HomeMy WebLinkAboutC-7600-1 - Contract for the Construction of Public Works Lifeguard Headquarters Stingray Treatment Washdown Area1
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NO AMENDMENT NO. ONE TO THE CONTRACT FOR THE
f CONSTRUCTION OF PUBLIC WORK
V LIFEGUARD HEADQUARTERS STINGRAY TREATMENT WASHDOWN AREA
WITH HOUALLA ENTERPRISES, LTD.
THIS AMENDMENT NO. ONE TO THE CONTRACT FOR THE CONSTRUCTION
OF PUBLIC WORK ("Amendment No. One") is made and entered into as of this 28th day
of June, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and HOUALLA ENTERPIRSES,
LTD., a California corporation ("Contractor"), whose address is 2610 Avon Street, Unit A,
Newport Beach, CA 92663, and is made with reference to the following:
RECITALS
A. On April 1, 2019 City and Contractor entered into a Contract for the Construction
of Public Work ("Contract") to engage Contractor to cut, cap, and abandon portions
of the existing water and sewer lines at the Newport Beach Lifeguard Headquarters
(LGHQ); sawcut and dispose of select portions of the existing parking lot
pavement; furnish and install sand interceptor, construct new utility services;
construct depressed concrete "drain pan"; furnish and install drain grate; backfill
and compact native; install new sewer to connect to and intercept existing sewer
line; construct reinforced concrete seat wall; relocate and reattach existing
interfering wall cabinet and improvements; construct overhead cover; and
complete all other work shown on the Plans, as more fully described in the Contract
Documents. ("Project").
B. The parties desire to enter into this Amendment No. One to supplement additional
change order work into the Proposal, increase the compensation due to additional
change order work, and to extend the term of the contract to September 30, 2019.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Contract is amended in its entirety and replaced with the following:
"The term of this Contract shall commence on the Effective Date, and shall terminate on
September 30, 2019, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit B to the Agreement shall be supplemented to include the additional change
order work in the Proposal, attached hereto as Exhibit B and incorporated herein by
reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to this Amendment
No. One shall collectively be known as "Exhibit B."
3. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 Three Hundred Seventy Eight
Dollars and 00/100 ($57,378.00) less any money deducted pursuant to Section 3.2.
Contractor shall not receive any additional compensation unless approved in writing in
advance by City's Project Administrator as defined herein. City shall make full payment
to Contractor no later than thirty (30) calendar days after acceptance of the Work by City.
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Eleven Thousand Six Hundred Fifty Eight Dollars and 00/100 ($11,658.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Houalla Enterprises, Ltd. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California mun. ipal corporation
Date: 4 • � -1" 1
Fo(.Aaron C. Harp �� Da 'd A. Webb
City Attorney ac, Public Works Director
ATTEST:
Date: 0
f
By.
&Y)-".—
Leilani I. Brown
City Clerk
r,�U Po��
CONTRACTOR: Houalla Enterprises,
Ltd., a California corporation
Date:
Signed in Counterpart
By.
Fouad Houalla
Chief Executive Officer/Secretary
n
[END OF SIGNATURES]
c
Attachments: Exhibit B - Proposal
Houalla Enterprises, Ltd. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 7 / - 5 %'c-)(9
f Aaron C. Harp \a
City Attorney p't_O
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
David A. Webb
Public Works Director
CONTRACTOR: Houalla Enterprises,
Ltd., a California corporation
Date: -7 b -A I vq
By.--
Fouad
y:Fouad
Chief I
oualla
ecutive Officer/Secretary
[END OF SIGNATURES]
Exhibit B — Proposal
Houalla Enterprises, Ltd. Page 3
EXHIBIT B
PROPOSAL
Houalla Enterprises, Ltd. Page B-1
Exhibit B
7600-1 LIFEGUARD HEADQUARTERS STINGRAY TREATMENT WASHDOWN AREA
Change Order Work to be Performed:
Change Order 1:
1.1 Radar Testing
1.2 Demo & dispose of unforeseen
1.3 Construct additional concrete pavement per City direction
1.4 Refinish shade cover
Subtotal: $3,858.00
Change Order 2:
2.1 Remove Existing Diverter
2.2 Remove existing cabinet
2.3 Core drill through existing masonry wall
2.4 Run new hot and cold %" copper pipeline with pipe insulation
2.5 Anchor stainless steel enclosure to existing building
2.6 Reinstall cabinet after startup testing
2.7 Install Acorn M1758 -E500-3 16" x 24" enclosure with thermostatic valve, check valve, hose bib
2.8 Labor & material for installation
Subtotal: $5,800
Contingency: $2,000
Total: $11,658.00
CITY CuRx
A
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CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK
f LIFEGUARD HEADQUARTERS STINGRAY TREATMENT WASHDOWN AREA
WITH HOUALLA ENTERPRISES, LTD. DBA METRO BUILDERS & ENGINEERS
GROUP, LTD.
THIS CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK ("Contract') is
made and entered into as of this 1st day of April, 2019 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and Houalla Enterprises, Ltd., a California corporation, doing business as ("DBA") Metro
Builders & Engineers Group, Ltd., ("Contractor"), whose principal place of business is 2610
Avon Street, Unit A, 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 cut, cap, and abandon portions of the
existing water and sewer lines at the Newport Beach Lifeguard
Headquarters (LGHQ); sawcut and dispose of select portions of the existing
parking lot pavement; furnish and install sand interceptor; construct new
utility services; construct depressed concrete "drain pan'; furnish and install
drain grate; backfill and compact native; install new sewer to connect to and
intercept existing sewer line; construct reinforced concrete seat wall;
relocate and reattach existing interfering wall cabinet and improvements;
construct overhead cover; and complete all other work shown on the Plans,
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 13 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 June 30, 2019, 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, Instructions to Bidders, Proposal,
and Designation of Subcontractors, attached hereto as Exhibit A; Proposal, attached
hereto as Exhibit B; Insurance Requirements, attached hereto as Exhibit C; Labor and
Materials Payment Bond attached hereto as Exhibit D; Faithful Performance Bond,
attached hereto as Exhibit E; all Project Permits; the Standard Special Provisions and
Standard Drawings; Plans and Special Provisions for Contract No. 7600-1; Standard
Specifications for Public Works Construction (current adopted edition and all
supplements); and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"). Exhibits A, B, C, D and E, and all other named
Contract Documents, are incorporated herein by reference. The Contract Documents
comprise the sole agreement between the parties as to the subject matter therein. Any
representations or agreements not specifically contained in the Contract Documents are
null and void. Any amendments must be made in writing, and signed by both parties in
the manner specified in the Contract Documents.
2.2. Scope of Work. Contractor shall perform everything required to be
performed, and shall provide and furnish all the labor, materials, necessary tools,
expendable equipment and all utility and transportation services required for the Project
as identified in the Contract Documents ("Work' or "Services").
2.3. All of the Work to be performed and materials to be furnished shall be in
strict accordance with the provisions of the Contract Documents. Contractor is required
to perform all activities, at no extra cost to City, which are reasonably inferable from the
Contract Documents as being necessary to produce the intended results.
3. TIME OF PERFORMANCE
3.1. Time is of the essence in the performance of Work under this Contract and
Contractor shall complete the Work within 13 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 13 Working days from the date of issuance of the Notice to Proceed,
Contractor agrees to the deduction of liquidated damages in the sum of Three Thousand
Dollars ($3,000.00) 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 Forty Five Thousand Seven Hundred Twenty Dollars
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 2
($45,720.00), less any money deducted pursuant to Section 3.2. Contractor shall not
receive any additional compensation unless approved in writing in advance by City's
Project Administrator as defined herein. City shall make full payment to Contractor no
later than thirty (30) calendar days after acceptance of the Work by City.
4.2. This compensation includes:
4.2.1. Any loss or damage arising from the nature of the Work;
4.2.2. Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
4.2.3. Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during the
term of the Contract. Contractor has designated Fouad Houalla to be its Project Manager.
Contractor shall not remove or reassign the Project Manager without the prior written
consent of City. City's approval shall not be unreasonably withheld.
6. ADMINISTRATION
This Contract shall be administered by the Public Works Department, City's Public
Works Director, or designee, shall be the Project Administrator and shall have the authority
to act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Contract.
7. TYPE AND INSTALLATION OF 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.
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 3
7.4. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Contract, all applicable federal, state and local laws, and legally recognized professional
standards.
7.5. Contractor represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Contract.
7.6. Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
8. CHANGE ORDERS
8.1. This Contract may be amended or modified only by mutual written
agreement of the parties.
8.2. The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
8.3. There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1. City and its elected or appointed officers, agents, officials, employees and
volunteers 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 or from 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
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 4
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
9.4. Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
9.5. Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
9.6. To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7. Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
9.8. The rights and obligations set forth in this Section shall survive the
termination of this Contract.
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
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 5
may appear to give City the right to direct Contractor as to the details of the performance or
to exercise a measure of control over Contractor shall mean only that Contractor shall follow
the desires of City with respect to the results of the Work.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work to
be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to ensure
the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and/or designee
informed on a regular basis regarding the status and progress of the Project, activities
performed and planned, and any meetings have been scheduled or are desired.
14. 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 E 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 D 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.
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 6
15. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
Work, Contractor shall obtain, provide and maintain at its own expense during the term of
this Contract or for other periods as specified in this Contract, policies of insurance of the
type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit C and incorporated herein by reference.
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 perdiem wages including legal holidays and overtime
Work for each craft or type of workman needed to execute the Work contemplated under
the Contract shall be paid to all workmen employed on the Work to be done according to
the Contract 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 perdiem 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.
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. PREVAILING WAGES
If both the Davis -Bacon Act and State of California prevailing wage laws apply and
the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per
diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive,
Newport Beach, California 92660, and are available to any interested party on request.
18. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the Work to be performed
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or co -tenant if Contractor is a partnership or joint -venture or
syndicate or co -tenancy, which shall result in changing the control of Contractor. Control
means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more
of the assets of the corporation, partnership or joint -venture.
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 7
19. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project are
identified in the Proposal attached as Exhibit B. Contractor shall be fully responsible to City
for all acts and omissions of any subcontractors. Nothing in this Contract shall create any
contractual relationship between City and subcontractor, nor shall it create any obligation on
the part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Work to be performed
under this Contract shall not be otherwise assigned, transferred, contracted or
subcontracted out without the prior written approval of City.
20. OWNERSHIP OF DOCUMENTS
20.1. Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Contract, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20.2. 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.
�11�:7Xdi77��'?
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.
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 8
22. 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.
23. CONFLICTS OF INTEREST
23.1. Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seg., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
23.2. If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Contract by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
24. NOTICES
24.1. 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.
24.2. 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
24.3. 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. Page 9
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group,
Ltd.
2610 Avon Street, Unit A
Newport Beach, CA 92663
25. NOTICE OF CLAIMS
27.1 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.).
27.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract
Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute
resolution process set forth therein. Any part of such "Claim" remaining in dispute after
completion of the dispute resolution process provided for in Public Contract Code section
9204 or any successor statute thereto shall be subject to the Government Claims Act
requirements requiring Contractor to file a claim in strict conformance with the Government
Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, Contractor shall be required
to file such claim with the City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26. TERMINATION
26.1. In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
26.2. 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.
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 10
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
27. 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.
28. STANDARD PROVISIONS
28.1. Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
28.2. 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.
28.3. 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.
28.4. 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.
28.5. 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.
28.6. 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.
28.7. Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 11
28.8. 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.
28.9. 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.
28.10. 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.
28.11. 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.
28.12. 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 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: 4A.5/Zo(q
By:
Foe= Aaron C. Harp���q
City Attorney
ATTEST: ,,``
Date: `�. � Reip
rkLeilani . Brown
1''il
W
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: Pi,1(0,(1
By: ' 11(+Zt f4, tleA
David A. Webb
Public Works Director
CONTRACTOR: Houalla Enterprises,
Ltd., a California corporation, doing
business as ("DBA") Metro Builders &
Engineers Group, Ltd.
Date:
Signed in Counterpart
By:
Fouad Houalla
Chief Executive
[END OF SIGNATURES]
Attachments: Exhibit A — Request for Proposals/Bids
Exhibit B — Proposal
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
Officer/Secretary
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 13
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: VJS/Zo(q
Foe: Aaron C. Harp �G
City Attorney��
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
David A. Webb
Public Works Director
CONTRACTOR: Houalla Enterprises,
Ltd., a California corporation, doing
business as ("DBA") Metro Builders &
Engineers Group, Ltd.
r)afa• 4/15/2019
Fouad
Chief I
[END OF SIGNATURES]
Attachments: Exhibit A — Request for Proposals/Bids
Exhibit B — Proposal
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
Officer/Secretary
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page 13
EXHIBIT A
REQUEST FOR PROPOSALS/BIDS
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page A-1
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed written 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 15th day of February, 2018,
at which time such bids shall be opened and read for
LGHQ Stingray Treatment Washdown Area
Contract No. 7600-1
$ 40,000
Engineer's Estimate
Approved by
Ac in City Engineer
There is NO pre-bid meeting scheduled for this Project.
No Bid Bond is due at Bid Opening.
The low bidder shall submit Bid Bond by Noon on February 17, 2019.
Prevailing wages are required on this project.
Prospective bidders may obtain Bid Documents via the Project Manager
Contractor License Classification(s) required for this project: `B"
For further information, call Fong Tse, Project Manager at (949) 644-3321 or
ftseon ewpo rtbe ac he a. gov
City of Newport Beach
LGHQ STINGRAY TREATMENT WASHDOWN AREA
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed and received by the Public Works
Department in accordance with this NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
DESIGNATION OF SUBCONTRACTORS
INFORMATION REQUIRED OF BIDDER
NON -COLLUSION STATEMENT
PROPOSAL
The Public Works Department will open and read the bid results immediately following the Bid
Due Date.
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 any bonding and/or legal agents prior to
submission of bid.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. 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.
7. 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.
8. 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 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.
9. The Contractor shall be responsible for ensuring 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".
2
10. 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)].
11. 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.
12. This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Labor Code Section 1725 5 may not apply to work performed on a public works project
of twenty-five thousand dollars (S25.000) or less when the project is for construction.
alteration. demolition installation. or repair work or to work perforrned on a public
works project of fifteen thousand dollars (S15.000) or less when the project is for
maintenance work
13. 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.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been reviewed.
597589; A/B/C-10/C-51 President
Contractor's License No.(s) & Classification(s) Authorized
1000002925; Exp: 6/30/2019
BIR Registration Number & Expiration Date
Fouad Houalla
Metro Builders & Engineers Group, Ltd.
Bidder's Name and Company Name
4
02/15/2019
Date
City of Newport Beach
LGHQ STINGRAY TREATMENT WASHDOWN AREA
DESIGNATION OF SUBCONTRACTORS)
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
%of
Number
Total Bid
Name: N/A
Address:
Phone:
State License Number:
DIR No./Expiration:
Email Address:
Name:
Address:
Phone:
State License Number:
DIR No./Expiration:
Email Address:
Name:
Address:
Phone:
State License Number:
DIR No./Expiration:
Email Address
Metro Builders & Engineers Group, Ltd.
Bidder
Presiden
Authori Signature/Tdle
City of Newport Beach
WHO STINGRAY TREATMENT WASHDOWN AREA
Contract No. 7600-1
NON -COLLUSION STATEMENT
The below signer does hereby affirm that they are 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.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.
Metro Builders & Engineers Group, Ltd. Fouad Houalla, President
Bidder Authorized
y
City of Newport Beach
LGHQ STINGRAY TREATMENT WASHDOWN AREA
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:
Contractor, Company or Corporation: Metro Builders & Engineers Group, Ltd.
Business Address: 2610 Avon St, Newport Beach ,CA 92663
Telephone and Fax Number: Tel: (949) 515-4350; Fax: (949) 515-4351
California State Contractor's License No. and Class: 597589; A/B/C-10/C-51
(REQUIRED AT TIME OF AWARD)
California DIR Registration No and Expiration: 1000002925
(If applicable per Sec. 1725.5, required before submission of bid)
Original Date Issued: 11/19/2014 Expiration Date: 6/30/2019
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:
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 Houalta
President
2610 Avon St, Newport Beach, CA 92663
(949) 515-4350
Fouad Houalla
Secretary
2610 Avon St, Newport Beach, CA 92663
(949) 515-4350
Fouad Iloualla
Chief Financial Officer
26 10 Avon St, Newport Beach, CA 92663
(949) 515-4350
Corporation organized under the laws of the State of California
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 cornliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes No
Are any claims or actions unresolved or outstanding? Yes I0 o
If yes to any of the above, please explain. (Attach additional sheets).
Metro Builders & Engineers Group, Ltd. President
Bidder AuthorizedS' naturefritle
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
LGHQ Stingray Treatment Washdown Area
CONTRACT NO, 7600'
DATE: February 13, 2019 BY:
nt`city Engineer/Project Manager
TO: ALL PLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the contract
documents. All other conditions shall remain the same.
NOTICE INVITING BIDS
1. Low bidder shall submit Bid Bond by 3:00 p.m. on February 19, 2019. Please note
that Monday, February 18, 2019 is a Holiday and City Hall will be closed.
(Attached: Bidder's Bond)
Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may
not be considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
Metro Builders & Engineers Group, Ltd.
Bidder's Name (Please Print)
02/15/2019
Date
Fouad Houalla, President
Authorized Signature & Ti e
7/6/2018 Check A License - License Detail
As
�.
L
! hI CONTRACTORS STATE LICENSE
BOARDC-74 �r4
,,-x
U..
Contractor's License Detail for License # 597589
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this
information, you should be aware of the following limitations.
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the
link or button to obtain complaint and/or legal action information.
Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed.
Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration.
Due to workload, there may be relevant information that has not yet been entered onto the Board's license database.
Business Information
HOUALLA ENTERPRISES LTD
dba METRO BUILDERS & ENGRS' GRP LTD
2610 AVON ST
NEWPORT BEACH, CA 92663
Business Phone Number:(949) 515-4350
license is current and active.
information below should be reviewed.
B - GENERAL BUILDING CONTRACTOR
A - GENERAL ENGINEERING CONTRACTOR
C10 - ELECTRICAL
C51- STEEL, STRUCTURAL
license tiled a contract
J Number: 134973
J Amount: $15,000
:five Date: 09/22/2016
factor's Bond History
Entity Corporation
Issue Date 07/03/1990
Expire Date 07/31/2020
License Status
Classifications
Bonding Information
Contractor's Bond
: NIPANY.
Bond of Qualifying Individual
Data current as of 7/6/2018 2:15:44 PM
ualltying individual FUUAU KIAU HUUALLA certified that he/she owns 10 percent or more of the voting
>t of this company; therefore, the Bond of Qualifying Individual is not required.
.ive Date: 05/17/2018
Bond History
Workers' Compensation
his license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
Policy Number:UB7J948156
tExplre
ffective Date: 11 /01/2017
Date: 11/01/2018
orkers' Compensation History
https:llw 2.cslb.ca.gov/OnlineSe"ices/CheckLicenseli/LicenseDetail.aspx?L!cNum-597589 2/2
City of Newport Beach
LGHQ Stingray Treatment Washdown Area
Contract No. 7600-1
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and several)y held and firmly bound to the City of Newport
Beach, a'charter city, in the principal sum of TEN Percent of Amount Bid
Dollars ($ (10%) ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of the LGHQ
Stingray Treatment Washdown Area, Contract No. 7600-1 in the City of Newport Beach, is
accepted by the City of Newport Beach and the proposed contract is awarded to the Principal, and
the Principal fails to execute the Contract Documents in the form(s) prescribed, including the
required bonds, and original insurance certificates and endorsements for the construction of the
project within thirty (30) calendar days after the date of the mailing of "Notification of Award",
otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing 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.
Witness our hands this 19th day of February 2019.
Metro Builders & Engineers Group, Ltd.
Name of Contractor (Principal) Authojffed Signature/Title Fouad Houalla, President
SureTec Insurance Company
Name of Surety
1330 Post Oak Blvd. Suite 1100
Houston, TX 77056
Address of Surety
(619)400-4100
Telephone
Agent Signature
Jase Hamilton, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & SuretV must be attached)
ACKNOWLEDGMENT
CALIFORNIA R r • :[. ACKNOWLEDGMENT CIVIL CODE
�.:eae: alaeae_a._ <<a _as�ec�e-.¢."ac a�e.�... �e!:c«s�e_ae a«� ae a c a< �e �<-..e ae �e.-..a.�... �.<_�, o �era< :.✓,��..._..
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 Fib . 1 CI t 261 before me, 1 P v C,
Date 4re Insert Na#a and Title of the dfficer
personally appeared_ .fin S -C I -An N Itr in
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the��pperson(s) whose name(s) ire
su cribed to the within instrument and acknowledged to me that &)she/they executed the same in
i er/their authorized capacity(ies), and that baler/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.
BETHANY J. MONGOLD
Notary Public -California
San Diego County e
Commission%2193531 Signature • MOv�4�<C
My Comm.Explres Apr 24,2021 natu a of MbtarylPublic
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:
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:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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, Erin A. Greene, Brittany Aceves
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, recogni2ances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for, providing the bond penalty does not exceed
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 1M112019 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
Attomey-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 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 8th day of Oewmber, A.D. 2017 .
uaallo SURETEC T E ANY
u�,/s„X...•. Foo
u
7 j/ 9 �� By
m\ a° JohnKmox ., resi��}}} nt
State of Texas ss: .y�t /
County of Harris • /
n
On this eth day of oeo,mber, A.D. 2017 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.
ob�`aVn�a, XENIA CHAVEZ
,_Notary Public, State of Texas
: �rV7 Comm. Expires 09.10.2020
Notary ID 129117668 '�avez, Notary Public
y commission expires September 10, 2020
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. FE® Q n
Given under my hand and the seal of said Company at Houston, Texas this d of r DD J J A.D.
. B nt Be ,Assistant Se etary
Any instrument Issued in excess of the penalty stated 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 6:00 pm CST.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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County of
On O C1 oWr1 before me,
ateHere n art Name and Title of the Officer
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who proved to me on the basis of satisfactory evidence to be thgz�
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Orange County
Commission a 2195265
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02016 National Notary Association - www.NatlonalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
City of Newport Beach
LGHQ STINGRAY TREATMENT WASHDOWN AREA
APPENDIX A:
SPECIAL PROVISIONS
APPENDIX B:
SAMPLE CITY CONTRACT (Informal PW)
*Bonds Required for Projects over $25,000
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
LGHQ STINGRAY TREATMENT WASHDOWN Al
Contract No. 7600-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans B -5274-S; (3) the applicable Codes (Current
Edition); (4) the City's Standard Special Provisions and Standard Drawings for Public
Works Construction, (Current Edition), including Supplements; and (5) Standard
Specifications for Public Works Construction (2018 Edition), including supplements.
Copies of the Standard Specifications for Public Works Construction may be purchased
from Building News Inc. (bnibooks.com).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-6 WORK TO BE DONE
This Project consists of cut, cap, and abandon portions of the existing water and sewer
lines at the Newport Beach Lifeguard Headquarters (LGHQ); sawcut and dispose of
select portions of the existing parking lot pavement; furnish and install sand interceptor;
construct new utility services; construct depressed concrete "drain pan"; furnish and
install drain grate, backfill and compact native; install new sewer to connect to and
intercept existing sewer line; construct reinforced concrete seat wall; relocate and
reattach existing interfering wall cabinet and improvements; construct overhead cover,
and complete all other work shown on the Plans.
3-3 EXTRA WORK
SECTION 3 - CHANGES IN WORK
SP 1 of 7
3-3.2 Payment
3-3.2.3 Markup
Replace this section with the following:
"(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, one (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 (prior to any markups) 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 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.4 Inspection and Testing
All material and articles furnished by the Contractor shall be subject to thorough
inspection and no material or article shall be used in the work until it has been
inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full
information as to the progress of the work in its various parts and shall give the
Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection.
Submittals are required for all construction material.
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.
6-1.1 Construction Schedule
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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 the pre -construction meeting.
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 their ability to maintain the approved schedule in the future. Such work
stoppage 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 as follows:
• Bid Opening: February 15, 2019
• Bid Bond due from low bidder: Noon on February 18, 2019
• Schedule of Values Submittal: Noon on February 18, 2019
• Process contract.
• Award Contract: February 26, 2019
• Preconstruction Meeting: March 4, 2019
• Product Submittals: March 4, 2019
• Contract Start Time: March 11, 2019
• Construction Completion: March 27, 2019
6-7.2 Working Days
Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third
Monday in January (Martin Luther King Day), the third Monday in February (President's
Day), the last Monday in May (Memorial Day), July 4th, 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 sc (New Year's Eve). If the holiday falls
on a Sunday, the following Monday will be considered the holiday. If the holiday falls on
a Saturday, the Friday before will be considered the holiday."
6-7.4 Working Hours
Normal working hours are limited to 7:00 AM to 5:00 PM, Monday through Friday. No
work will be allowed between Friday 5:00 PM and Monday 7:00 AM.
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6-9 LIQUIDATED DAMAGES
Revise sentence three to read: "For each consecutive calendar day beyond the March
27, 2019 mandatory completion date, the Contractor shall pay to the City or have
withheld from moneys due it, the daily sum of $3,000.00.
Revise paragraph two, sentence one, to read: "Execution of the Contract shall
constitute agreement by the Agency and Contractor that the above liquidated damages
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 and completing the work on time."
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-7 COOPERATION AND COLLATERAL WORK
To minimize the construction impacts, the Contractor shall:
1. Make every effort to conduct his work in a manner that will not interfere with City
operations.
2. Provide barriers to control construction dust and debris at all times.
3. Remove construction debris from the work site at the end of each work day.
4. Provide trash service for construction personnel.
5. Do not park vehicles in violation of the California Vehicle Code, City Ordinances,
or the posted restrictions.
7-8.4 Storage of Equipment and Materials
7-8.4.3 Storage of Equipment and Materials in Public Streets
Delete the first paragraph and add the following: 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 at the
SP4of7
Contractor's cost if the pavement was damaged by the Contractor's lack of care during
the work.
7-8.5 Temporary Light, Power and Water. Add to this Section: "The Contractor
will have gratis use of the City's water and power during the work."
7-8.6 Water Pollution Control
Add to this Section, "All water used during the work containing mud, silt or other
deleterious material due to the construction shall be treated by filtration or retention in
settling basin(s) sufficient to prevent such material from migrating into any catch basin,
Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the
Construction Runoff Guidance Manual which is available for review at the Public Works
Department or can be found on the City's website at
www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link
Construction Runoff Guidance Manual. Additional information can be found at
www.cleanwaternewport.com."
7-8.6.2 Best Management Practices (BMPs)
Add to this Section: The Contractor shall be responsible for containing any wastewater
or storm water runoff from the project site including, but not limited to the following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for fluid leaks.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The City of Newport Beach will monitor for compliance. Failure of the Contractor to
follow BMP will result in immediate cleanup by City and back -charging the Contractor
for all costs plus 15 percent. The Contractor may also receive a separate
Administrative Citation per Section 14.36.030A23 of the City's Municipal Code.
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access
Add to this Section: "Although not expected on this Project, whenever any portion of the
public sidewalk or roadway adjacent to the work location is impacted by the staging of
materials or equipment, the Contractor shall provide traffic control and access in
SP5of7
accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic
Control Handbook (WATCH), also available at Building News Bookstore.
The Contractor shall furnish and install signage, barricades, construction fencing,
delineators, yellow safety ribbon, and any other measures deemed necessary by the
Engineer to safely direct the public around areas of construction."
7-10.4 Safety
7-10.4.1 Safety Orders
Add to this Section: "The Contractor shall be solely and completely responsible for
conditions of the job -site, including the safety of all persons and property during
performance of the work. The Contractor shall fully comply with all State, Federal and
other laws, rules, regulations, and orders relating to the safety of the public and
workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
7-10.5 "No Parking" Signs
The Contractor shall install, maintain in place, and notify the City's Police Department at
(949) 644-3717 for verification of posting at least forty-eight hours in advance of the
need for enforcement of the posted "NO PARKING -TOW AWAY" signs. The signs will
be provided by the City at no cost to the Contractor. However, the City reserves the
right to charge $2.00 per sign following any excessive abuse or wastage of the signs by
the Contractor. The City of Newport Beach "Temporary Tow -Away, No Parking" signs
are available from the Public Works Department.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample
of the completed sign shall be reviewed and approved by the Engineer prior to posting.
7-15 CONTRACTOR'S LICENSES
From the time of contract award until work completion, the Contractor shall possess a
valid General Building Contractor "B" License issued by the State of California. The
Contractor and all sub -contractors shall possess a valid City Business License
throughout the work duration.
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
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9-2.1 Schedule of Values
Add this Section to read, 'The apparent low bidder, upon 48 hours of bid opening, shall
submit a Schedule of Values to the Engineer, listing the individual cost of each work
item that make up the amount bid."
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The lump sum prices bid for each item of work shown on
the Proposal shall include full compensation for furnishing the labor, materials, tools,
equipment, and doing and completing all the work complete in place and no other
compensation will be allowed thereafter. Payment for customary incidental items of
work not separately listed, but are necessary to complete the work, shall be included in
the prices shown. The following items of work pertain to the bid items included within
the Proposal:
Item No. 1 Construct Improvements: This bid Item shall include all of the costs to
provide labor, materials, equipment, tools, insurance, bonds, scheduling, Schedule of
Values, project management and coordination, and to furnish, perform, and complete
all of the work shown on the Plans and these Specifications.
Item No. 2 As -Built Plans: This bid Item shall include all of the costs to provide labor,
materials, equipment, tools, and other items necessary to make and submit the as -built
plans to the satisfaction of the Engineer at work completion. The City will not release
final payment to the Contractor without the completed As-Builts.
9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the
following: "From each progress payment, five (5) percent will be retained by the City,
and the remainder less the amount of all previous payments will be paid."
Add to this Section: "Partial payments for mobilization and traffic control shall be
made in accordance with Section 10264 of the California Public Contract Code."
PART 2 CONSTRUCTION MATERIALS
SECTION 215 ---BUILDING CONSTRUCTION MATERIALS
215-1 BUILDING MATERIALS
- Concrete shall be 560-C-3250 or higher strength as specified on the Plans.
Reinforcing bars shall be purple epoxy coated.
HSS shall be painted two coats of oil base `Rust-Oleum Stops Rust Protective
Enamel' to match existing building exterior garage wall color.
SP7of7
EXHIBIT B
PROPOSAL
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page B-1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
LGHQ STINGRAY TREATMENT WASHDOWN AREA
Contract No. 7600-1
To the Public Works Director
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
PR1of1
The undersigned declares that he has carefully examined the work sites and the Special
Provisions, has a complete understanding of the scope of required work, and hereby
proposes to furnish all materials and labor and perform all work required to complete the
Contract in accordance with the Contract Documents, and will take in full payment therefore
the following prices for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND LUMP SUM TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE
1. Lump Sum Construct Improvements
Forty Five Thousand Three Hundred
@ Seventy Dollars
and
Zero Cents $ 45,370.00
Per Lump Sum
2. Lump Sum As -Built Plans
@ Three Hundred and Fifty Dollars
and
Zero Cents $ 350.00
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
Forty Five Thousand Seven Hundred Twenty Dollars
and zero Cents $ 45,720.00
Total Price (Figures)
02/15/2019 Metro Builders & Engineers Group, Ltd.
Date Bidder
(949) 515-4350 Fouad Houalla, President
Bidder's Telephone and Fax Numbers Bidder's Authorized S' nature and Title
597589; A/B/C-10/C-51 2610 Avon St, Newpbrt Beach, CA 92663
Bidder's License No(s). Bidder's Address
and Classification(s)
Bidder's email address: estimating@metrobuilders.com
EXHIBIT C
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 and
volunteers. Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its elected
or appointed officers, agents, officials, employeesand volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with coverage
at least as broad as provided by Insurance Services Office form CG 00 01, in
an amount not less than one million dollars ($1,000,000) per occurrence, two
million dollars ($2,000,000) general aggregate and two million dollars
($2,000,000) completed operations aggregate. The policy shall cover liability
arising from premises, operations, products -completed operations, personal
and advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page C-1
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this Contract,
including coverage for any owned, hired, non -owned or rented vehicles, in an
amount not less than one million dollars ($1,000,000) combined single limit
for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against City,
its elected or appointed officers, agents, officials, employees and volunteers
or shall specifically allow Contractor or others providing insurance evidence in
compliance with these requirements to waive their right of recovery prior to a
loss. Contractor hereby waives its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each of its
subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials, employees and
volunteers shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to City,
its elected or appointed officers, agents, officials, employees and volunteers.
Any insurance or self-insurance maintained by City shall be excess of
Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten (10)
regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page C-2
insurance shall be kept on file with City at all times during the term of this
Contract. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
B. City's Right to Revise Requirements. 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 Exhibit A are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not intended
by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Contractor maintains higher limits
than the minimums shown above, the City requires and shall be entitled to
coverage for higher limits maintained by the Contractor. Any available
proceeds in excess of specified minimum limits of insurance and coverage
shall be available to the City.
F: Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self-insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self-insured
retention, the self-insured retention must be declared to City. City may review
options with Contractor, which may include reduction or elimination of the self-
insured retention, substitution of other coverage, or other solutions.
Contractor agrees to be responsible for payment of any deductibles on their
policies.
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. Page C-3
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have the
right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option,
be deducted from amounts payable to Contractor or reimbursed by Contractor
upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
J. 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 C-4
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
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 Lifeguard Headquarters Stingray
Treatment Washdown Area located at City of Newport Beach Lifeguard Headquarters, 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,
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 Forty Five
Thousand Seven Hundred Twenty dollars ($45,720.00) 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
attorneys' 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
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd.
by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the
State of California.
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 day of , 20_
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
22
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd.
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd.
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
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.
WITNESS my hand and official seal.
Signature (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
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd.
(seal)
*c111:1111 In
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ being
at the rate of $ 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 Lifeguard Headquarters Stingray Treatment
Washdown Area located at City of Newport Beach Lifeguard Headquarters 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
,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 Forty Five Thousand
Seven Hundred Twenty dollars ($45,720.00) 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.
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group,
Ltd. Page E-1
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
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 day of 20_
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
M
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group,
Ltd. Page E-2
t!•Li.VEy49IN4916T,laalr
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
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.
WITNESS my hand and official seal.
Signature (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)
Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd.
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach *
Date Received: 4/18/19 Dept./Contact Received From: Raymund
Date Completed: 4/18/19 Sent to: Raymund By: Jan
Company/Person required to have certificate: Metro Builders & Engineers Group, Ltd.(Lifeguard HQ)
Type of contract: Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 11/1/18 —11/1/19
A.
INSURANCE COMPANY: Travelers Indemnity Company of CT
B.
AM BEST RATING (A-: VII or greater): A++/ XV
INSURANCE COMPANY: Travelers Property Casualty Company
C.
ADMITTED Company (Must be California Admitted):
B.
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1M/$2M/$2M
E.
ADDITIONAL INSURED ENDORSEMENT—please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
Is Company admitted in California?
include): Is it included? (completed Operations status does
❑ No
D.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
COMPLETED OPERATIONS ENDORSEMENT (completed
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
N/A
its officers, officials, employees and volunteers): Is it
F.
ADDITIONAL INSURED WORDING:
included?
® Yes ❑ No
1.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
® N/A
❑ Yes
is not limited solely by their negligence) Does endorsement
I.
NOTICE OF CANCELLATION:
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: 11/1/18 —11/1/19
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 $1M 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.
ADDITIONAL INSURED WORDING:
❑ N/A
® Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
® Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
® N/A
❑ Yes
❑ No
I.
NOTICE OF CANCELLATION:
❑ N/A
0 Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 11/1/18— 11/1/19
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 $1 M 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
VI BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent ofAlliant Insurance Services
Broker of record for the City of Newport Beach
4/18/19
Date
® 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
* Subject to the terms of the contract.
Date