HomeMy WebLinkAboutC-7073-1 - Contract for the Construction of Public Work Fire Station No. 6 Auxiliary Driveway (1348 Irvine Avenue)CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK
FIRE STATION NO. 6 AUXILIARY DRIVEWAY WITH HOUALLA ENTERPRISES
LTD., DBA METRO BUILDERS AND ENGINEERS GROUP, LTD.
THIS CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK ("Contract") is
made and entered into as of this 29th day of April, 2016 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and HOUALLA ENTERPRISES LTD., DBA METRO BUILDERS AND
ENGINEERS GROUP, LTD., a Califomia corporation ("Contractor"), whose principal place
of business is 2610 Avon Street, Newport Beach, California 92663, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City desires to engage Contractor to: Remove existing wall section to
match existing parking lot finish. Remove existing sidewalk, curb and
gutter, subgrade, ground cover, trees, etc., to elevation needed to
construct 8" thick reinforced #5 rebar @ 30" O.C. both ways PCC
driveway landing/sidewalk. Construct 8" thick reinforced #5 rebar @ 30"
O.C. both ways driveway approach per CNB STD -166-L. Construct 8"
thick CAB base on 95% re -compacted subgrade. Construct 12" wide full
depth AC patch back. Straight grade to drain. Relocate existing street light
wire and irrigation system. Cap existing irrigation dins as needed. Notify
engineer if existing electrical wires for street lights cannot be lowered for
continuous service. Finish existing ends of cut walls to match existing wall
to the extent possible. Furnish and install 8' tall slatted galvanized chain
linked fence complete with 6" diameter rollers and latches for locking
mechanism, as more fully described in the Contract Documents
("Project").
C. City has solicited and received a proposal from Contractor and desires to
retain Contractor to render services under the terms and conditions set
forth in this Contract.
D. Contractor has examined the location of all proposed work, carefully
reviewed and evaluated the specifications set forth by City for the Project,
and is familiar with all conditions relevant to the performance of services
and has committed to perform all work required for the price specified in
this Contract over a period of 10 calendar days commencing upon
issuance of the "Notice to Proceed."
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Contract shall commence on the Effective Date and shall terminate
on July 31, 2016, unless terminated earlier as provided for herein.
2. SCOPE OF WORK
2.1. Contract Documents. The complete Contract for the Project includes all of
the following documents: Request for Proposals/Bids, attached hereto as Exhibit A;
Proposal, attached hereto as Exhibit B; Insurance Requirements, attached hereto as
Exhibit C; Labor and Materials Payment Bond attached hereto as Exhibit D; Faithful
Performance Bond, attached hereto as Exhibit E; all Project Permits; the Standard
Special Provisions and Standard Drawings; Plans and Special Provisions for Contract
No. 7073-1; Standard Specifications for Public Works Construction (current adopted
edition and all supplements); and this Contract, and all modifications and amendments
thereto (collectively the "Contract Documents"). Exhibits A, B, C, D and E, and all other
named Contract Documents, are incorporated herein by reference. The Contract
Documents comprise the sole agreement between the parties as to the subject matter
therein. Any representations or agreements not specifically contained in the Contract
Documents are null and void. Any amendments must be made in writing, and signed by
both parties in the manner specified in the Contract Documents.
2.2. Scope of Work. Contractor shall perform everything required to be
performed, and shall provide and furnish all the labor, materials, necessary tools,
expendable equipment and all utility and transportation services required for the Project
as identified in the Contract Documents ("Work" or "Services").
2.3. All of the Work to be performed and materials to be furnished shall be in
strict accordance with the provisions of the Contract Documents. Contractor is required
to perform all activities, at no extra cost to City, which are reasonably inferable from the
Contract Documents as being necessary to produce the intended results.
3. TIME OF PERFORMANCE
3.1. Time is of the essence in the performance of Work under this Contract
and Contractor shall complete the Work within 10 calendar days from the date of
issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted
may result in termination of the Contract by City and assessment of damages as
outlined in Section 3.2.
3.2. The parties agree that it is extremely difficult and impractical to determine
and fix the actual damages that City will sustain should Contractor fail to complete the
Project within the time allowed. Should Contractor fail to complete the Work called for
in this Contract within 10 calendar days from the date of issuance of the Notice to
Proceed, Contractor agrees to the deduction of liquidated damages in the sum of Five
Hundred Dollars ($500.00) for each calendar day beyond the date scheduled for
completion.
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page 2
4. COMPENSATION
4.1. As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor
accepts as full payment the sum of Twenty Five Thousand Eight Hundred Dollars
($25,800.00), less any money deducted pursuant to Section 3.2. Contractor shall not
receive any additional compensation unless approved in writing in advance by City's
Project Administrator as defined herein. City shall make full payment to Contractor no
later than thirty (30) calendar days after acceptance of the Work by City.
4.2. This compensation includes:
4.2.1. Any loss or damage arising from the nature of the Work;
4.2.2. Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
4.2.3. Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis,
and which loss or expense occurs prior to acceptance of the Work by City.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Fouad Houalla to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
6. ADMINISTRATION
This Contract shall be administered by the Public Works Department City's Public
Works Director, or designee, shall be the Project Administrator and shall have the authority
to act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Contract.
7. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE
7.1. Contractor shall use only the standard materials and equipment as
described in the Contract Documents in performing Work under this Contract. Any
deviation from the materials or equipment described in the Contract Documents shall
not be utilized unless approved in advance by the Project Administrator.
7.2. Contractor shall comply with the terms and conditions of the Contract
Documents.
7.3. All of the Work shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Contract, and that it will perform all Work in a manner
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page 3
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the
same discipline under similar circumstances.
7.4. All Services shall be performed by qualified and experienced personnel
who are not employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Contractor certifies that the Work conforms to the
requirements of this Contract, all applicable federal, state and local laws, and legally
recognized professional standards.
7.5. Contractor represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Contract.
7.6. Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
8. CHANGE ORDERS
8.1. This Contract may be amended or modified only by mutual written
agreement of the parties.
8.2. The Contractor shall only commence work covered by a change order
after the change order is executed and notification to proceed has been provided by the
City.
8.3. There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1. City and its elected or appointed officers, agents, officials, employees and
volunteers and all persons and entities owning or otherwise in legal control of the
property upon which Contractor performs the Project and/or Services shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project, or for injury to or death of any person as a
result of Contractor's performance of the Work required hereunder; or for damage to
property from any cause arising from the performance of the Project and/or Services by
Contractor, or its subcontractors, or its workers, or anyone employed by either of them.
9.2. Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page 4
obstructions or from any cause arising from Contractor's Work on the Project and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
9.3. To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees,
volunteers and any person or entity owning or otherwise in legal control of the property
upon which Consultant performs the Project and/or Services contemplated by this
Agreement (collectively, the "Indemnified Parties"), from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work
performed or Services provided under this Contract including, without limitation, defects
in workmanship or materials or Contractor's presence or activities conducted on the
Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them,
or for whose acts they may be liable for any or all of them.
9.4. Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Contract. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by Contractor.
9.5. Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Project Work.
9.6. To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7. Nothing in this Section or any other portion of the Contract Documents
shall be construed as authorizing any award of attorneys' fees in any action to enforce
the terms of this Contract, except to the extent provided for above.
9.8. The rights and obligations set forth in this Section shall survive the
termination of this Contract.
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page 5
10. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work to
be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and/or designee
informed on a regular basis regarding the status and progress of the Project, activities
performed and planned, and any meetings have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
Work, Contractor shall obtain, provide and maintain at its own expense during the term of
this Contract or for other periods as specified in this Contract, policies of insurance of the
type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit C and incorporated herein by reference.
15. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work to
be done according to the Agreement by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seg.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page 6
workman or mechanic needed to execute the Agreement. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the Work to be performed
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or co -tenant if Contractor is a partnership or joint -venture or
syndicate or co -tenancy, which shall result in changing the control of Contractor. Control
means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or
more of the assets of the corporation, partnership or joint -venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Proposal attached as Exhibit B. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractors. Nothing in this Contract shall create
any contractual relationship between City and subcontractor, nor shall it create any
obligation on the part of City to pay or to see to the payment of any monies due to any
such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Work to be performed under this Contract shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
18. OWNERSHIP OF DOCUMENTS
18.1. Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents"), prepared or caused to be prepared by
Contractor, its officers, employees, agents and subcontractors, in the course of
implementing this Contract, shall become the exclusive property of City, and City shall
have the sole right to use such materials in its discretion without further compensation
to Contractor or any other party. Contractor shall, at Contractor's expense, provide
such Documents to City upon prior written request.
18.2. Documents, including drawings and specifications, prepared by Contractor
pursuant to this Contract, are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Contractor will be at City's sole risk and without liability to Contractor. Further, any and
all liability arising out of changes made to Contractor's deliverables under this Contract
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page 7
by City or persons other than Contractor is waived against Contractor and City assumes
full responsibility for such changes unless City has given Contractor prior notice and has
received from Contractor written consent for such changes.
19. RECORDS
Contractor shall keep records and invoices in connection with the Work to be
performed under this Contract. Contractor shall maintain complete and accurate records
with respect to the costs incurred under this Contract and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any longer
period required by law, from the date of final payment to Contractor under this Contract.
All such records and invoices shall be clearly identifiable. Contractor shall allow a
representative of City to examine, audit and make transcripts or copies of such records
and invoices during regular business hours. Contractor shall allow inspection of all Work,
documents, proceedings and activities related to the Contract for a period of three (3)
years from the date of final payment to Contractor under this Contract.
20. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate right
to appeal to the City Manager or designee with respect to such disputed sums. Contractor
shall be entitled to receive interest on any withheld sums at the rate of return that City
earned on its investments during the time period, from the date of withholding of any
amounts found to have been improperly withheld.
21. CONFLICTS OF INTEREST
21.1. Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
21.2. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Contract by City. Contractor shall indemnify and hold harmless City
for any and all claims for damages resulting from Contractor's violation of this Section.
22. NOTICES
22.1. All notices, demands, requests or approvals to be given under the terms of
this Contract shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as
hereinafter provided.
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page 8
22.2. All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
22.3. All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Fouad Houalla
Houalla Enterprises Ltd.,
DBA Metro Builders and Engineers Group, Ltd.
2610 Avon Street
Newport Beach, CA 92663
23. NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Contract, before making its final
request for payment under the Contract Documents, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Contract. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Contract, except those previously made in writing and identified
by Contractor in writing as unsettled at the time of its final request for payment. Contractor
and City expressly agree that in addition to all claims filing requirements set forth in the
Contract and Contract Documents, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Govt. Code §§ 900 et seq.).
24. TERMINATION
24.1. In the event that either party fails or refuses to perform any of the
provisions of this Contract at the time and in the manner required, that party shall be
deemed in default in the performance of this Contract. If such default is not cured within
a period of two (2) calendar days, or if more than two (2) calendar days are reasonably
required to cure the default and the defaulting party fails to give adequate assurance of
due performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting
party written notice thereof.
24.2. Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Contractor has not been
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page 9
previously paid. On the effective date of termination, Contractor shall deliver to City all
materials purchased in performance of this Contract.
25. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project Site as defined by the Contract
Documents, has become familiar with the local conditions under which the Work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
26. STANDARD PROVISIONS
26.1. Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Contract.
26.2. Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
26.3. Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
26.4. Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
26.5. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
26.6. Interpretation. The terms of this Contract shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Contract or any other rule of
construction which might otherwise apply.
26.7. Amendments. This Contract may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page 10
26.8. Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
26.9. Controlling Law and Venue. The laws of the State of California shall
govern this Contract and all matters relating to it and any action brought relating to this
Contract shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
26.10. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
26.11. No Attorney's Fees. In the event of any dispute or legal action arising
under this Contractor, the prevailing party shall not be entitled to attorneys' fees.
26.12. Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page 11
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
Date: LCZZZI
By:
Aaron C. Harp
City Attorney h
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
r'
By: i
David A. Webb
Public Works Director
CONTRACTOR: Houalla Enterprises Ltd.,
DBA Metro Builders and Engineers Group,
Ltd. a California corporation
Date:
By: Signed in Counterpart
Fouad Houalla
President/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Request for Proposals/Bids
Exhibit B — Proposal
Exhibit C — Insurance Requirements
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page 12
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'SO PCE
Date:
Y
Aaron C. Harp ���W
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
David A. Webb
Public Works Director
CONTRACTOR: Houalla Enterprises Ltd.,
DBA Metro Builders and Engineers Group,
Ltd. a jCifo.yia corpora ion
Date: On02 �9-Z)I U
By:
Fouad
Presid
Pualla
nt/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Request for Proposals/Bids
Exhibit B — Proposal
Exhibit C — Insurance Requirements
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page 12
EXHIBIT A
REQUEST FOR PROPOSALS/BIDS
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page A-1
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
until 10:00 AM on the 31st day of March, 2016,
at which time such bids shall be opened and read for
FIRE STATION NO. 6 AUXILIARY DRIVEWAY
(1348 IRVINE AVENUE, NEWPORT BEACH)
Contract No. 7073-1
$ 15,000 - $22,500
Engineer's Estimate
Approved
by
Mirk Vukojexyic
City Engineer
Prospective bidders may obtain the Drawing, the Proposal, and the Project
Specifications from Project Manager, Fong Tse, at (949) 644-3321
or at his email ftse@newportnbeachca.gov
Contractor License Classification(s) required for this project. "A"
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
FIRE STATION NO.6 - AUXILIARY DRIVEWAY
CONTRACT NO. 7073-1
To Public Works Director
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
PR 1 of 2
The undersigned declares that he has carefully examined the location of the work, has
examined the Plans and Special Provisions, and hereby proposes to furnish all materials
except that material supplied by the City and shall perform all work required to complete
Contract No. 7073 in accordance with the Plans and Special Provisions, and will take in full
payment therefore the following unit prices for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
Lump Sum Mobilization and Demobilization
@ Dollars
and
Cents
Per Lump Sum
Lump Sum Removals
@ Dollars
and
Cents $
Per Lump Sum
3. Lump Sum Site Preparation
@ Dollars
and
Cents
Per Lump Sum
PR2of2
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. Lump Sum Driveway Approach
Dollars
and
Cents
Per Lump Sum
5. Lump Sum Slatted Chain -Linked Fence Gate
Dollars
and
Cents $
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
Dollars
and Cents $
Total Price (Figures)
Date
Bidders Telephone and Fax Numbers
Bidders License No(s).
and Classification(s)
Bidders email address:
Bidder
Bidder's Authorized Signature and Title
Bidder's Address
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FIRE STATION NO. 6 AUXILIARY DRIVEWAY
CONTRACT NO. 7073-1
INTRODUCTION
SP 1 OF 9
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Drawing; (3) the City's Standard Special Provisions
and Standard Drawings for Public Works Construction, (2004 Edition), including
Supplements; and (4) Standard Specifications for Public Works Construction (2009
Edition), including supplements. Copies of the Standard Special Provisions and
Standard Drawings may be purchased at the Public Works Department. Copies of the
Standard Specifications may be purchased from Building News, Inc.
(www.bnibooks.com).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART
GENERAL PROVISIONS
SECTION 2 ---SCOPE AND CONTROL OF THE WORK
2.6 WORK TO BE DONE Add to this section, "The work necessary for the majority
completion of this contract consists of (1) distributing construction notices to nearby
residents, (2) removing and disposing of existing block wall, sidewalk, curb and gutter,
subgrade, landscaping, other incidental interfering items, (3) Field "Survey", (4)
compacting existing subgrade, (5) constructing compacted aggregate base, (6)
constructing reinforced concrete driveway approach, (7) furnishing and installing slatted
chain -linked fence gate, (8) reworking and reconnecting existing irrigation system, (9)
re-routing and reconnecting existing street lighting system conduits/wires, (10)
constructing full depth AC patchback, and (11) completing other incidental items in
place as required by the Plans and Specifications."
SP2OF9
SECTION 3 ---CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent shall
be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied
to the Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent on
work added in excess of $5,000 of the subcontracted portion of the extra work may
be added by the Contractor.
SECTION 6 ---PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this
section: 'The time of completion as specified in Section 6-7, shall commence on the
date of the 'Notice to Proceed.'
No work shall begin until a "Notice to Proceed" has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a construction schedule to the Engineer for
approval a minimum of five working days prior to commencing any work. Schedule may
be bar chart or CPM style.
The Engineer will review the schedule and may require the Contractor to modify the
schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved schedule, the Contractor shall be prohibited from starting additional work
until Contractor has exerted extra effort to meet the original schedule and has
demonstrated that the ability to maintain the approved schedule in the future. Such
stoppages of work shall in no way relieve the Contractor from the overall time of
completion requirement, nor shall it be construed as the basis for payment of extra work
because additional personnel and equipment were required on the job."
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6-7 TIME OF COMPLETION
6-7.1 General. Add to this section: 'The Contractor shall complete all work
under Contract within ten (10) consecutive working days from the Notice To
Proceed. The Notice To Proceed will be issued on April 18, 2016.
The Contractor shall ensure the availability of all material prior to the start of work.
Unavailability of material will not be sufficient reason to grant the Contractor an
extension of time for 100 percent completion of work."
6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st
(New Year's Day), the third Monday in January (Martin Luther King Day), the third
Monday in February (President's Day), the last Monday in May (Memorial Day), July 0.
the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth
Thursday and Friday in November (Thanksgiving and Friday after), December 2e,
(Christmas Eve), December 25"' (Christmas), and December 31 SI (New Year's Eve). If
January 1st, July 4th, November 11th, December 24th, December 25th or December
31st falls on a Sunday, the following Mondq is a holiday. If January ist, July 4t',
November 11"' December 24th December 25' or December 31st falls on a Saturday,
the Friday before is a holiday."
6-7.4 Working Hours. Normal working hours are limited to 8:00 AM to 4:00 PM
Monday through Friday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours
prescribed above.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:00 PM to 6:30
PM on weekdays or 8:00 AM to 6 PM on Saturday only. A request for working during
any of these hours must be made at least 72 hours in advance of the desired time
period. A separate request must be made for each work shift. The Engineer reserves
'the right to deny any or all such requests. Additionally, the Contractor shall pay for
supplemental inspection costs of $123.00 per hour when such time periods are
approved. Said Inspection cost may be waived by the Engineer if and only if the
Contractor has progressed on the work satisfactorily and in a meaningful manner.
6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive
calendar day after the time specified in Section 6-7-1 for completion of the work, the
Contractor shall pay to the City or have withheld from moneys due it, the daily sum of
$500.00, for each calendar day beyond the ten (10) working days completion
deadline.
Revise paragraph two, sentence one, to read: "Execution of the Contract shall
constitute agreement by the Agency and Contractor that $500.00 per day is the
SP4OF9
minimum value of the costs and actual damage caused by the failure of the Contractor
to complete the Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations."
SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR
7-8 PROJECT SITE MAINTENANCE
7-8.5 Temporary Light, Power and Water. Add to this section: "To the extent
reasonable, the City will provide the contractor with gratis water and power to complete
the work."
7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including
all water used during sawcutting operations, containing mud, silt or other deleterious
material due to the construction of this project shall be treated by filtration or retention in
settling basin(s) sufficient to prevent such material from migrating into any catch basin,
Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the
Construction Runoff Guidance Manual which is available for review at the Public Works
Department or can be found on the City's website at
www.newi)ortbeachea.gov/publicworks and clicking on permits, then selecting the link
Construction Runoff Guidance Manual.
7-8.6.1 Best Management Practices and Monitoring Program. The
Contractor shall submit a Best Management Practice (BMP) plan for containing any
wastewater or storm water runoff from the project site including, but not limited to the
following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City of Newport
Beach will monitor the adjacent storm drains and streets for compliance. Failure of the
Contractor to follow BMP will result in immediate cleanup by City and back -charging the
Contractor for all costs plus 15 percent. The Contractor may also receive a separate
Administrative Citation per Section 14.36.030A23 of the City's Municipal Code.
SP5OF9
7-8.8 Cleanliness. The worksite shall be clean and free of debris at the end of
each work day.
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "Construction materials and equipment may be
stored on Dover Drive or within a portion of the Fire Station parking only after obtaining
prior approval from the Engineer. Therefore, it is the Contractor's responsibility to
obtain an area for the storage of equipment and materials.
Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor
shall restore the laydown area to its pre -construction condition. The Engineer may
require new base and pavement if the pavement condition has been compromised
during construction."
7-10.4 Safety
7-10.4-1 Safety Orders. Add to this section: 'The jobsite is within a high foot -
traffic area as it is adjacent to an elementary school and a public library. The Contractor
shall be solely and completely responsible for the job -site conditions, including safety of
all persons and property during performance of the work. The Contractor shall fully
comply with all State, Federal and other laws, rules, regulations, and orders relating to
the safety of the public and workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
7-10.5 "No Parking" Signs. If needed, the Contractor shall install, and maintain in
place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING"
signs and/or red curbs) which he shall post at least forty-eight hours in advance of the
need for enforcement. The signs will be provided at no cost to the Contractor.
However, the City reserves the right to charge $1.50 per sign following any excessive
abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's
responsibility to notify the City s Police Department at (949) 644-3717 for verification of
posting at least forty-eight hours in advance of the need for enforcement. The signs
shall (1) be made of white card stock; (2) have minimum dimensions of 12 -inches wide
and 18 -inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No
Parking" signs available at the Public Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the
completed sign shall be reviewed and approved by the Engineer prior to posting.
SP6O179
7-10.7 Notices to Nearby Residents. Ten working days prior to starting work,
the Contractor shall deliver a construction notice to residents within 500 feet of the
project, describing the project and indicating the limits of construction. The City will
provide the notice.
Forty-eight hours prior to the start of construction, the Contractor shall distribute to the
residents a second written notice prepared by the City clearly indicating speck dates
in the space provided on the notice when construction operations will start for each
block or street, what disruptions may occur, and approximately when construction will
be complete. An interruption of work at any location in excess of 14 calendar days shall
require re -notification. The Contractor shall insert the applicable dates and times at the
time the notices are distributed.
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re -notification using an explanatory
letter furnished by the City.
7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of
work, the Contractor shall possess a valid "A" Contractor License issued by the State of
California. At the start and until completion of work, the Contractor and all Sub-
contractors shall possess a Business License Issued by the City of Newport Beach.
7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. Since the improvements
constructed under this contract are of a temporary nature, as -built drawings are not
required.
SECTION 9 --MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid
for each item of work shown on the proposal shall include full compensation for
furnishing the labor, materials, tools, and equipment and doing all the work, including
restoring all existing improvements, to complete the item of work in place and no other
compensation will be allowed thereafter. Payment for incidental items of work not
separately listed shall be included in the prices shown for the other related items of
work. The following items of work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization and Demobilization: Work under this item shall Include all
of the costs of providing bonds, insurance and financing; delivering all required
notification to residents; posting signs; establishing construction storage location;
preparing the BMP Plan and construction schedule; temporary construction fencing;
daily job site cleanup; and all other related work as required by the Contract
Documents.
SP7OF9
Item No. 2 Removals: Work under this item shall include all cost of removing and
disposing of portions of the existing block wall, sidewalk, curb and gutter, subgrade,
roadway section, landscaping, and all other incidental interfering Items as needed prior
to performing Site Preparation.
Item No. 3 Site Preparation: Work under this item shall include the cost of all
preparatory work that are required before the new improvements can be received such
as "Field Survey' to ensure straight grade between existing join points for positive
drainage; roughen all joint surfaces; finish the cut block wall ends for aesthetic,
straight, and plumb end conditions for appearance and match existing wall texture and
finish including the application of a minimum three (3) coats of Dunn Edwards stucco
paint to match existing adjoining color; rework and reconnect existing irrigation system;
re-route and reconnect existing street lighting system conduits/wires if needed;
recompact the top 8 -inches of the existing subgrade to minimum 95% relative
compaction; and complete other incidental preparatory work.
Item No. 4 Driveway Approach: Work under this item shall include all of the costs
of "Field Survey'; grading; recompaction; construct compacted 8 thick aggregate base;
construct 8 -inch thick reinforced driveway approach as shown on the Drawing; Install
joint materials; construct 12 -inch wide full -depth asphalt concrete patchback; water test
for positive drainage; and other incidental work complete and in place. Payment shall
be made for all work completed for construction note numbers 3, 4, 5, and 6 shown on
the Drawing.
Item No. 5 Slatted Chain -linked Fence Gate: Work under this item shall include
all of the costs of procurement; delivery, and installation of a double -wheeled new or
lightly used (as approved by the Engineer) chain -linked fence gate. Top of fence gate to
closely match the top of existing wall. The cost of supplying and installing the
necessary hardware and materials for attaching the fence gate to the existing wall and
the mounting of lock latches on the existing wall and the fence gate shall be made a
part of this Item.
9-3.2 Partial and Final Payment. Add to this section: "One payment without
retention shall be made on this Project."
PART 2
CONSTRUCTION MATERIALS
SECTION 201 --- CONCRETE MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement
Concrete for construction shall be Class 560-C-4500."
SP8OF9
201-2 REINFORCEMENT FOR CONCRETE
201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be epoxy
coated #5 Grade 60 steel bars conforming to ASTM A 815 wfth 3.5 -inch minimum
cover."
SECTION 210 --- FENCE SLAT
210-1 MATERIAL
201-1.1 Purpose Requirement 'The slat material shall be wood or vinyl and
sufficiently dark in color to provide privacy screening effects."
PART 3
CONSTRUCTION METHODS
SECTION 300 --EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Add to this Section: "Removal and disposal of material shall be done by City
approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of
approved haulers can be provided upon request or be found on the City s website at:
www/newportbeachca.aov/generalservices and clicking on refuse, then selecting the
link Franchised Haulers List."
300-1.3.1 General. Add to this section: "The work shall be done in accordance
with Section 300-1.3.2 of the Standard Specifications except as modified and
supplemented herein. Joins to existing pavement lines shall be full depth sawcuts.
Final removal between the sawcut lines may be accomplished by the use of
jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted
on the job. The Engineer must approve final removal accomplished by other means.
The Contractor shall maintain the job site in a clean and safe condition. The
Contractor will remove any broken concrete, debris or other deleterious material from
the job site at the end of each workday."
300-1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, Medians, and
Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be
neatly made to a minimum of two (2) inches." Replace the words "1-Y2 inch" of the last
sentence with the words "two (2) inches".
SP9OF9
300-1.5 Solid Waste Diversion. Non -reinforced concrete and asphalt wastes
generated from the job site shall be disposed of at a facility that crushes such materials
for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a
sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer on a form provided by the Engineer and provide
appropriate confirmation documentation from the recycling facility.
SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS, MEDIANS AND DRIVEWAYS
303-5.1 Requirements
303-5.1.1 General. Add to this section:
"1. All forms shall be removed, irrigation systems shall be repaired, and backfill
or patch -back shall be placed within 72 hours following concrete placement.
2. All excavated areas shall be allowed to remain open no longer than 24 -hours
prior to the placement of concrete.
3. Temporary AC shall be used if the concrete panels will not be replaced within
the time limit."
303-5.5 Finishing
303-5.5.3 Walk. Add to this section: "Flatwork finish shall drain away from the
Fire Station parking lot"
303-5.5.4 Gutter. Add to this section: 'The Contractor shall hold straight grade
between joints."
EXHIBIT B
PROPOSAL
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page B-1
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
until 10:00 AM on the 31st day of March, 2016,
at which time such bids shall be opened and read for
FIRE STATION NO. 6 AUXILIARY DRIVEWAY
(1348 IRVINE AVENUE, NEWPORT BEACH)
Contract No. 7073-1
$ 15,000 - $22,500
Engineer's Estimate
Approved by
44--��
Mirk Vukoje Ic
City Engineer
Prospective bidders may obtain the Drawing, the Proposal, and the Project
Specifications from Project Manager, Fong Tse, at (949) 644-3321
or at his email ftse@newportnbeachca.gov
Contractor License Classification(s) required for this project: "A"
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
FIRE STATION NO.6 - AUXILIARY DRIVEWAY
CONTRACT NO. 7073-1
To Public Works Director
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
PR1of2
The undersigned declares that he has carefully examined the location of the work, has
examined the Plans and Special Provisions, and hereby proposes to furnish all materials
except that material supplied by the City and shall perform all work required to complete
Contract No. 7073 in accordance with the Plans and Speclal Provisions, and will take In full
payment therefore the following unit prices for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization and Demobilization
@ Two Thousand Five Hundred Dollars
and
Zero Cents $ 2,500.00
Per Lump Sum
2. Lump Sum Removals
@ Four Thousand Five Hundred Dollars
and
Zero Cents $ 4,500.00
Per Lump Sum
3. Lump Sum Site Preparation
@ Seven Thousand Three Hundred Dollars
and
Zero Cents $ 7,300.00
Per Lump Sum
PR2of2
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. Lump Sum Driveway Approach
@ Seven Thousand Dollars
and
Zero Cents $ 7,000.00
Per Lump Sum
5. Lump Sum Slatted Chain -Linked Fence Gate
@ Four Thousand Five Hundred Dollars
and
Zero Cents $ 4,500.00
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
Twenty -Five Thousand Eight Hundred Dollars
and ZerO Cents
3/31/16
(949) 515-4350 / (949) 515-4351
Bidder's Telephone and Fax Numbers
$ 25,800.00
Total Price (Figures)
Metro Builders &
Signature and Title
597589 (A, B, C-10) 2610 Avon St, Newport Beach, CA
Bidder's License No(s). Bidders Address
and Classification(s)
Bidder's email address: estimatinp-@.metrobuilders.com
Ltd.
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractors indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at its
own expense during the term of this Contract, policies of insurance of the type and
amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor
uses existing coverage to comply and that coverage does not meet these
requirements, Contractor agrees to amend, supplement or endorse the existing
coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business
of insurance in the State of California, with an assigned policyholders' Rating of A -
(or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by City's Risk
Manager.
3. Coverage Requirements.
a. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employers
Liability Insurance with limits of at least one million dollars ($1,000,000) each
employee for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employers Liability Insurance in accordance with California law for all of the
subcontractors employees. The insurer issuing the Workers' Compensation
insurance shall amend its policy by endorsement to waive all rights of
subrogation against City, its elected or appointed officers, agents, officials,
employees and volunteers. Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of
City, its elected or appointed officers, agents, officials, employees and
volunteers.
b. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page C-1
c. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
a. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials employees and
volunteers or shall specifically allow Contractor or others providing insurance
evidence in compliance with these requirements to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
b. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials employees and
volunteers shall be included as additional insureds under such policies.
c. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to City,
its elected or appointed officers, agents, officials, employees and volunteers.
Any insurance or self-insurance maintained by City shall be excess of
Contractor's insurance and shall not contribute with it.
d. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
a. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page C-2
insurance shall be kept on file with City at all times during the term of this
Contract. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
b. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days advance
written notice of such change. If such change results in substantial additional
cost to Contractor, City and Contractor may renegotiate Contractor's
compensation.
c. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of
City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on all
insurance required from subcontractors. For CGL coverage, subcontractors
shall provide additional insured coverage with a format at least as broad as
CG 20 38 04 13.
d. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
e. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit C are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature is
for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
f. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self-insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self-insured
retention, the self-insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination of
the self-insured retention, substitution of other coverage, or other solutions.
Contractor agrees to be responsible for payment of any deductibles on their
policies.
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page C-3
g. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option,
be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
h. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insur4ance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
Houalla Enterprises Ltd., DBA Metro Builders and Engineers Group, Ltd. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4/29/16 Dept./Contact Received From: Raymund
Date Completed: 4/29/16 Sent to: Raymund By: Alicia
Company/Person required to have certificate:
Type of contract:
Metro Builders & Engineers Group —Fire Station 6
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 11/1/15-11/1/16
A.
INSURANCE COMPANY: Travelers Indemnity Company of CT
B.
AM BEST RATING (A-: VII or greater): A++:XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1M/2M/2M
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?) N/A
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION: ❑ N/A
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 11/1/15-11/1/16
A.
INSURANCE COMPANY: Travelers Property Casualty Company of America
B.
AM BEST RATING (A-: VII or greater) A++:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? 1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?) N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only): ® N/A
❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
❑ Yes ® No
H.
NOTICE OF CANCELLATION: ❑ N/A
® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1111/15-1111/16
A. INSURANCE COMPANY: Travelers Property Casualty Company of America
B. AM BEST RATING (A-: VII or greater): A++:XV
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY Eff 11/1/15-11/1/16 Limit: 1M
Allied World Surplus Lines Ins Co, A:XV, Non -Admitted
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
® Yes ❑ No
® Yes ❑ No
1,000,000
® Yes [:]No
® NIA [:]Yes ❑ No
❑ N/A ® Yes []No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® NIA ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk management approval needed due to Professional Liability carrier being non -admitted 2/3116 Sheri
Approved
Approved:
Risk Management
* Subject to the terms of the contract.
Date