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HomeMy WebLinkAboutC-8444-1 - Contract for the Construction of Public Work Marina Park Seat WallI CITY CLERK J J CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK ' MARINA PARK SEAT WALL WITH HOUALLA ENTERPRISES LTD. DBA METRO BUILDERS & ENGINEERS GROUP, LTD. U THIS CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK ("Contract') is made and entered into as of this 4th day of May, 2017 ("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 & Engineers Group, Ltd., a California corporation ("Contractor"), whose principal place of business is 2610 Avon Street, Newport Beach, CA 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 provide raised concrete seat walls/barriers along and attached to the existing beachfront walk at Marina Park. The work necessary for the majority completion of this contract consists of (1) mobilization and demobilization, (2) traffic controls, (3) sand handling and compaction, (4) construct integrally colored reinforced concrete seat walls, (5) construct integrally colored concrete panel, (6) install non -shrink elastomeric joint seal, and (7) clean up, 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 20 consecutive working 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 December 31, 2017, 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 & Proposal, attached hereto as Exhibit A; Insurance Requirements, attached hereto as Exhibit B; Labor and Materials Payment Bond attached hereto as Exhibit C; Faithful Performance Bond, attached hereto as Exhibit D; all Project Permits; the Standard Special Provisions and Standard Drawings; Plans and Special Provisions for Contract No. 8444-1; 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, and D, 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 20 consecutive working 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 20 consecutive working 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. 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 Fifty Seven Thousand Five Hundred Fifty Dollars ($57,550.00), 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 Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 2 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 MATERIALS/STANDARD 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 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 Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 3 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. :may:/_0 . a . — 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 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 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, obstructions orfrom any cause arising from Contractor's Work on the Project, 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 and volunteers (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, Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 4 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. 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. Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 5 ilE1 014141]4[7_A 1101 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. BONDING 14.1. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit D and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit C and incorporated herein by reference. 14.2. The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 14.3. Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 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 B and incorporated herein by reference. Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 6 16. 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 seq.), 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 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. 17. 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 orjoint-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. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Proposal attached as Exhibit A. 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. 19. OWNERSHIP OF DOCUMENTS 19.1. 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 Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 7 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. 19.2. 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 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. 20. 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. 21. 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. 22. CONFLICTS OF INTEREST 22.1. 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. 22.2. 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 Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 8 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. 23. NOTICES 23.1. 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. 23.2. 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 23.3. 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 & Engineers Group, Ltd. 2610 Avon St Newport Beach, CA 92663 24. 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.). 25. TERMINATION 25.1. 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 Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 9 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. 25.2. 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 previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 26. 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. 27. STANDARD PROVISIONS 27.1. Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 27.2. 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. 27.3. 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. 27.4. 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. 27.5. 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. Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 10 27.6. 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. 27.7. 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. 27.8. 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. 27.9. 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. 27.10. 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. 27.11. 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. 27.12. 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 & 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 ATTORNEY'S OFFICE Date: Z By A n C. Harp City Attorney ATTEST: _ Date: 4111 By: JL Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: S 10 OPM)KI David A. Webb Public Works Director CONTRACTOR: Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. a California corporation Date: Signed in Counterpart By: Fouad Houalla President and Secretary [END OF SIGNATURES] Attachments: Exhibit A — Request for Proposals/Bids & Proposal Exhibit B— Insurance Requirements Exhibit C — Labor and Materials Payment Bond Exhibit D — Faithful Performance Bond Houalla Enterprises Ltd. DBA Metro Builders & 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'S OFFICE Date: a By' A n C. Harp CAMS, City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: David A. Webb Public Works Director CONTRACTOR: Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. a Califgqrnia corporation Date: " 3,2.0(-- B y: Fouad Presid Koualla / nt and Secretary [END OF SIGNATURES] Attachments: Exhibit A — Request for Proposals/Bids & Proposal Exhibit B— Insurance Requirements Exhibit C — Labor and Materials Payment Bond Exhibit D — Faithful Performance Bond Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 12 EXHIBIT A REQUEST FOR PROPOSALS/BIDS & PROPOSAL Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page A-1 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Written Hard Cop v sealed bids shall be submitted to the office of the City Clerk 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 5th day of April, 2017, at which time such bids shall be opened and read for MARINA PARK SEAT WALL Contract No. 84441 $ 40.000 Engineer's Estimate Approved by V4 _ M k Vukojevi City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Pians from Santa Ana Blue Print 2372 Morse Avenue, Irvine, CA 92614 (949)756-1001 Contractor License Classification required for this project: "A" For further information, call Fong Tse, Protect Manager at (949) 644-3321 MARINA PARK SEAT WALL Contract No. 8444-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 5 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................6 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................12 ACKNOWLEDGEMENT OF ADDENDA.......................................................................14 INFORMATION REQUIRED OF BIDDER.....................................................................15 NOTICE TO SUCCESSFUL BIDDER...........................................................................18 PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SPA City of Newport Beach MARINA PARK SEAT WALL Contract No. 8444-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk In accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL The City Clerk's Office will open and read the bid results immediately following the Bid Opening Date. The Bid Results are immediately available to the public following the Bid Opening Date. Members of the public who would like to attend this reading may go to Bay E. 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 4. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 5. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 6. In accordance with the California Labor Code (Sections 1770 at seq.), 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 workman or mechanic needed to execute the contract. 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. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 7. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, 'Subletting and Subcontracting Fair Practices Act". 8. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 9. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 10. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 11 All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an Individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. f The signature below represents that the above has bf 597589; A, B, & C-10 Contractor's License No. & Classification 1000002925;06/30/t7 DIR Reference Number & Expiration Date Metro Builders & Engineers Group, Ltd. Bidder Date esident El City of Newport Beach MARINA PARK SEAT WALL Contract No. 8444-1 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed,) Subcontractor's Information Bid Item Description of Work °roof Number Total Bid Name: Address: AIA Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address Bidder Authorized Signature/Title City of Newport Beach MARINA PARK SEAT WALL Contract No. 8444-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. Bidder's Name Metro Builders & Engineers Group. Ltd ____N FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $500,000, provide the following information: No.1 Project Name/Number Indiana Street Pumping Plant Generator Installation Project Description Installation of facility to house a standby generator Approximate Construction Dates: From 02/2016 Tn, 05/2017 Agency Name Los Angeles County Sanitation District Contact Person Ignacio Murillo Telephone 062) 908-4288 Original Contract Amount $_L-6 M Final Contract Amount $ 1,702,084.16 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders extra work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 Project Name/Number Santa Ana Stadium Structural Concrete Repair Project Description Structural concrete repairs and replacements Approximate Construction Dates: From 02/2016 To: 08/2016 Agency Name City of Santa Ana Contact Person Michael Ortiz Telephone (/14) 615-0892 Original Contract Amount $_±68 K Final Contract Amount $ 977,532.77 If final amount Is different from original, please explain (change orders, extra work, etc.) Change orders, extra work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Berth 142 Crane Maintenance Building Project Description Construction of an approx. 5,000 SF steel framed building for crane maint. Approximate Construction Dates: From 10/2016 To: 06/2017 Agency Name Port of Los Angeles - Harbor Department Contact Person Jill Shimamoto Telephone Q 10) 732-7634 Original Contract Amount $ 6.4 M Final Contract Amount $ 6,498,943.63 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders extra work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 4 Project Name/Number Diesel Exhaust Fluid (DEF) Systems and Sand System Project Description Installation of Diesel Exhaust Fluid Systems and Sand System Approximate Construction Dates: From ll/2015 To: 11/2016 Agency Name Southern California Regional Rail Authority Contact Person Sonny Ibrahim Telephone (2 13)452-0436 Original Contract Amount $ 3 M Final Contract Amount $ 3,114,095.00 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Air Treatment Facility - ECIS - Mission & Jesse Project Description Construction of Air Treatment Approximate Construction Dates: From 04/2013 08/2015 Agency Name City of Los Angeles - Bureau of Engineering Contact Person Jon M. Haskett Telephone (213) 485-5864 Original Contract Amount $_L4.8 M Final Contract Amount $ 17,904,527.91 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders extra work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 0 No. 6 Project Name/Number Rainforest of the Americas - LA Zoo Project Description Construction of new LA Zoo exhibit Approximate Construction Dates: From 10/2011 To: 10/2015 Agency Name City of Los Angeles - Bureau of Engineering Contact Person Meghan Aldrich Telephone � 13) 847-4713 Original Contract Amount $ 11.3 M Final contract Amount $ 16,897,759.00 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders, added scopes of work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Metro Builders & Engineers Group, Ltd. W President General Construction Superintendent Caesar Patlan (714) 496-9280 Cell caesar(a)metrobuilders.com Work Experience 2610 Avon Street, Suite A Newport Beach, CA 92663 • Feb 2005 - Present Metro Builders & Engineers Group, Ltd. Newport Beach, CA Feb '05 - Present: Superintendent/Site Safety Officer - Supervision of construction projects including buildings, maintenance facilities, heavy civil and structural projects. Manage and oversee entire project Including managing concrete, masonry, carpentry, drywall, plumbing, and electrical crews. Coordinated work on the project with subcontractors and vendors to ensure timely completion of the project. Responsible for maintaining safety of workers on the project site. Project Experience • New Bus Washes at Div 5, 7, 10 & 18 • Laguna Beach Corporate Yard & Public Parking • Baldwin Hills Scenic Overlook at Kenneth Hahn State Park • Division 3 Maintenance Building Annex • Division 3 Maintenance Building Renovation ♦ Air Treatment Facility at La Cienega/Jefferson Certifications • OSHA 10 -hour course taught by Stuart Nakutin, Cavignac & Associates • CPR/First Aid course taught by Occupational Safety Training Systems 4g:3 [lion 1 Metro Builders & Engineers Group, Lt_._ -- Project Superintendent — Caesar Patlan WORK • General Superintendant - Metro Builders and Engineers, Group, Ltd (Feb 2007—Present) • Arballo Construction - Concrete Basement & Custom Home Foundations (2003 — 2007) • Ron Shoffiett Masonry - Foreman (1999 — 2003) Jobs Performed: Naval Weapons Station Seal Beach, Nellis Air Force Base PROJECT REFERENCES Kenneth Hahn State Recreation Area- Baldwin Hills • Completed 2009 • State of California- Dept. of Parks and Recreation • Construction of approximately 8,00 sq It visitor center, hiking trails, parking area and scenic overlook point — Project won LA Architectural Award, Civic Category • Contact — Bill Johnson, Project Manager — (916) 445-8763 Air Treatment Facility • Completed 2010 • City of Los Angeles • 3410 La Cienega Blvd Los Angeles, Ca • Construction of Air Treatment Facility, including: 25' deep shoring and concrete structure, masonry buildings, mechanical pipe installation, odor control and other mechanical equipment installation, electrical and instrumentation, and miscellaneous site improvements • Contact — David Copp, Project Manager — (213) 485-1625 MTA Division III Maintenance Building Renovation • Completed 2011 • Metropolitan Transit Authority • 630 W. Avenue 28 Los Angeles, CA 90065 • Design and construction of approx 12,500 sq ft bus maintenance facility including building shell, equipment, utilities, etc. LEED Certified • Contact — Ajith Peiris, Project Manager — (213) 9224771 CERTIFICATIONS • CPR Certified • OSHA 10 2610 .Avon Street. r1ox-not Booth. CA 92663 Phone. 949515.4350- Fay. 949.515.4351 - pielrobuilGers.com City of Newport Beach MARINA PARK SEAT WALL Contract No. 8444-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) Fouad Houalla being first duly sworn, deposes and says that he or she is President of Metro Builders & Engineers Group, Ltd., the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. declare under penalty of perjury of the laws of the State of Calif nia that the foregoing is true and correct Metro Builders & Engineers Group, Ltd. Fouad lioualla, President Bidder Authorized Signatufritle Subscribed and sworn to (or affirmed) before me on this 4th day of April 2017 by Shelly Jean Irvine , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL] Notary Public My Commission Expires: 'at a*' 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ��� On `11'11 tbefore me, rn _ Date Here Insert Nine- ,T-i_ti� of the Officer personally appeared FAUNA (RIKtA�Ah - Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th personl�'�whose namp�SfG are bsc"bed to the within instrumeggt and ackrk ledged to me that e he/f ey executed the same in is er/their authorized capacity(ie§), and that h� her/their signature on the instrument the perss), or he entity upon behalf of which the perso acted, executed the instrument. .+.N ..+':�"+. BHELLY JEAN IRVINE A � )z\ Commission # 2018404 [ ie Notary nubl,o . Cal,fornia i iL Orange County My ''an.�`-`,Ies Art 7. 2017 + I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C7 Corporate Officer — Title(s): t Partner — Limited _' General Individual _ Attorney in Fact Ci Trustee Guardian or Conservator Cl Other: Signer Is Representing: Signer's Name: G Corporate Officer — Title(s): Partner _! Limited =? General Individual L] Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 474?^;S s . - ,�r•.,mr." ::�.. .- City of Newport Beach MARINA PARK SEAT WALL Contract No. 84441 DESIGNATION OF SURETIES Bidder's name Metro Builders & Engineers Group, Ltd. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurancelbond type): SureTec Insurance Company; 1330 Post Oaks Blvd. Suite 1100, Houston, TX 77056 (619)400-4100 Broker: Cavignac & Associates; 450 B St, Suite 1800, San Diego, CA 92101 (619)744-0561 11 City of Newport Beach MARINA PARK SEAT WALL Contract No. 8444.1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Metro Builders & Engineers Group, Ltd. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary—Occupational Injuries and Illnesses, OSHA No. 102. 12 Current Record Record Record Record Record Yearof for for for for for Record 2016 2015 2014 2013 2012 Total 2017 No. of contracts 5 14 5 6 10 7 47 Total dollar Amount of $15,960.50 $19,923.57 $36,234.06 $55,036.89 $73,330.73$50,634.54 $251,120.29 Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 2 1 0 2 No. of lost workday cases involving permanent 0 0 0 0 0 0 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary—Occupational Injuries and Illnesses, OSHA No. 102. 12 Legal Business Name of Bidder Iloual[a Enterprises Ltd. dba Metro Builders & Engineers Group, Ltd. Business Address: 2610 Avon Street, Newport Beach, CA 92663 Business Tel. No.: (949) 515-4350 State Contractor's License No, and Classification: 597589; A, B, & C -l0 Title Corporation The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date 4/4/17 t Title Signature of bidder President r N/A Date Title Signature of bidder N/A Date Title Signature of bidder NSA Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 13 >--- ,,. •� - ',- �-_ -4. '`\ - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of __ ) On �1u__...__....__..._._ before me, Date Here fn rt Name anq Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be thnj whose name re bscribed to the within instrument and acknov dged to me that e/ttSey executed th same in is r/their authorized capacityW, , and that by iss er/their signatur the instrument the person it o entity upon behalf of w h the person;practed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .t SHELLY JEAN IRVINE k Commission # 2018404 Notary Puolic . California i Signature Grarge county n _..a S natu f P otary Public 7.�+-.. MS^ am�'�xores Apr 1. 2077 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: __ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ! 'Corporate Officer — Title(s): i Partner — L} Limited ` General Individual Attorney in Fact Trustee Guardian or Conservator L' Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): Partner — ❑ Limited E General D Individual Attorney in Fact i Trustee i Guardian or Conservator { Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach MARINA PARK SEAT WALL Contract No. 8444-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Metro Builders & Engineers Group, Ltd. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 14 City of Newport Beach MARINA PARK SEAT WALL Contract No. 8444-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Metro Builders & Engineers Group, Ltd. Business Address: 2610 Avon street, Newport Beach, CA 92663 Telephone and Fax Number: (949)5154350;(949)5154351 Califomia State Contractor's License No. and Class: 597589; A, B, & C-10 (REQUIRED AT TIME OF AWARD) Original Date Issued: 7/3/90 Expiration Date: 7/31118 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Caesar Patlan The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Fouad Houalla President 2610 Avon Street, Newport Beach, CA 92663 (949) 515-4350 Corporation organized under the laws of the State of California 15 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. N/A For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor com liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /VJ 16 Are any claims or actions unresolved or outstanding? Yes 16 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Metro Builders & Engineers Group, Ltd. Bidder Fouad tloualla, President (Print name of ner or President of Gorporatlpq omparl President Title 4/4/17 Date On 4/4/17 before me, Shelly Jean Irvine , Notary Public, personally appeared Fouad Houalla who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public in and for said State My Commission Expires: 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California �ryy } County of t t 0 } On � 11 f before me,(1&4 Q� Date HeM Insert Name and Title of the Officer personally appeared �FcY,to.�% cNtscl�s Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be thersonW'whose namP,( &are /scribed to the within instrument and ackn ledged to me that he he/they executed the same in Wier/their authorized capacit�and that i he signature n the instrument the person(s), or the entity upon behalf of which the person(, executed the nstrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph �.v is true and correct. ,r SHELLY JEAN IRVIN r WITNESS my hand d official seal. Commission 2018A04 ` z i Notary Pubic - California Z range county Signature — r Corim g „=ex API r, ppp 4*ofubfic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: U Corporate Officer — Title(s): C? Partner — 17 Limited ❑ General Li Individual Attorney in Fact ❑ Trustee I Guardian or Conservator 7, Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): L Partner — LI Limited ❑ General Ci Individual it Attorney in Fact f 'Trustee ❑ Guardian or Conservator F' Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotery.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 .� r y "� � � � � ( 1 � �i City of Newport Beach MARINA PARK SEAT WALL Contract No. 8444-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Cerfificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of Insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's fortes, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL MARINA PARK SEAT WALL CONTRACT NO. 8444-1 To The Honorable City Council 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. 84441 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 wft: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization /Demobilization / Traffic Controls a psve, `(h'twa Dollars and ayy Cents $ 6mo • 0 Per Lump Sum 2. Lump Sum Sand Handling and Compaction (� F,$y1f Tikas� Dollars and ifr0 Cents $ 110601 0 Per Lump Sum 3. 250 LF Construct Integrally Colored Reinforced Concrete Seat Walls @ w Ih Aea MY Fru/ Dollars Twwiii- Cen s $ �{I �I.ao $ ` 0 MAD Per Linear Foot PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 270 LF Install Joint Seal @ F Igh- e n Dollars yn and -h FI`iy IV40 Cents $ ( i $ o d.0o Per Llnear�' Foot 5. 100 SF Construct Minimum 4" Thick Integrally Colored Reinforced Concrete Panel @ �11fi y FNS Dollars and Cents $ U17 $ 3,57.09 Per Square Foot FiPr6SCmT{wudo A Fiv& {{UR" RN Dollars and 20'0 Cents $_a6,10,00 Total Price (Figures) No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement forbid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 414/17 Metro Builders & Engineers Group, Ltd. Date Bidder (949) 515-4350; (949) 515-4351 Fouad Houalla, President Bidders Telephone and Fax Numbers Bidders uthoriz d Signature and Title 597589; A, B, & C-10 2610 Avon St, Newport Beach, CA 92663 Bidders License No(s). Bidder's Address and Classification(s) DIR Registration Number: 1000002925 Bidders emall address: estimatingCametmbuilders.com CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MARINA PARK SEAT WALL CONTRACT NO. 8444-1 INTRODUCTION SP1 OF 8 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Drawing P -5247-S; (3) the City's Standard Soecial Provisions and Standard Drawings for Public Works Construction, (2009 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 viewed on the Public Works Department website. 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) mobilization and demobilization, (2) traffic controls, (3) sand handling and compaction, (4) construct integrally colored reinforced concrete seat walls, (5) construct integrally colored concrete panel, (6) install non -shrink elastromeric joint seal, and (7) Clean Up." SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this Section with, SP2OF8 "(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.` 6-7 TIME OF COMPLETION 6-7.1 General. Add to this Section: "The Contractor shall complete all work under Contract within twenty (20) consecutive working days from the Notice To Proceed. SP3OF8 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 1$1 (New Years Day), the third Monday in January (Martin Luther King Day), the third Monday in February (Presidents Day), the last Monday in May (Memorial Day), July 4t', the first Monday In September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31$' (New Years Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday Is a holiday. If January 15r, July 4th, November 11th December 24th December 25th or December 31st falls on a Saturday, the Friday before is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:00 AM to 3:00 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 3:00 PM to 6:30 PM on weekdays. A request for waking 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 sh'rft. 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 twenty (20) 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 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, and continuous sequence so as to SP40F8 minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of the 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: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. Water used during construction shall be paid for by the Contractor.° 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 websfte at www.newoortbeachca.siov/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 stone 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. 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 must 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 SP5OF8 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 Citys Municipal Code. 7.8.8 Cleanliness. The worksite shall be clean and free of debris at the and 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 within a portion of the adjacent Bay Avenue municipal parking lot. 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 on the beach and has many daily visitors. 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.0 7-10.5 "No Parking — Tow Away" 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) 6443717 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. SP6OF8 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 specific 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 / Demobilization / Traffic Controls: 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 and protection; traffic control devices and signage; dally job site cleanup; and all other related work as required by the Contract Documents. A bid bond is not required as a part of the bid submittal. SP70F6 Item No. 2 Sand Handling And Compaction: Work under this item shall include all cost of excavating; stockpiling; recompacting sand to minimum 95% relative compaction to receive the new concrete Improvements; and spreading of the existing beach sand as shown on the Drawing. This work shall be performed with hand or electric tools that will not contaminate the beach sand with leaked fluids. The final sand profile shall have a smooth and gentle slope that fits well with the existing beach. If the final sand profile is determined by the City as unacceptable, the contractor shall re - profile the sand at no additional cost to the City. The cost of sand contamination cleanup due to the Contractor's operations shall be bome by the Contractor. The method of mechanical compaction shall be approved by the Engineer in advance. Item No. 3 Construct Integrally Reinforced Colored Concrete Seat Walls: Work under this item shall include all of the costs of preparing the site to receive the improvements; Installing purple epoxy coated reinforcing bars and cages; notches; spacers; edges; chamfers; and all other details and features shown on the Drawing. Payment shall be made as measured along the edge of the existing sidewalk. Item No. 4 Install Joint Seal: Work under this Item shall Include all of the costs to furnish and install Sikaflex 2C -NS sealant per manufacturer's instructions. Said sealant shall be of a color that either matches or blends in closely with the new seat wall finish. Item No. 5 Construct Minimum 4" Thick Integrally Reinforced Colored Concrete Panel: Work under this Item shall Include all of the costs of preparing the site to receive the Improvements; installing purple epoxy coated reinforcing bars; monolithic thickened edges; and sloped to drain. Payment for the thickened edges shall have been included In the unit bid price and no additional compensation shall be made. 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-3250." 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be purple epoxy coated #4 Grade 60 steel bars conforming to ASTM A 615." SP8OF8 PART 3 CONSTRUCTION METHODS 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 within 72 hours following concrete placement. 2. All excavated areas shall be covered and secured from the public whenever no work Is being performed at that location." 303-5.5 Finishing 303-5.5.3 Walk. Add to this Section: "Flatwork finish shall drain toward the beach." EXHIBIT B INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION Provision of 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, 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. 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 the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's 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 Employer's Liability Insurance in accordance with California law for all of the subcontractor's 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. 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 Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page B-1 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). 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. 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. Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page B-2 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 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 anytime. B. City's Right to Revise Reguirements. The 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 insurance required from subcontractors. For CGL coverage, subcontractors shall provide 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 Section 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 Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page B-3 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 orelimination 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. 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 insurance 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 & Engineers Group, Ltd. Page B-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: 5/9/17 Dept./Contact Received From: Raymund Date Completed: 5/9/17 Sent to: Raymund By: Alicia Company/Person required to have certificate: Metro Builders & Engineers Group Type of contract: I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11/1/16-11/1/17 A. INSURANCE COMPANY: Travelers Indemnity Company of CT 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 (Must be $1M 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?) 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: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: 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: 11/1/16-11/1/17 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 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 11/1/16-11/1/17 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): ® Yes []No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: (i I 5/9/17 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ 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: Approved: Risk Management Date * Subject to the terms of the contract. Executed in Duplicate Bond No. 4411649 Premium is included in the Performance Bond. EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 4411649 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. hereinafter designated as the "Principal," a contract for the Construction of Marina Park Seat Wall located at Marina Park, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, SureTec Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Fifty Seven Thousand Five Hundred Fifty dollars ($57,550.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, In an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomeys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 at seq. of the Civil Code of the State of California. Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. C-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from Its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has been duly executed by the above named Principal and Surety, on the 9th day of May , 2017 Metro Builders & Engineers Group, Ltd. Name of Contractor (Principal) SureTec Insurance Company Name of Surety 1330 Post Oak Blvd. Suite 1100 Houston TX 77056 Address of Surety (619) 400-4100 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE :! Aararf C. Harp City Attorney cQW1 By, Authorized Slgnatur`e/Title Fouad Houalla, President Agent Signature V Jase Hamilton, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTA CHED Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. C-2 POA #: 510030 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jeffrey W. Cavignac, James P. Schabarum II, Jase Hamilton its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 5/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'x' of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 19th day of February, A.D. 2015 _ °„aAN SURETEC INSURANCE COMPANY U��*............ )( By: W i j y= John nox Jr: resident State of Texas ss: 7� ; 5 .' 2= Y:` County of Harris •• '` �*s M�xinxnm*uonMAa On this 19th day of February, A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. ��,avruB� JACQUELYN MALDONADO Notary Public State of Texas N,�OF'y My Comm. Exp, 5/18/2017 Jacq elyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. MAY 0 9 2017 Given under my hand and the seal of said Company at Houston, Texas this day of , A.D. . Breift Beaty; Assistant Secretary Any instrument issued in excess of the penalty stated above is vitally void and without any validity. For verification of the authority of this power you may call i?1 z) 812-0800 any business day between 8:00 am and 5:00 pm CST. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 11 State of California County of San Diego } SS. On May 9th , 20 17 before me, Erin Ashley Greene Notary Public, personally appeared Jase Hamilton , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ERIN ASHLEY GREENE Notary Public - California WITN my d and official seal. San Diego County � Commission # 2158050 My Comm. Expires Jun 25, 2020, igna (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ^ }ss. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their slgnatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. C-3 CALIFORNIA•ACKNOWLEDGMENT CIVIL CODE § 1189 ��.. _a _a _ _a .a¢_a a _a _a � ae��_a¢_a _a _a•..aC_a .a¢..a _a _a .a• a�t��_a¢�.•_a•_a¢.a.�.•�.•_a¢�._aC_a¢.a¢_a¢�•_ae� �.•� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 60Aa.c ) On VA OJA Ok 2b L! before me, Date _Here 1 ert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose namj�K(Qiare cribed to the within instrument and acknovylged to me that&she/they executed the same in his/ er/their authorized capacity(), and that by er/their signatureLoron the instrument the person(e , or the entity upon behalf of which the perso�>) acted, executed the Instrument. SHELLY JEAN IRVINE Notary Public -California z z Orange County n ' Commission # 2195265 My Comm. Expires May 1, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my harA and official seal. Signatu Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee i=1 Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Executed in Duplicate EXHIBIT D CITY OF NEWPORT BEACH BOND NO._ 4411649 FAITHFUL PERFORMANCE BOND Bond No. 4411649 Premium: $829.00 Premium is for Contract Term and is subject to adjustment based on the Final Contract Price. The premium charges on this Bond is $ 829.00 , being at the rate of . First $500K at $14.40 per thousand, Next $2M at $8.70 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. hereinafter designated as the "Principal," a contract for the Construction of Marina Park Seat Wall located at Marina Park In the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and SureTec Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Fifty Seven Thousand Five Hundred Fifty dollars ($57,550.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, Its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City Is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group,Ltd. Page 10-1 thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 9th day of May , 20 17 . Metro Builders & Engineers Group, Ltd, By: Name of Contractor (Principal) Author' ed Signature/Title Fouad Houalla, President A l SureTec Insurance Company Name of Surety 1330 Post Oak Blvd. Suite 1100, Houston, TX 77056 Address of Surety (619) 400-4100 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE mon C. Harp City Attorney 05-15-14 Agent Signature Jase Hamilton, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group,Ltd. Page D-2 POA #: 510030 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jeffrey W. Cavignac, James P. Schabarum II, Jase Hamilton its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 5/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 19th day of February, A.D. 2015 a„„„U,AN w�� SURETEC INSURANCE COMPANY ...qF 0 By: UJ ` w ; n= John nox Jr: resident State of Texas ss: Er. ;2 5 ' _- County County of Harris s `M�M1II,INIIIII*11111��+�� On this 19th day of February, A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. EaJACQUIELYN MALDONADONotary Publictate of Texasmm. Exp. 5/18/2017 Jacq elyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. MAY 0 9 2017 Given under my hand and the seal of aaid Comppmy at Houston, Texas this day of , A.D. M. Bre t Beaty, Assistant ecretary Any instrument issued in excess of the penalty slated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego }ss. On May 9th , 20 17 before me, Erin Ashley Greene , Notary Public, personally appeared Jase Hamilton , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is t d correct. ERIN ASHLEY GREENE Notary Public - California WIT y h and official seal. d -; San Diego County a Commission # 2158050 My Comm. Expires Jun 25 2020'; ignature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Houaila Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Page D-3 CALIFORNIA•ACKNOWLEDGMENT CIVIL CODE § 1189 a•.. _a_ MM as �4_s� _c�C_.�.. atm .cam _a _sa _n .a ..�t...c�. _c� _ca 2�J.:�, _�. _a�CC...a t_- t..�t_a _c�t.Tt�t •. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of , � ((1(MM/�,A� On v l .2i nr before me, D to personally appeared and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be tt person�s'rwhose namin�re rsatascribed to the within instrum nt and acknrapbt�dged to me tha / he/t ey executed the same I Is/ er/their authorized capaci les), and that by her/their signaturVon the instrument the perso or the entity upon behalf of which the persop(t� acted, executed the instrument. SHELLY JEAN IRVINE / ^W Notary Public -California Z Z z Orange County n Z Commission k 2195265 My Comm. Expires May 1, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Signatu of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ,❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee C Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www. National Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907