN provided must match the name given an the "Name line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter_ number Emptoyer identification number -I Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or l am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c} the IRS has notified me that l am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. you must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Here Signature of 11 -a ..crcnn ► 7e General Instructions Section references are to the internal Revenue Code unless otherwise noted_ Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA - Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S_ exempt payee. If applicable, you are also certifying that as a U.S. person, your Date► Note. if a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S_ person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income_ allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231 X Fora, W-9 (Rev. 12-2011) 9097486411 Treasury 03:52:29 P.M. 02-20-2013 1l1 BUSINESS TAX CERTIFICATE %,I I r yr Thls receipt does not purport to be evidence of quelirications, nor does it authddW Or prohibit anything Finance Department 158 ve u Box vision In connection with the conduct of a lawful business or occupation in a lawful manner, nor does it Redlands, Cation 9 Street, Sub Phone: - BOX TBOS regulate the activities in a geld regulated by the State Of CalifOrhia 8-7667 Business Name: Merlin Johnson Construction Inc BUSINESS TAX NUMBER: 0421800 Business Location: Job Site Business Type: 097 Redlands, CA 92373 Descripticrr. Sewer Const Owner Name: Merlin Johnson I Owner Name: MERLIN JOHNSON CONSTRUCTION INC P 0 BOX 777 MENTONE, CA 92359 THIS MUST BE DISPLAYED IN PLACE OF BUSINESS Effective Date: January 14,2013 Expiration Date: December 31, 2013 THIS BOX M FOR THE BUSINESS TYPE MESSAGE Restricted to license holder only NOTTRANSFERABLE Page 1 of 1 Kundig, Tina From: McHugh, Dan Sent: Tuesday, February 26, 2013 11:17 PM To: Diggs, Chris Cc: Mousavipour, Fred; McConnell, Janice; Sebastian, Sheri Subject: FW: Merlin Agreement to install valves.doc Attachments: Merlin Agreement to install valves.doc OK from legal perspective. Dan. Note: The Information contained in this e-mail message Is Intended only for the personal and confidential use of the designated reciplent(s) named above. This message may be an attorney -client communication, or attorney work -product, and as such is privileged and confidential. If the reader of this message Is not the Intended recipient(s) or an agent responsible for delivering It to the intended recipient(s), you are hereby notified that you have received this document In error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited, If you have received this communication In error, please notify the sender of this office immediately by telephone (909) 798-7595 and return the original message to us by mall to the City Attorney's Office, City of Redlands, P.O. Box 3005, Redlands, California 92373. From: Diggs, Chris Sent: Monday, February 25, 2013 7:57 AM To: McHugh, Dan Subject: Merlin Agreement to install valves.doc Dan, please review the attached. Thanks CD 3/4/2013 March 4, 2013 MEMORANDUM To: Tina Kundig, Finance Director From: Fed Mousavipour, Municipal Utilities & Et meering Director Chris Diggs, Assistant Utilities Director Subject: Request for signature Recently a valve failed at the Hinckley treatment plant. To repair the failed valve staff received three bids. Staff evaluated the bids and determined the low bidder can meet the city's needs. The city attorney prepared the attached agreement. Please sign and return the attached agreement. Bidder Bid Amount Merlin Johnson $5,800 TryCo $16,787 Doty Brothers $27,831