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HomeMy WebLinkAboutC-7600-1 - Contract for the Construction of Public Works Lifeguard Headquarters Stingray Treatment Washdown Area1 A 0 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 Q 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 s; ,z -r - .-� -- - r,�rchi, •rar,> e>r�r,�r,�rM:r,..,,..,.v,.._..,..�.. -a�vza>i�be .CAN 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 Californiaaa ) County of On O C1 oWr1 before me, ateHere n art Name and Title of the Officer personally appeared Fa.(adl aLL, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be thgz� hose name)a) bare scribed to the within instrument and ackno dged to me that a he/they executed the same i rl his her/their authorized capacityfj , and that by Is er/their signatures n the instrument the persong, or the entity upon behalf of which the perso acted, executed the in trument. SHELLY JEAN IRVINE ■ Notary Public - California [ Orange County Commission a 2195265 My Comm. Expires May 1, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -� ®''� • f�• e 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: 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 SP2of7 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. SP3of7 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 SP6of7 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