HomeMy WebLinkAboutC-3004(DD3) - Utilities Yard Site and Building Improvements - Phase IIL JJ
. June 8, 1998
CITY COUNCIL AGENDA
ITEM NO. 9
BY THE C1T COUh.CtL�
CITY 7P NFsNPC -•r? RFACH
TO: Mayor and Members of the City Council ?
JUN .- 8
FROM: Public Works Department }
SUBJECT: NOTICE OF COMPLETION - UTILITIES YARD SITE`AN
IMPROVEMENTS — PHASE II, CONTRACT NO. 3004 -DD
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil
• Code.
DISCUSSION:
The contract for the construction of the Utilities Yard Site and Building Improvements
has been completed by Metro Builders and Engineers Group Ltd. to the satisfaction of
the Public Works Department.
The bid price was $ 1,540,111.00
Amount of change orders (11.3 %) $ 173,880.33
Total contract cost $ 1,713,991.33
There were six (6) change orders for this project. Each change order had multiple
miscellaneous items. Some items of note were: the installation of wash rack, an
archive file room, additional emergency electrical installation, change of single to double
score blocks, fuel island changes, reservoir hatch drains, additional roof insulation and
the installation of larger vehicle access doors. The majority of the change orders were
at the request of the City. The summary of the change orders is attached.
0
SUBJECT: NOTICE OF COMETION — UTILITIES YARD SITE AND BUILDING IMPROVEMENTS — PHASE II,
CONTRACT NO. 3004 -DD
June 8, 1998
Page 2
Funds for the project were budgeted in the following accounts: '
Description
Account Number
Big Canyon Reservoir Disinfection Modif. 7502- C5500291
Water Well & Transmission Pipelines 7504- C5500094
16"'Street Reservoir & Site Improvements 7504- C5500095
16"' Street Water Transmission Main 7504- C5500096
Totals
Amount
$524,368.86
$538,162.44
$610,277.03
$41.183.00
$1,713,991.33
The scheduled completion date was November 24, 1997. Due to material delivery
problems, weather condition delays, as well as multiple City requested changes,
construction was completed on May 29th, 1998.
Staff recommends acceptance of the work.
Respectfully sub 'tted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: " D'L
Eldon Davidson
Utilities Manager
End.: Metro Builders & Engineers Group Ltd. Change Order Summary
tlgroups\oubwodusNcounciM8yune- 8UAlity.doc
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0 CHANGE ORDER SUMMARY
•
Change Order #1 — $23.937.62 - Additions of wash rack, driveway and building
modification.
Installation of wash rack with clarifier, additional driveway approach, archive room
addition and a deduction for door revisions.
Change Order #2 — 84.630.38 — Revisions to masonry blocks, storm drain, fuel island
and electrical services
Installation of water service to Lab, additional electrical work including new transformer,
change to double score masonry units, masonry caps for all walls, installation of fuel
island clarifier, removal of abandoned water line, relocation of storm drain duct,
additional painting and utility line changes.
Change Order #3 — $46.377.00 — Revisions to building, fuel island and reservoir
hatches.
. Cabinet changes, seismic gap change between existing and new building 6, installation
of reservoir hatch drain lines per Department of Health Services, Fire Department
requested changes to fuel island, additional roof insulation added to buildings,
additional door added between existing and new building 6, additional electrical
services for building 7 and roof leak repairs to existing building 6.
Change Order #4 - $1.742.00 — Additional paving for utility trenches.
Repave surface area where additional telephone conduit was added.
Change Order #5 — ($2.236.00) — Credit for sidewalk changes.
Credit change order for sidewalk that was included in bid, but was not needed.
Change Order #6 - $22,000.00 — Revision to width of entry doors
Increase in the size of entry doors to Building #7 from 10 feet to 25 feet. This change
was made to provide additional turning radius for vehicles to prevent accidental
damage to building.
PUBLIC WORK STOP NOTICE&
LEGAL ATICE TO WITHHOLD CONSTRUCTION FUNDS
AND
REQUEST FOR NOTICE OF FILING OF NOTICE OF
ACCEPTANCE, COMPLETION OR CESSATION
CIVIL CODE 3185
TO: CITY OF NEWPORT BEACH
3300 Newport Blvd.
Newport Beach, CA 92658-6915
PROJECT: Ground Water Dev. Project
Utilities Yard Site, Bldgs, Improvement Phase II
951 West 16th St - Newport Beach, CA
TAKE NOTICE THAT La Habra Fire Protection. Inc.
whose address is 941 Macy Street - La Habra, CA 90631
has performed labor and furnished materials for a work of improvement described as follows:
Site Storm Drains. plumbing. sewer. water, fire, air, building plumbing & fire sprinkler work
The labor and materials furnished by claimant are of the following general kind:
Installation of underground pipping building pipping & fire sprinklers.
The labor and materials were furnished to or for the following party:
Metro Builder and Engineers Group Ltd. - 2610 Avon Street #A - Newport Beach, CA 92663
The value of the whole amount of labor and materials agreed to be furnished is
$ % 5/� / 30.40 / . The value of the labor and materials fur 'shed to date is
$ / -51/ 130 •C0/ Claimant has been .paid the sum of $
and there is due, -&L-? - ;; . Lo) % per annum from
You are required to set aside sufficient funds to satisfy this claim with interest. You are also
notified that claimant claims in equitable lien against any construction funds for this project which
are in your hands.
You are also required to give Notice of Acceptance, Completion or Cessation to the
undersigned as required by Civil Code 3185. Attached hereto is the $2.00 fee as required by Civil
Code 3185.
�. 23
FIRM NAME: La Habra Fire Protection, Inc.
VERIFICATION
I, the undersigned, say: I am Treasurer of the claimant of
ping Stop Notice; I have read said Stop Notice and know the contents thereof; the
is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on 2111/98 at La Habra California.
i
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P" 11 T H -
June 9, 1997
JUN 9 W7 CITY COUNCIL AGENDA
I ITEM NO. 16
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL F
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR UTILITIES YARD
SITE AND BUILDING IMPROVEMENTS - PHASE II AS PART OF THE
GROUNDWATER DEVELOPMENT PROJECT
CONTRACT NO. 3004 -DD
RECOMMENDATIONS:
1. Approve the Plans and Specifications.
2. Award Contract No. C- 3004 -DD to Metro Builders and Engineers Group Ltd., of
Santa Ana in the amount of $1,540,111 including additive bid items and
authorize the Mayor and the City Clerk to execute the contract on behalf of the
City.
3. Establish an amount of $136,000 for unforeseen conditions.
4. Authorize the Mayor and City Clerk to execute a Professional Services (,^,—
Agreement on behalf of the City, with Engineering Resources of Southern(iC1'�3\
California, Inc. to provide construction management services for the Utilities Yard
Site and Building Improvements - Phase II project for a total fee of $75,940.
5. Authorize the Public Works Director to execute a Construction -_ Se - b`
Agreement on behalf of the City, with DM° Engineering of provide construction • `l
staking services for the Utilities Yard Site and Building Improvements - Phase 11 1 AZ
project for a total fee of $29,500. 4��.6
rc
DISCUSSION:
At 2:30 p.m. on May 27, 1997, the City Clerk opened and read bids for the subject
project. A summary of the results is listed below and a more detailed itemized bid
summary is attached as Exhibit "A ":
Recommended with
.Rank
Contractor /Bidder
Base Bid Price
Additive Bid Price
low
Metro Builders and Engineers
$1,279,111
$1,540,111
2
Kenai Construction
$1,534,000
$1,833,000
3
BFI Constructors
$1,682,454
$1,989,714
SUBJECT: AWARD OF� NSTRUCTION CONTRACT FOR UTILITIWARD SITE AND BUILDING
IMPROVEMENTS - PHASE II AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT
CONTRACT NO. 3004 -DD
June 9, 1997
Page 2 •
Three (3) bids were received. The lowest responsible bid was $1,540,111 for the base
bid and additive Item Nos. 1, 2A, 3 and 5.- This bid was 7.5% above the Engineer's
Estimate of $1,433,000.
The low bidder, Metro Builders and Engineers Group Ltd. of Santa Ana, California, is a
qualified general contractor licensed to do business in California. This company has
successfully completed similar site, underground utilities and building construction
projects for other public agencies and municipalities in Southern California. This firm
has a good reputation in the general contracting industry and has a significant amount
of experience with similar building and site construction projects.
Reference checks on their recent projects revealed a number of comments favorable to
their ability to perform the work in an efficient manner. The contractor has recently
completed construction of two new pump stations for both the City and County of Los
Angeles, restoration of the Old Orange County Courthouse and installation of
maintenance warehouses for Caltrans.
PROJECT HISTORY AND DESCRIPTION:
At the January 14, 1994, Utilities Committee Meeting, the overall master plan for the
Utilities Yard was reviewed. At that time, the committee agreed to proceed with the site •
development plan with the exception of the two -story Administration Building (Building
No. 7). Since that Committee Meeting, the Utilities Department has been combined
with Public Works, the GIS and Communication Divisions have been moved to
Administrative Services, and housing for the Parking Meter Crew was moved from
General Services to the Utilities Yard.
In early 1996 the needs of the Utilities Yard were re- evaluated and the overall Utilities
Yard Master Plan was revised (see attached Exhibit B). A review of staff, equipment
and storage needs were evaluated.
The recent restructuring of the Utilities Division to allow for better operation of the
Groundwater Development system will relocate the Big Canyon Reservoir personnel
(Water Production Section) to the 16th Street Reservoir and Pump Station facility. As
part of the Big Canyon Reservoir (BCR) covering and disinfection system modifications,
site improvements such as expansion of the existing facility for disinfection, new water
laboratory, new crew areas and storage facilities were planned to be constructed at
BCR. Since restructuring has moved the production functions to the 16th Street pump
station building, which will be the entrance point for the groundwater into the City, the
proposed improvements, such as the water lab and crew areas have been relocated to
16th Street. This eliminates the need for expanded crew area facilities at the BCR site.
Only the disinfection system will need to be expanded at the BCR site. •
SUBJECT: AWARD OF WSTRUCTION CONTRACT FOR UTILITIEWARD SITE AND BUILDING
IMPROVEMENTS - PHASE II AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT
CONTRACT NO. 3004 -DD
June 9, 1997
Page 3
The updated Utilities Yard Master Plan has modified the original plan prepared in 1994
to accommodate the shifting of functions to the 16th Street Utilities Yard. The revised
plan shows essentially the same site improvements that were approved in 1994, with
new locations for the various personnel except the new two story Administration
Building has been eliminated. The plan provides for the expansion of two garages and
a covered storage area, which were not shown on the 1994 plan. The new facilities at
the Utilities Yard will improve the overall efficiency of the Utilities Division by providing
the needs of the current operation.
The site improvements in this contract include final grading and paving of the westerly
portions of the Yard over the newly constructed 3.0 million gallon reservoir, installation
of a materials handling area, pipe and materials storage area, bunker installation for
specific materials (asphalt, sand, gravel) that are used in the daily operations,
equipment storage areas and rough street improvements around the site.
This plan provides for the existing Building No. 6 to be extended to house the
Maintenance & Repair crew and the Youth Employment Program part-time staff. A
covered storage area is also included along with a small garage extension for the
Wastewater staff. These building improvements will provide space for employees that
. are currently housed in temporary trailers and provide permanent storage for equipment
now kept in rented storage containers or in the open.
The existing Administration Building is adequate for the current Utilities operation.
However, some time in the future, improvements may be required to comply with ADA
standards.
This information was presented to the Public Works Committee at their July 8, 1996,
meeting. On August 12, 1996, the City Council approved professional services
agreements with DM° Engineering and architect, Paul J. Ruffing, A.I.A., for the
preparation of plans and specifications for the approved final improvements.
PROJECT COSTS & SCHEDULE:
The contract documents requested that the contractor provide a base bid price for
construction of the site and underground improvements, street improvements, the
extension of Building No. 6, storage areas and crewspace and lab modifications to
Building No. 8 for the Water Production crews. During the design process, it was
determined that funding may not be available for a portion of the project, therefore, the
contract documents requested the contractor to provide the following additive bid items:
Additive No. 1 - Construction of Pre - engineered Building - covered storage.
Additive No. 2A - Construction of Garage Building No. 3A with site demolition by City crews.
• Additive No. 2B - Gonstruction of Garage Building No. 3A with site demolition by Contractor
Additive No. 3 - Emergency Generator
G
SUBJECT: AWARD OFIRNSTRUCTION CONTRACT FOR UTILITIOYARD SITE AND BUILDING
IMPROVEMENTS - PHASE II AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT
CONTRACT NO. 3004 -DD
June 9, 1997
Page 4
Additive No. 4 - Fuel Management System
Additive No. 5 - Aboveground Fuel Tank and Dispensing System.
The contractor provided a base bid amount of $1,279,111 for the project. In addition,
the contractor provided a bid amount for the additive bid items listed above. It was
determined that Additive Bid Items No. 1, 2A, 3 & 5 could be constructed utilizing
available funds from the Groundwater Development Project and the Big Canyon
Reservoir Disinfection Modifications Project for a total of $1,541,111.
The estimated time of completion for the entire project is 120 working days. In addition,
the contract documents specify that the site improvements should be completed within
60 working days in anticipation of the completion of well sites in Fountain Valley. The
project specifications require the contractor to complete the work within this time frame.
The City's project schedule proposes that the contractor should be completed by the
end of December 1997.
PROJECT CONSTRUCTION MANAGEMENT AND CONSTRUCTION STAKING:
The construction will be performed by a general site and building contractor under the
supervision of a construction manager and the City. In addition, construction staking for
the new improvements will be required. Staff has requested proposals and selected a
firm to provide field construction management and construction staking services for the
remaining contract for the Groundwater Development project.
This proposed professional services agreement will provide for inspection and
construction contract management and construction staking for the Utilities Yard Site
and Building Improvements. Engineering Resources is recommended to manage
construction for the project utilizing full -time inspectors and a full -time resident engineer
and DM° Engineering is recommended for construction staking services.
The construction manager will oversee the day -to -day construction activities related to
the site and building construction and the various tasks performed during the next six
(6) to eight (8) months. In this capacity, the construction management firm:will provide
staff to: conduct and coordinate inspections; coordinate shop drawing reviews; review
changed conditions; assist the City in negotiating change orders; orchestrate weekly
meetings; prepare all documentation for contract administration and progress
payments; coordinate with the Building Department and serve as liaison between the
contractors and City personnel affected by any of the construction activities.
The construction management consultant selection process was conducted consistent
with State law and City policy. Details about the process and the selection are as
follows. •
0
rJ
SUBJECT: AWARD OF OSTRUCTION CONTRACT FOR UTILITIE%ARD SITE AND BUILDING
IMPROVEMENTS - PHASE II AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT
CONTRACT NO. 3004 -DD
June 9, 1997
Page 5
To initiate this phase of the project, staff implemented a "qualifications -based selection"
(QBS) process for the necessary professional engineering construction management
services. The process began by requesting "Statements of Qualifications" from a
number of professional construction management firms. Based on these "Statements
of Qualifications," proposals were solicited from three (3) of the most qualified firms for
Construction Management and two (2) firms for Construction Staking.
This was done by written "requests for proposals" or RFP's for Construction
Management Services and Construction Staking for the Utilities Yard Site and Building
Improvements - Phase II
The following three (3) firms submitted responses to the request for proposals for
Construction Management Services: Daniel Boyle Engineering Inc.; Engineering
Resources of Southern California Inc.; and Network Construction Corporation. The
following two (2) firms submitted responses to the request for proposals for
Construction Staking Services: Keith Bush & Associates and DM° Engineering. The
written proposals were reviewed by a selection committee.
On the basis of a detailed ranking of the various firms and after interviewing the teams,
the selection committee selected Engineering Resources of Southern California, Inc. as
the most - qualified firm to perform the required construction management and inspection
services and DM` Engineering for the Construction Staking Services.
The funds needed for completing the Utilities Yard Site and Building Improvements -
Phase II project including construction management and staking are available in the
following accounts:
Mod. Disinfection at Big Canyon Reservoir 7502- C5500291 521,662
Water Wells/Transmission Pipeline 7504- C5500094 545,000
16th Street Reservoir & Site Improvements 7504- C5500095 $714,889
Total
$1,781,551
This construction contract will be the last segment of construction necessary for
completion of the Groundwater Development Project and will utilize the funds remaining
in the 16th Street Reservoir and Site Improvements account and the
Water/Wells/Transmission Pipeline account. The final cost of the Groundwater project
is still $23.7 million as reported to the City Council last January. Additional funds were
requested for this project from the modifications to Disinfection Facility at Big Canyon
SUBJECT: AWARD OFONSTRUCTION CONTRACT FOR UTILITIOYARD SITE AND BUILDING
IMPROVEMENTS - PHASE II AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT
CONTRACT NO. 3004 -DD
June 9, 1997
Page 6
Reservoir budget account due to the restructuring of the division and transferring the
space needs and proposed facilities at Big Canyon Reservoir to the 16th Street site.
Respectfully submitted,
COAL
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By. h22'
mi6hpd'JSjAacori, P.E.
MJS:cja
Eldon Davidson
Utilities Manager
0
Attachments: Exhibit "A ": Bid Summary
Exhibit "B ": Project Location Map .
Exhibit "C ": Professional Services Agreement - Engineering Resources of Southern California, Inc.
Exhibit "D" Professional Services Agreement - DM` Engineering
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NOTICE IN'VIh&- d BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915
until 2:30 oclock p.m. on the 27th, day of -MM1997,
at which time such bids shall be opened and read for:
GROUNDWATER DEVELOPMENT PROJECT
yr . r : ; • YY. :.. : 11 . R. AEI' ; • /�utp►r � .: �
I,i, • •
M611%.-V74 I.
$1,200,000
Engineer's Estimate
Approved by the Public Works Department
this 5th day of May 1997
OwQ)k
Don Webb
.Public Works Director
Pre -bid meeting will be held at 9:00 a.m. at the project site on May 14,1997.
Prospective bidders may obtain a set of contract documents at no cost at
the office of the Public Works Department, 3300 Newport Boulevard,
Post Office Box 1768, Newport Beach, California 92658 -8915
For further information, call Michael T. Sinacad at (714) 644 -3011.
Project Manager
qw"�wW,
r ,
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Bid Addenda No.1
for the project titled:
Groundwater Development Project
Utilities Yard Site and
Buildings Improvement Phase II
Contract No. C- 3004 -DD
The Undersigned declares that he has received addenda No. 1 'BID PROPOSAL"
Section Pages la -R, P -lb -R, P -lc -R and 2 through 18 and has substituted these pages
in the CONTRACT DOCUMENTS.
Addendum received by:
Bidder: Metro Builders & En ' ee Grout). Ltd. Date: May 26, 199
Authorized Signature & Title:
9
,� . •
GROUNDWATER DEVELOPMENT PROJECT
UTILITIES YARD SITE AND BUILDING IMPROVEMENT - PHASE II
CONTRACT NO. C- 3004 -DD
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P.O. Box 1768
Newport Beach, California 92658 -8915
Gentlemen:
The undersigned declares that he has carefully examined the location of the work,
has read the Instructions to the Bidders, has examined the Plans and Special
Provisions, and hereby proposes to furnish all materials and shall perform all work
required to complete Contract No. C- 3004 -DD in accord with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the
work, complete in place, to wit:
NOTE: All applicable sales taxes, State and /or Federal, and any other special taxes,
patent rights or royalties shall be included in the prices quoted in this proposal.
SCHEDULE OF WORK ITEMS
ITEM APPROXIMATE UNIT TOTAL
NO. QUANTITY DESCRIPTION PRICE AMOUNT
BASE BID
1. Lump Sum Utilities Yard Site and Building
Improvements - Phase II
for the lump sum price of
One million two hundred seventy -
nine thousand one hundred eleven Dollars
and
Nn Cents
Lump Sum
P -la -R
Addendum received by:
Bidder:
Authorized Signature & Title:
L.S. $1 279.111
Date: May 26.1997
0
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SCHEDULE OF WORK ITEMS
ITEM APPROXIMATE UNIT TOTAL
NO. QUANTITY DESCRIPTION PRICE AMOUNT
ADDITIVE ALTERNATIVE BID ITEMS
The following costs are to be added to the base bid lump sum amount:
1. Lump Sum Item No. 1 Pre - engineered Building No. 7
Furnish and install for the lump sum price of
One hundred sixty thousand Dollars
and
No Cents L.S. $ 160.000
Lump Sum
2A. Lump Sum Item No. 2A Garage Building No. 3B. Site demolition
work to be completed by the City of Newport
Beach. Furnish and install for the lump sum price of
Fifty -four thousand Dollars
and
No Cents L.S. $ 54.000
Lump Sum
2B. Lump Sum Item No. 2B Garage Building No. 3B. Site demolition
work to be completed by the Contractor.
Furnish and install for the lump sum price of
Six thousand five hundred Dollars
and
No Cents L.S. $ 6.500
Lump Sum
*NOT AWARDED
3. Lump Sum Item No. 3 Emergency Generator
Furnish and install for the lump sum price of
Thirty -five thousand Dollars
and
No Cents L.S. $ 35.000
Lump Sum
P -lb -R
Addendum received by:
Bidder:
Authorized Signature & Title:
Date: May 26. 1997
.k L
SCHEDULE OF WORK ITEMS
ITEM APPROXIMATE UNIT TOTAL
NO. QUANTITY DESCRIPTION PRICE AMOUNT
4. Lump Sum Item No. 4 Fuel Management System
Furnish and install for the lump sum price of
Ten thousand Dollars
and
No Cents L.S. $ 10.000
Lump Sum
*NOT AWARDED
5. Lump Sum Item No. 5 Aboveground Fuel Tank and Dispensing System
Furnish and install for the lump sum price of
Twelve thousand Dollars
and
No Cents L.S. $ 12.000
Lump Sum
TOTAL PRICE OF BASE BID AND ADDITIVE ALTERNATE
ITEMS 1 THROUGH 5 IN WRITTEN WORDS
*AMENDED TOTAL PRICE BASED ON AWARDED ITEMS
One million five hundred forty
thousand one hundred eleven Dollars
and
No Cents $ 1,540,111
*Amended Total Price
The City of Newport Beach will have the right to accept additive alternates in any
order or combination. The City of Newport Beach will determine the lowest
"responsible" bidder on the basis of the lump sum base bid plus amounts of all
accepted additive alternates.
Bidder's Name: Metro Builders & Engineers Group Ltd.
Bidder's Address: 2600 South Yale Street
Santa Ana CA 92704
Bidder's Telephone Number: (714)_979 -7605 (714) 979 -3342 Fax
Contractor's License No. & Classification: B A 597589 July 3, 1998
Expiration Date
May 26. 1997
Date
Authorized Signature & Title
P -lc -R
Addendum received by:
Bidder:
Authorized Signature & Title:
Date: May 26. 1997
^Jun-08-97 04:50P Dana Ht #hins 714/654 -4126 P.Ol
II •
June 6, 1997
ffk A"
Pre -pre construction meeting for Ground Water Development Project Utilities Yard Site and
Building Improvement - Phase 11
Mike Sinacori
CNB 644 -3342
Scott Wilson
DMc Engineering 753 -9393
David Gould
DMc Engineering 753 -9393
Paul Ruffing
Paul Ruffing AIA 640 -0408
Dana Hutchins
Engineering Resources 654 -4125 office 742 -4778 cell
Sam Gregory
Metro Builders 264 -9127
Fouad Houalla
Metro Builders 979 -7605
Fred Williams
Metro Builders 997 -9407
Meeting called to order at 9;04a
Following the introductions David Gould gave a brief over view of the project. He identified the
key client personnel an explained each ones responsibility to the project.
The construction manager is the interface between the contractor and the client, everything goes
through him. All correspondence, requests for survey, inspection, soil testing etc etc.
Additive alternative bid items 28 and 4 will not be part of this contract.
Contractor will schedule the demolition (2A) City forces will accomplish.
The project is to be complete in 120 working days from the issuance of the notice to proceed
The specification requires some work to be completed 60 working days from the issuance of the
notice to proceed. Liquidated damages for failure to complete the 60 day work in that time
period is $1,000 per day. Liquidated damages for failure to complete the 120 day work in that
time period is $500 per day. Contract will awarded on June 9, 1997. Contractor has ten days
from that date to submit the schedule of values, and construction schedule. Contractor for the
purposes of getting an early start on his paper work presented a prelitninary construction schedule
and a schedule of values to the construction manager and the city's project manager.
The water fine contract should be completed late in July. ?
No -fee building permits must be for each building, plumbing, electrical, fire protection, and
demolition. Plan check will be handled just like any other submittal, contractor should figure 21
days for review.
Contractors storage area is west of the gutter and inside the fence.
Working time is 7a - 5p Monday - Friday. Saturday work possible with 72 hour notice and
contractor must pay for inspection.
BFI to be complete by end of June but, will return for start-up and chlorine tank installation.
Page 2
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
PROPOSAL (Page 1)
INSTRUCTIONS TO BIDDERS (Page 2)
DESIGNATION OF SUBCONTRACTORS (Page 3)
BIDDER'S BOND (Page 4)
NON - COLLUSION AFFIDAVIT (Page 5)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6)
except that cash, certified check or cashier's check (sum not less than 10% of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed
Bid" shall be clearly marked on the outside of the envelope containing the documents.
The City of Newport Beach will not permit a substitute format for the Contract
Documents listed above. Bidders are advised to review their content with bonding and legal
agents prior to submission of bid.
BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570.
The estimated quantities indicated in the PROPOSAL are approximate, and are given
solely to allow the comparison of total bid prices.
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.
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.
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 in the office
of the City Clerk. All parties to the contract shall be governed by all provisions of the
California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive).
The Contractor shall be responsible for insuring compliance with provisions of Section
1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act."
5/9'1
h
E
Page 2A
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.
597589 B, A
Contractor's License No. & Classification
Metro Builders & Engineers Group, Ltd.
Bidder
May 26, 1997
Date
5/97
S/FOUAD HOUALLA, President
Authorized Signature/ Title
PRODUCER
WEEKS INSURANCE SERVICES
P.O. BOX 424
TUSTIN, CA 92781 -0424
METRO BUILDERS & ENGINEERS GROUP LTD.
2610 AVON STREET, UNIT A
NEWPORT BEACH, CA 92663
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE.
CO
0 -10 -7/
CQMPANIES AFFORDING COVERAGE
COMPANY
LETTER
PACIFIC INSURANCE COMPANY LTD.
COMPANY
B
LTRI
LETTER
SAFECO INSURANCE COMPANIES
COMPANY
C
DATE
LETTER
GOLDEN EAGLE INSURANCE COMPANY
COMPANY
LETTER D
FIREMANS FUND INSURANCE
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE.
CO
POLICY
EFFECTIVE
EXPIRATION
LTRI
T YPE OF INSURANCE
NUMBER
DATE
DATE
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
(OCCURENCE BASIS ONLY)
GENERAL AGGREGATE
$ 2,000,000
COMMERCIAL
ZI 00055318
11 -11 -96
11 -11 -97
COMPREHENSIVE
PRODUCTS/COMPLETED
$ 1 000 000
A
OWNERS 8 CONTRACTORS
OPERATIONS AGGREGATE
O
/
PROTECTIVE
CONTRACTUAL FOR SPECIFIC
PERSONAL INJURY
$ 1 000 OO
� �
CONTRACT
PRODUCTSICOMPLETED OPERATION
EACHOCCURENCE
$ 1 000, OO
XCU HAZARDS
,
BROAD FORM PROPERTY DAMAGE
SEVERABILITY OF INTEREST CLAUSE
FIRE DA
$
(ANYONE E FIRE) RE)
P. I. WITH EMPLOYEE EXCLUSION
MEDICAL EXPENSES
$
REMOVED
MARINE
(ANY ONE PERSON)
.
AUTOMOBILE LIABILITY
COMBINED
SINGLE LIMIT
$ .
1,000,000
ANY AUTO
BA2174986G
10 -19 -96
10 -19 -97
BODILY INJURY
$
ALLL LOWNE OWNED AUTOS
(PER PERSON)
SCHEDULED AUTOS
B
BODILY INJURY
$
HIRED AUTOS
(PER ACCIDENT)
NON -OWNED AUTOS
PROPERTY
$
GARAGE LIABILITY
DAMAGE
EXCESS LIABILITY
EACH
AGGREGATE
UMBRELLA FORM
TK 0000821
11 -11 -96
11 -11 -97
OCCURENCE
A
OTHER THAN UMBRELLA FORM
$81�I000
$81000IODO
STATUTORY
CALIFORNIA
WORKERS' COMPENSATION
$1,000,000
EACH ACCIDENT
C
&
NC- 299939 -05
03 -02 -97
03 -02 -98
$ljUuUfUuU
DISEASE - POLICY LIMIT
EMPLOYERS' LIABILITY
$
DISEASE - EACH EMPLOYEE
EXCESS AUTO LIABILITY IXEK000743636�4 6 -18 -91 6 -18 -98 I $ 1,000,000
DESCRIPTION OF OPERATIONS/L OCATIONSNEHICLES /RESTRICTIONS/SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF
NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT:
GROUNDWATER DEVELOPMENT PROJECT
UTILITIES YARD SITE & BUILDINGS IMPROVEMENT -PHASE II CONTRACT NO C- 3004 -DD
PROJECT TITLE AND CONTRACT NUMBER
CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CANCELLED OR
P.O. BOX 1768 COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING
3300 NEWPORT BOULEVARD COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF
NEWPORT BE BV FIRST CLASS MAIL.
NEWPORT BEACH, CALIFORNIA 92658- 8915 /��
ATTENTION: MICHAEL SINACORI �- / (mil/ h / / / &
AUTHOR2ED REPRESENTATIVE IS UE ATE
0
0
GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
Page 11
With respect to such insurance as is afforded by the policy for General Liability, the City
of Newport Beach, its officers and employees are additional insureds, but only with
respect to liability arising out of operations performed by or on behalf of the named
insureds in connection with the contract designated below or acts and omissions of the
additional insureds in connection with its general supervision of such operations. The
insurance afforded said additional insured(s) shall apply as primary insurance and no
other insurance maintained by the City of Newport Beach shall be called upon to
contribute with insurance provided by this policy.
The policy includes the following provision:
"The insurance afforded by the policy applies separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of liability of the company affording
coverage.
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability
assumed by the named insured under the indemnification or hold harmless provision
contained in the written contract designated below, between the named insured and the
City of Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any,
pertaining to the explosion hazard, collapse hazard and underground property hazard
(commonly referred to as "XCU" hazards) are deleted.
5. The limits of liability under this endorsement for the additional insured(s) named in
Paragraph 1 of this endorsement shall be the limits indicated below written on an
"Occurrence" basis:
( X ) Commercial ( ) Comprehensive
General Liability $ 2,000,000 each occurrence
$ 2,000,000 aggregate
The applicable limit of Contractual Liability for the company affording coverage shall be
reduced by any amount paid as damages under this endorsement in behalf of the
additional insured(s).
The limits of liability as stated in this endorsement shall not increase the total liability of
the company affording coverage for all damages as the result of any one occurrence in
excess of the limits of liability stated in the policy as applicable to General Liability
Insurance.
6. Should the policy be non - renewed, canceled or coverage reduced before the expiration
date thereof, the Issuing Company shall provide 30 days' advance notice to the City of
Newport Beach by registered mail, Attention: Public Works Department.
5/9,
Page 11A
7. Designated Contract: GROUNDWATER DEVELOPMENT PROTECT, UTILITIES YARD
SITE & BUILDINGS IMPROVEMENT - PHASE II. CONTRACT NO. C- 3004 -DD
This endorsement is effective 11 -11 -96 at 12:01 a.m. and forms a part of Policy
No. ZI 0005318 of PACIFIC INSURANCE COWANY LTD. (Company
Affording Coverage).
Insured: METRO BUILDERS & ENGINEERS GROUP Endorsement No.: 1
ISSUING COMPANY
By:
A th ize epresentative
5197
•
0
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
Page 12
With respect to such insurance as is afforded by the policy for Automobile Liability, the
City of Newport Beach, its officers and employees are additional insureds, but only
with respect to liability for damages arising out of the ownership, maintenance or use of
automobiles (or autos) used by or on behalf of the named insured in connection with the
Contract designated below. The insurance extended by this endorsement to said
additional insured does not apply to bodily injury or property damage arising out of
automobiles (1) owned by or registered in the name of an additional insured, or (2)
leased or rented by an additional insured, or (3) operated by an additional insured. The
insurance afforded said additional insured(s) shall apply as primary insurance and no
other insurance maintained by the City of Newport Beach shall be called upon to
contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each
insured who is seeking coverage or against whom a claim is made
or suit is brought, except with respect to the limits of liability of
the company affording coverage."
3. The limits of liability under this endorsement for the additional insureds named in
Paragraph 1 of this endorsement shall be the limits indicated below for either Multiple
Limits or Single Limit:
( ) Multiple limits
Bodily Injury Liability $ 2,000,000 per person
Bodily Injury Liability $ 2,000,000 per accident
Property Damage Liability $ 2,000,000
( X ) Combined Single Limit
Bodily Injury Liability &
Property Damage Liability $ 2,000,000
The limits of liability as stated in this endorsement shall not increase the total liability of
the company affording coverage for all damages as the result of any one accident or
occurrence in excess of the limits of liability stated in the policy as applicable to
Automobile Liability Insurance.
4. Should the policy be non - renewed, canceled or coverage reduced before the expiration
date thereof, the Issuing Company shall provide 30 days' advance notice to the City of
Newport Beach by registered mail, Attention: Public Works Department.
5;97
Page 12A
5. Designated Contract: GROUNDWATER DEVELOPMENT PROJECT, UTILITIES YARD
SITE & BUILDINGS IMPROVEMENT - PHASE II. CONTRACT NO. C- 3004 -DD
Project Title and Contract No.
This endorsement is effective 10 -19 -96 at 12:01 a.m. and forms a part of Policy
NOBA217498EG of SAFE XD INSURANCE COMPANIES (Company Affording Coverage).
Insured: MEMO BUILDERS & ENGINEERS GROUP Endorsement No.: 3
ISSUING COMPANY
By:
Authori d Representative
sia7
0
CONTRACT
Page 13
THIS AGREEMENT, entered into this 9 t'' " day of June, 1997, by and between the
CITY OF NEWPORT BEACH, hereinafter "City," and METRO BUILDERS & ENGINEERS
GROUP, LTD. hereinafter "Contractor," is made with reference to the following facts:
A. WHEREAS, City has advertised for bids for the following described public work:
GROUNDWATER DEVELOPMENT PROJECT, UTILITIES YARD
SITE & BUILDINGS IMPROVEMENT - PHASE II ( "Project ") C- 3004 -DD
Project Description Contract No.
B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder
and Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and specifications.
NOW, THEREFORE, City and Contractor agree as follows:
CONTRACT DOCUMENTS The complete Contract for the Project includes all
of the following documents: Notice Inviting Bids, Instructions to Bidders,
Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond,
Labor and Materials Payment Bond, Permits, General Conditions, Standard
Plans and Standard Special Provisions, Plans and Special Provisions for
Contract No. C- 3004 -DD , Standard Specifications for Public Works
Construction (current edition) and all supplements and this Agreement, and all
modifications and amendments thereto (collectively the "Contract Documents ").
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. 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:
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. 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 ONE MILLION FIVE
5/97
i •
Page 14
This compensation includes:
(a) Any loss or damage arising from the nature of the work,
(b) Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the work,
(c) 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, and which loss or expense occurs prior to
acceptance of the work by City.
4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this
Contract, before making its final request for payment under the Contract
Documents, Contractor shall submit to City, in writing, all claims for
compensation under or arising out of this Contract. Contractor's acceptance of
the final payment shall constitute a waiver of all claims for compensation under
or arising out of this Contract except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment.
5. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage
prepaid, directed to the address of Contractor and to City, addressed as
follows:
CITY:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
Attention: Michael J. Sinacori, P.E.
CONTRACTOR:
Metro Builders & Engineers Group, Ltd.
2600 South Yale Street
Santa Ana, CA 92704
Attention: Fouad Houalla
LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this
Contract, hereby certifies:
"I am aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for Workers' Compensation or
undertake self- insurance in accordance with the provisions of the Code, and I
will comply with such provisions before commencing the performance of the
work of this Contract."
5/9]
Page 15
INSURANCE
Insurance is to be placed with insurers with a Best's rating of no less than
A:VII and insurers must be a California Admitted Insurance Company.
Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this Agreement. The certificates
and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf, on forms provided
by City. All certificates and endorsements are to be received and approved by
City before work commences. City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the work hereunder
by Contractor, his agents, representatives, employees or subcontractors. The
cost of such insurance shall be included in Contractor's bid.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability
coverage "occurrence" form number CG 0001 (Edition 11 /85) or
Insurance Services Office form number GL 0002 (Edition 1 / 73)
covering Comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form
Comprehensive General Liability.
2. Insurance Services Office Business Auto Coverage form number
CA 0001 0187 covering Automobile Liability, code 1 "any auto"
and endorsement CA 0029 1288 Changes in Business Auto and
Truckers Coverage forms - Insured Contract.
3. Workers' Compensation insurance as required by the Labor
Code of the State of California and Employers Liability
insurance.
B. IvMPgRVTL M LIMITS OF INSURANCE
Coverage limits shall be no less than:
1. General Liability: $2,000.000 combined single limit per
occurrence for bodily injury, personal injury and property
damage. If Commercial Liability Insurance or other form with a
general aggregate limit is used, either the general aggregate limit
shall apply separately to this project /location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $2,000,000 combined single limit per
accident for bodily injury and property damage.
5/97
0
Page 16
3. Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State
of California and Employers Liability.
C. DEDUCTIBLES AND SELF - INSURED RETENTIONS
Any deductibles or self- insured retentions must be declared to and
approved by City. At the option of City, either: the insurer shall
reduce or eliminate such deductibles or self- insured retentions as
respects City, its officers, officials, employees and volunteers; or
Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following
provisions:
General Liability and Automobile Liability Coverages
City, its officers, officials, employees and volunteers are to
be covered as additional insureds as respects: liability
arising out of activities performed by or on behalf of
Contractor, including the insured's general supervision of
Contractor; products and completed operations of
Contractor; premises owned, occupied or used by
Contractor; or automobiles owned, leased, hired or
borrowed by Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to
City, its officers, officials, employees or volunteers.
b. Contractor's insurance coverage shall be primary insurance
as respects City, its officers, officials, employees and
volunteers. Any insurance or self- insurance maintained by
City, its officers, officials, employees and volunteers shall
be excess of the Contractor's insurance and shall not
contribute with it.
Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to City, its
officers, officials, employees and volunteers.
d. Contractors insurance shall apply separately to each
insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
e. The insurance afforded by the policy for contractual
liability shall include liability assumed by contractor under
the indemnification /hold harmless provision contained in
this Agreement.
5!9"1
0
0
Page 17
Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against
City, its officers, officials, employees and volunteers for losses
arising from work performed by Contractor for City.
3. All Coverages
Each insurance policy required by this clause shall be endorsed
to state that coverage shall not be suspended, voided, canceled
by either party, reduced in
coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given
to City.
E. Acts of God: Pursuant to Public Contract Code Section 7105, Contractor
shall not be responsible for the repairing and restoring damage to Work,
when damage is determined to have been proximately caused by an Act
of God, in excess of 5 percent of the Contract amount provided that the
Work damaged is built in accordance with the plans and specifications.
F. Right to Stop Work for Non - Compliance: City shall have the right to
offer the Contractor to stop Work under this Agreement and /or withhold
any payment(s) which become due to CONTRACTOR hereunder until
CONTRACTOR demonstrates compliance with the requirements of this
article.
RESPONSIBILITY FOR DAMAGES OR INiURY
A. City and all officers, employees and representatives thereof shall not be
responsible in any manner: for any loss or damages that may happen to
the Work or any part thereof, for any loss or damage to any of the
materials or other things used or employed in performing the Work, for
injury to or death of any person either workers or the public; or for
damage to property from any cause arising from the construction of the
work by Contractor, or its subcontractors, or its workers, or anyone
employed by it.
B. 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.
E/97
Page 18
C. Contractor shall indemnify, hold harmless, and defend City, its officers
and employees from and against (1) any and all loss, damages, liability,
claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death,
personal injury, property damages, or any other claims arising from any
and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or
performed pursuant to this Agreement; (2) use of improper materials in
construction of the Work; or, (3) any and all claims asserted by
Contractor's subcontractors or suppliers on the project, and shall include
reasonable attorneys' fees and all other costs incurred in defending any
such claim. Contractor shall not be required to indemnify or defend City
from the sole negligence or willful misconduct of City, its officers or
employees.
D. 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.
E. Nothing in this article, nor 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 Agreement.
F. The rights and obligations set forth in this Article shall survive the
termination of this Agreement
EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement and
all other Contract Documents by Contractor is a representation that Contractor
has visited the Project Site, 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.
10. CONFLICT If there is a conflict between provisions of this Contract and any
other Contract Document, the provisions of this Contract shall prevail.
11. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition.
5/97
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Page 3
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount
in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed,
the Contractor represents that he /she is fully qualified to and will be responsible for performing
that portion of the work. Substitution of subcontractors shall be made only in accordance with
State law and /or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be
substituted for any moneys to be withheld to endure 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.
Subcontract Work
Subcontractor
Address
1. Masonry Valance Fontana CA
2. Storm Drain /Fire Sprinklers LaHabra Fire LaHabra, CA
3. Plumbing Zeen Whittier, CA
4. HVAC Temp Air LaHabra CA
Roofing Vance Costa Mesa, CA
Electric So. Cal Electric Fountain Valley, CA
Paint Design Maint. Garden Grove. CA
Paving Empire Riverside. CA
Sheet Metal Cal -Rac Santa Ana CA
10. Overhead Door So. Cal Overhead $o. El Monte, CA
11.
12.
Metro Builders & Engineers Group, Ltd.
Bidder
5!97
S /FOUAD HOUALLA, President
Authorized Signature /Title
Page 4
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of TEN PERCENT OF BID AMOUNT
dollars (10% OF BID AMOUNT, to be paid and forfeited to the City of Newport Beach if the
bid proposal of the undersigned Principal for the construction of the GROUNDWATER
Council of the City of Newport Beach and the proposed contract is awarded to the Principal,
and the Principal fails to duly enter into and execute the Contract Documents for the
construction of the project in the form required within ten days (10) (not including Saturday,
Sunday, and federal holidays) after the date of the mailing of Notice 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 23rd day of May, 1997.
Metro Builders & Engineers Group, Ltd, United States Fidelity and Guaranty Co.
Principal Surety
S /GEORGE T. WILLIAMS
Authorized Signature
George T. Williams, Vice President
Name & Title
S/97
Authorized Signature
Print Name & Title
S /KELLY A. SAITMAN
Attorney -in -fact
(Notary acknowledgment of Principal & Surety must be attached)
0
State of California )
) ss.
County of Orange )
NON - COLLUSION AFFIDAVIT
Page 5
FOUAD HOUALLA, being first duly sworn, deposes and says that he is PRESIDENT of
METRO BUILDERS & ENGINEERS GROUP, LTD., the party making the foregoing bid; that
the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that 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. S /FOUAD HOUALLA, President
Bidder Authorized Signature /Title
Subscribed and sworn to before me this 27th day of May, 1997.
[SEAL]
S /M. SABRINA BONAHORA Notary Public #1105662
Notary Public
My Commission Expires: July 14, 2000
5/9]
Page 6
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character to that
proposed herein which he /she has performed and successfully completed.
Year For Whom Person
Completed Performed (Detail) To Contact
Telephone
Number
1997 County of Los Angeles Toe Cawarillo (818) 458 -2540
1997 County of Orange Heruau Pelaez (714) 567 -7837
1997 City of Hawthorne Arnie Shadbell (310) 970 -7965
Further References Available on Request
Metro Builders & Engineers Group, Ltd.
Bidder
5/97
S/FOUAD HQUALLA, President
Authorized Signature /Title
NOTICE TO SUCCESSFUL BIDDER
•
Page 7
The following Contract Documents shall be executed and delivered to the Engineer
within ten (10) days (not including Saturday, Sunday and federal holidays) after the date of
mailing Notice of Award to the successful bidder:
LABOR AND MATERIALS PAYMENT BOND (Page 8)
FAITHFUL PERFORMANCE BOND (Page 9)
CERTIFICATE OF INSURANCE (Page 10)
GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11)
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12)
CONTRACT (Page 13)
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued
by an insurance organization or surety (1) currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, and (2) listed as an acceptable
surety in the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be
substituted for any monies to be withheld to ensure performance under the Contract
Insurance companies affording coverage shall be (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, and (2)
assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of
shall be provided as specified in the
except as modified by the Special Pro
5/97
le: Property - Casualty. Coverages
Page 19
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first written above.
ATTEST:
°rl�t In. yaa"'
LaVonne Harkless
City Clerk
APPROVED AS TO FORM:
z . 6L
Robin Clauson
Assistant City Attorney
5/97
CITY OF NEWPORT BEACH
a municipal corporation
Jpn Debay
�v ayor
CONTRACTOR:
Metro Builders & Engineers Group, Ltd.
Name of Contractor (Principal)
Fouad r oualla, President
July 10, 1997
C
9C- 3ao4-qD
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Kenai Construction Co., Inc.
7578 Trade Street
San Diego, CA 92121 -2412
Gentlemen:
(714) 6443005
Thank you for your courtesy in submitting a bid for the Utilities Yard Site and
Buildings Improvement Phase II project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal. Your cooperation
in working with us on this matter is greatly appreciated, and we hope that you
will accept future opportunities to bid on projects of a similar nature.
Sincerely,
-i' V one . M t CL/L.L a-mo
LaVonne M. Harkless, CMC /AAE
City Clerk
Enclosure
3300 Newport Boulevard, Newport Beach
July 10, 1997
L
E
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
BFI Constructors
1415 North Susan Street
Santa Ana, CA 92703
Gentlemen:
(714) 644 -3005
Thank you for your courtesy in submitting a bid for the Utilities Yard Site and
Buildings Improvement Phase II project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal. Your cooperation
in working with us on this matter is greatly appreciated, and we hope that you
will accept future opportunities to bid on projects of a similar nature.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
Enclosure
3300 Newport Boulevard, Newport Beach
July 10, 1997
E
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 6443005
Metro Builders & Engineers Group Ltd.
2600 S. Yale Street
Santa Ana, CA 92704
Gentlemen:
Thank you for your courtesy in submitting a bid for the Utilities Yard Site and
Buildings Improvement Phase II project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal. Your cooperation
in working with us on this matter is greatly appreciated, and we hope that you
will accept future opportunities to bid on projects of a similar nature.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
Enclosure
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
IRecorded in the County of Orange, California
Gary L. Granville, Cl
IIIIIIIIIIIIIIIII�II�IIIIIIIII�IIIIIIII IIIIIII111 IIIlJII 11I erk /RNo Feer
19980384183 10; 58am 06/18/98
005 29006485 29 57
N12 1 6.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees pursuant
to Government Code Section 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300
Newport Boulevard, Newport Beach, California, 92663, as Owner, and
Metro Builders & Engineers Group. Ltd. of Santa Ana. California,
as Contractor, entered into a Contract on June 9. 1997. Said
Contract set forth certain improvements, as follows:
Utilities Yard Site and Building Improvements. C- 3004 -DD.
Work on said Contract was completed on May 29. 1998, and was found
to be acceptable on June 8. 1998 by the City Council. Title to
said property is vested in the Owner, and the Surety for said
Contract is United States Fidelity and Guaranty Company.
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the
and correct to the best of my knowledge.
Executed on &GAI !
California.
BY
City Clerk
foregoing is true
at Newport Beach,
^l�
iJ) i
0 a
RECEIVED
'98 JUN 25 A10 :20
OFFICE OF THE CITY CLERK
CITY OF PiEWPORT BEACH
June 9,1998
r 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
(714) 6443005
Attached for recordation is a Notice of Completion for Contract No. C- 3004 -DD,
for the Utilities Yard Site and Building Improvements with Metro Builders &
Engineers Group, Ltd.
Please record and return to the City Clerk's Office. Thank you.
Sincerely,
A m tJmul;�
LaVonne M. Harkless, CMC /AAE
City Clerk
Attachment
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
"Exempt from recording fees pursuant
to Government Code Section 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300
Newport Boulevard, Newport Beach, California, 92663, as Owner, and
Metro Builders & Engineers Group, Ltd of Santa Ana. California,
as Contractor, entered into a Contract on June 9. 1997. Said
Contract set forth certain improvements, as follows:
Utilities Yard Site and Building Improvements, C- 3004 -DD.
Work on said Contract was completed on May 29. 1998, and was found
to be acceptable on Junes 1998 by the City Council. Title to
said property is vested in the Owner, and the Surety for said
Contract is United States Fidelity and Guaranty Com-pa nv.
LEN
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true
and correct to the best off�my knowledge.
Executed on dd,' 11 717U at Newport Beach,
California.
BY M. &4A"
City Clerk
July 23,1998
•
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 6443005
Mr. Fouad Houalla
Metro Builders & Engineers Group, Ltd.
2610 Avon Street, Unit A
Newport Beach, California 92663
Subject: Contract No. 3004 -DD - Utilities Yard Site and Buildings
Improvement - Phase II
On June 8, 1998, the City Council of Newport Beach accepted the work of the
subject project and authorized the City Clerk to file a Notice of Completion and
to release the bonds 35 days after the Notice of Completion has been recorded in
accordance with applicable portions of the Civil Code.
The Notice of Completion was recorded by the Orange County Recorder on
June 18, 1998 - Reference No. 19980384183. The Surety for the contract is United
States Fidelity and Guaranty Company, and the bond number is 40012003985976.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:Ivi
cc: Public Works Department
Michael Sinacori, Project Manager
encl.
3300 Newport Boulevard, Newport Beach
July 23, 1998
• 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
Mr. Fouad Houalla
Metro Builders & Engineers Group, Ltd.
2600 South Yale Street
Santa Ana, California 92704
Subject: Contract No. 3004 -DD - Utilities Yard Site and Buildings
Improvement - Phase II
On June 8, 1998, the City Council of Newport Beach accepted the work of the
subject project and authorized the City Clerk to file a Notice of Completion and
to release the bonds 35 days after the Notice of Completion has been recorded in
accordance with applicable portions of the Civil Code.
The Notice of Completion was recorded by the Orange County Recorder on
June 18, 1998, Reference No. 19980384183. The Surety for the contract is United
States Fidelity and Guaranty Company, and the bond number is 40012003985976.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:lvi
cc: Public Works Department
encl.
3300 Newport Boulevard, Newport Beach
EXECUTED IN FM COUNTERPARTS
Page 9
BOND NO. 40 0120 03965 976
PREMILM: $16,249.00
FAITHFLTI. PERFORMANCE BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted, has awarded to METRO BUILDERS & ENGINEERS GROUP, LTD.
hereinafter designated as the 'Principal ", a contract for GROUNDWATER DEVELOPMENT
PROTECT, UTILITIES YARD SITE & BUILDINGS IMPROVEMENT - PHASE TI (Contract
C- 3004 -131)) in the City of Newport Beach, in strict conformity with the plans, drawings,
cifications, and other Contract Documents maintained in the Public Works Department of
City of Newport Beach, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. C- 3004 -DD and
the terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and UNITED STATES FIDELITY AND GUARANTY CCNPANY,
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 ONE MILLION FIVE HUNDRED FORTY THOUSAND ONE
HUNDRED ELEVEN Dollars ($1,540,111.00), 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, m an amount not exceeding the sum specified in this Bond;
otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount specified
in this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder
or to the specifications accompanying the same 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 six (6) months following the date of formal acceptance of the Project by
the City.
5/9]
0
Page 9A
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 WHEREOF6TPs instrument has been duly executed by the Principal and
Surety above named, on the _ day of JUNE 19 97
Metro Builders & Engineers Group, Ltd.
Name of Contractor (Principal) Auth T zed Si ature
UNITED STATES FIDELITY AND GUARANTY CCPPANY
Name of Surety
P.O. BOX 2382 BREA, CA 92622
Address of Surety
KELLY A. SAITMAN ATTORNEY -IN -FACT
Print Name &Title
7L4/985-3300
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
5197
0 CALIFORNIA 0
ALL PURPOSE ACKNOWLEDGEMENT
-STATE OF CALIFORNIA )
S.S.
COUNTY QF San Bernardino )
On _SJ� I -1 I , before me,
Frances LAfler, Notary Public , personally appeared
X personally known to me;
__ or proved to me on the basis of satisfactory evidence to be the
person(l) whose name(G) is /$=Lax subscribed to the within instrument and
acknowledged to me that (ba /she /uh&V9 executed the same in
b4a/her/thvft authorized capacity (t4yaX, and that the entity upon
behalf of which the personCAX) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Signature of Nofa Public
CAPACITY CLA130D BY SIGNER:
Though statute does not require the notary to fill in the data below,
doing so may prove invaluable to persons relying on the document.
Individual(s)
Corporate Officer(s)
Titles
Partner(s)
Attorney -in -Fact
Trustee(s)
Guardian /Conservator
Other:
Signer is representing:
Limited
and
and
General
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document:
Number of pages:
Date of document:_
Signer(s) other than named above: none
Bond
THIS CERTIFICATE MUST BE ATTACHED TO THE DOLTHENT DESCRIBED ABOVE.
"Stl sn
0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of `
0
County of �O
On LO _ Z� "� before me,
Date Name and Title of Officer (e.g.. 'Jane Doe. Notary Public')
personally appeared
personally known to me — OR — 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
rj,�INA eoyr same i n his /her /their authorized capacity(ies), and that by
S� .1 his /her /their signature(s) on the instrument the person(s),
�,e.t,pi or the entity upon behalf of which the person(s) acted,
.F� �'�— executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Documentri —i Y Wei L ��CI�X
Document Date: l.0 — —� �� Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ie��s)) Claimed by Signer(s)
Signer's Name,-�n(. a 4m a I I�
_i Individual
Corporate fficer p
Title(s): egg
Partner Limited G General
Attorney -in -Fact
Trustee
Guardian or Conservator
J Other: Top of thumb here
Signer Is Representing
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — C Limited General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
D 1995 National Notary Association - 8236 Remoter Ave.. P.O. Box 7184 - Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Tan -Free 1. 800. 6769827
United States Fidelity and Guaranty Company
Power of Attorney
No.109700
__._•`_.___.____.__.• - "- 1269257
0 S F +V
Know all men by these presents: That United States Fidelity and Guaranty Company, a corporation organized and existing under the laws of the State of
Maryland and having its principal office at the City of Baltimore, in the State of MaMand, does hereby constitute and appoint Jay P. Freeman, Kelly
A. Saitman, Dirk T. Degraw and Frances Lefler
ofthe Cityof Ontario .State of California its true and lawful Attor
neylsFin -Fact each in their separate capacity if more than
one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds. undertakings, contracts and other written instruments in the
nature thereof on behalf of the Company in its business of quaranteeing the fidelity of persons; guaranteeing the performance of contracts: and executing or guaranteeing
bonds and undertaking required o permitted in any actions or proceedings allowed by law.
In Witness Whereof, the said United Sates Fidelity and Guaranty Company, has caused this instrument to be sealed with its corporate seal, duly attested by
the signatures of its Vice President and Assistant Secretary. this 2nd clay of February .AD. 19 96.
United States Fidelity and Guaranty Company,
�O (Signed) By ............. f...
Vice President
(Signed) By ..... ...... .. /A .. .. .....:......................
V� j Assistant Secretary
State of Maryland 1
SS:
Bahimore City 1 ,
On this 2nd dayof February . A.D. 19 96 , before me personally came Gary A. Wilson, Vice President of United States Fidelity and
Guaranty Company, and Thomas J. Fitzgerald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn,
said, that they. the said Gary A. Wilson and Thomas J. Fitzgerald were respectively the Vice President and the Assistant Secretary of the said United States Fidelity and
Guaranty Company, the corporation described in and which executed the foregoing Power of Attorney: Nat they each knew the seal of said corporation; that the seal affixed
to said Power of Attorney was such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and Nat they signed their names thereto by
like order as Vice President and Assistant Secretary, respectively, of the Company.
My Commission expires the lSt dayof August A.D.19 98.
SM (Signed) By... -^4f uur1 ..... : ry
This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the United States Fidelity and
Guaranty Company on September 24,1992:
Resolved, that in connection with the fidelity and surety insurance business of the Company, all bonds. undertakings. Contracts and other instruments reladng to
said business may be signed, executed, and acknowledged by persons or entities appointed as AttomeylsHn -Fact pursuant to a Power of Attorney issued in accordance with
these resolutions. Said Powers) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman,
or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President. jointly with the Secretary or an Assistant
Secretary, under their respective designations. The signature of such officers may be engraved. printed or lithographed. The signature of each of the foregoing officers and the
seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing AttorneylsFin -Fact for purposes only of executing in
and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein,
any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
Resolved. That AttorneylsFin -Fact shall have the power and authority, unless subsequently revoked and . in any case, subject to the terms and limitations of the
Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings. and other
writings obligatory in the nature thereof, and any such instrument executed by such Attorney(sFin Fact shall be as binding upon the Company as if signed by an Executive
Officer and sealed and attested to by the Secretary of the Company.
I. Thomas J. Fitzgerald, an Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing are true excerpts
from the Resolutions of the said Company as adopted by its Board of Directors w September 24,1992 and that these Resolutions are in full force and effect.
I, the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing Power of Attorney is in full
force and effect and has not been revoked.
In Testimony Whereof, I have hereunto set my hand an sea! United States Fed and Guaranty Company,
on this 16TH day of ,19
JUNE /`. % .............. .............................
=Yg tB Assistant Secretary
'M! xMr
FS 315.951
06i '4/1'391 12:26 57y3 ill ME[PU BUILDERS
I1Y 1YY
POLICY HUMOER; )IT 0005318
THIS ENDURSENIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 1185
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM D)
Thin endorsement modifies insurance provided under the following,
COMMERCIAL OENERAL LIABILITY COVERAG[ 1 AN't
SCNEUM
Name of Person or Organization
CITY OF NEWPORT BEACH
DHC EN(:INSERING
MAUI. J. BUFFING, ARCIIITECT
ENGINEERING RESOURCES OF SOL1TTITHN CALIFO1WLA
r-AUE U1,
CL 248
(11.45)
(If no entry appears stove, hdornuuon.repuirod to complete this endorAenrent will he shown in Ore Declaration es
applicable to this endorsement.)
WHO IS AN INSURED (Section Ill is amended to Include as an insured the person or organizallon shown in the
Schedule, but unly with respxct to liability arising out of "your work' for that insured by or for you,
Ce(rynght. InHaarxe serNCCS Office. hrc.. 19 84
EXECUTZD IN FM COUNTERPARTS
WHEREAS, th
motion adopted, has
hereinafter desienated
E
Page 8
BOND NO. 40 0120 03965 976
PREMILM IWLI FOPIA4NCE BOND
LABOR AND MATERIALS PAYMENT BOND
E! City Council of the City of Newport Beach, State of California,
awarded to METRO BUILDERS & ENGINEERS GROUP, L'
as the "Principal," a contract for GROUNDWATER DEVELOPME
o. C- 3044 -DD) in the City of Newport Beach, in strict conformity with the plans, drawings,
,ecifications and other Contract Documents in the office of the Public Works Department of
e City of Newport Beach, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. C- 3004 -DD 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 anv 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 UNITED STATES FIDELITY AND GUARANTY
CCNPANY duly authorized to transact business under the laws of the
State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the
City of Newport Beach, in the sum of ONE MILLION FIVE HUNDRED FORTY
THOUSAND ONE HUNDRED ELEVEN Dollars ($1,540,111.00), 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 attorney's fee, to be fixed by the
Court as required by the provisions of Section 3250 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 3181 of the California Civil Code so as to give a right of
action to them or their assigns in any suit brought upon this Bond, as required by and in
accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of
California.
si3,
0
0
Page 8A
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 or the specifications accompanying the same 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 WHEREQ� this instrument ha3 been duly executed by the above named
Principal and Surety, on the 11 day of 19 97.
Metro Builders & Engineers Group, Ltd.
Name of Contractor (Principal) Auth zed Signature
UNITED STATES FIDELITY AND GUAWO OOhPANY
Name of Surety
P.O. BOX 2382 BREA, CA 92622
Address of Surety
KELLY A. SAITMAN ATTORNEY -IN -FACT
Print Name &Title
714/985 -3300
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
5/97
S CALIFORNIA
ALL PURPOSE ACKNOWLEDGEMENT
*STATE OF CALIFORNIA )
S.S.
COUNTY OF San. Bernardino )
On � before me,
Frances Lefler, Notary Public , personally appeared
Kelly A. Saitman ,
X personally known to me;
or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(a) is/AOXex subscribed to the within instrument and
acknowledged to me that (2W /she /%Xx%.A executed the same in
hta/her/thoft authorized capacity(Xers ;, and that the entity upon
behalf of which the personfAX) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Signature of Not Public
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data below,
doing so may prove invaluable to persons relying on the document.
Individual(s)
__Corporate Officer(s)
Titles
Partner(s)
n Attorney -in -Fact
Trustee(s)
Guardian /Conservator
Other:
Signer is representing:
and
and
Limited General
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document: Bond
Number of pages:
Date of document:_
Signer(s) other than named above: none
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE.
a Sr/
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of
County of JY-CU�oP
On _�D - - - 1 before me, ii / Y�v 4"a,
Date Name and Title of Officer (e.g.. "Jane Doe. Notary Publicl
personally appeared - J-�_I_)CX_rX V ,
I Name(s) of signers)
versonally known to me - OR - 7 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
emq his /her /their signature(s) on the instrument the person(s),
�� plpt�4. or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signatur of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: LCQ � r
Document Date: �0— , 6 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's
- Individual
7Corporatp��\�jfficer -
Title(s): —r Z'
- Partner Limited General
Attorney -in -Fact
Trustee
- Guardian or Conservator
Other:
Signer Is Representing:
RIGRT THUMBPRINT
OF SIGNER
Signer's Name:
D Individual
Corporate Officer
Title(s):
Partner — Limited �D General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
0 1995 National Notary Association • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park. CA 91909 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 -876 -6829