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Home My WebLink AboutC-6274 - Grand Canal Sand Maintenance ProjectJanuary 12, 2017 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Attn: Fouad Houalla 2610 Avon Street Newport Beach, CA 92663 Subject: Grand Canal Emergency Sand Maintenance Project — C-6274 Dear Mr. Houalla: On January 12, 2016, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 21, 2016 Reference No. 2016000028266. The Surety for the contract is American Contractors Indemnity Company and the bond number is 1000897666. Enclosed is the Faithful Performance Bond. Sincerely, # 4., 04p- Leilani I. Brown, MMC City Clerk Enclosure rremium: $4,987.00 Executed in Duplicate Premium is for Contract Term and is subject to EXHIBIT B adjustment based on the Final Contract Price CITY OF NEWPORT BEACH BOND NO. 1000897666 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,967.00 being at the rate of $ 23.50 (, First $100K. $18.00 Thereafter thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Metro Builders a Engineers Group, Ltd. hereinafter designated as the "Principal," a contract for. the work required for the completion of this contract consisting of: (1) distribute construction notices; (2) protect in place all existing improvements, utilities, and boat platforms; (3) remove and dispose of incidental debris from the existing seawall embankments along both sides of the Grand Canal within the limits of work; (4) transport and place imported sand; (5) protect in place all eelgrass within the Grand Canal; and (6) complete other incidental items of work as needed, 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 American Contractors Indemnity Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty-six Thousand Five Hundred Dollars and oo MOO ( $246,500.00 ) 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 City, only in the Page B-1 event 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 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 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 18th day of SeptemV ,205. Metro Builders 8 Engineers Group, Ltd. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety 601 South Figueroa Street, 161h Floor Los Angeles, CA 90017 Address of Surety (714) 740-7000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICI By: (('r-)( Aaron C. CAM o9lz2417 City Attorney Signature Jase Hamilton, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED l�Ilillllll OFATT Ih illp�iu�Vlfii lill'illlill �Ih1Il110I'llIlmi, -- AMERICANCONTRACTORSINDEMNITY COMPANY :TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY ' U.S. SPECIALTY INSURANCE COMPANY KNOW ALL ISN BY THESE PRESENTS. at Oterican Contractors Indemmt�ott ny, a California corporation exas r i an assumed n d ctors Indemul _ ates Surety Cog aboi Specialty In II II Ice it I 1piJI I, corporation l tl-11=h = ies") do by s l tu�d�ppomt: Vu - - Jeffrey W. Cavignae, James P. Schabarum II, Jase Hamilton or Theresa Lou of San Diego California its true antUawf d.Attomey(s)-in fact, each in thrarse to capacity if more than one bove, with full power and authol stn --'ts name, place ti l e i knowled e an a ^la ds rec nt _ &&i de riders a �n � �' s surety, __ m' I s or contr ��+� "a., "� 'h IIP,'lIIII 8 D0118ra tys lot exceed Sftean Mill on This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, th"e President, airy Vice -President, any Assts Vice -President, any Secretaryor any Assistant Secretary shall be and is hereby vested :with full 'atic andmilillairl�tpoint any one or mq lq le as (iey(s)-m-Fact to reprs nt miar alfofthe Company �' li I �'�P.; � <. - �� iven full power a of and on beh f l amu.*eFEknowledge and My o azances, contracts, agreements or in ° ''d outer conditional or obligatory unlaMrW imll"Eng any and all consents for o retained percentages and/or final estimates on engineering and construction .contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such insnaments so executed by any such Attomey-in-Factshan be binding upon the Company as if signed by, the President and sealed and effected by the Corporate Secretary. Bei Re thedinhe signature of any authorized officeealte Company heretofore or be;ft�'ll power of attorney or any certificating_ e� esttm -any power of attort��imde signature or t �e $I I binding upon the t�s[o= which it is alfa I', 1 i I� ��.tm III �N WITNESS WHEREOF, The Comptes cave caused this instrument to C I$ h el and their corporate seals to bIm6a fixed, this 1 st day of December, 2014 AMERICANCONTRACTORSINDEMNITYCOMPANY TEXAS BONDING COMPANY COur=$cal UNITED STATES SIFRI iANY U.S SPECIALTY INSURANCE -COMPANY Iliff VIII V x»now® a w o Ili : : 4a £. By�.. xi a t `ate �iF rq P' s Daniel P. Aguilar, Vice President 4q wuro uRN\0'3 W ,y y N\P Mun un+W M1p,�aFl ,' 'zW n �j ,V,M A t}gt 'c _ ter. officer completing this certifisMe veers only the identity of the i clivi kit hot ed the: elm' -'s certificate is a I ess,accumcy, yob eles SS: � - ppyl' 1V1611k.9111 i1tl1141 lilll""i'llllll On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Contractors Indemnity Company, Texas Bonding Company; United States. Surety Company and U.S. Specialty .I the basis of satisfactory evidence to be the person whose time i squbscribed to the a is 1` and that by his si, th dl, a person, or the et �II�II ii '1"'ili II �'i Ili �I' -M� YOF PERJURII 11 4,1 iiol e'l to lof California that MGM EN -M hand and official seal. �� villll' it t Signature (Seal) I hue€= haho-€son - ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hentheir authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person($) 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 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certifieate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of San Diego )ss. On September 18 .20 15 before me, Claire Owens Notary Public, personally appeared Jase Hamilton proved to me on the basis of satisfactory evidence to be the person($} whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herftheiF authorized capacity(ies), and that by his/her/their signatures* on the instrument the person(s), or the entity upon behalf of which the person(&) 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. r.eat. CLAIREOwENs COMM. #2039887 WITNESS my hand and official seal. ,� - WT^R+ PIIS C-CMIR1aWA sAN DIEGO CouNW l A /Lu�V t� tti l 1Ar commWomBons wwwo Signature (seal) Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of ��YP.>rL►( Jl fy On Q I� Date personally appeared CIVIL CODE 4 1 Ie9 SHELLY JEAN, IRVINE Commission s 2018404 o Notary Public - California z Orange County D - My Comm. Expires Apr 7, 2017 r Place Notary Seal Above who proved to me on the basis of satisf cry evidence to be the person aj'whose nameX s/ re subscribed t within instrument and ackrfowle ged F��loQQQ me that he he/they executed the same in er/their orized capacity(i and that by Is er/their signatur5W on t e in the person/, or the entity upon behalf of which the personXacted, 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 Signatu OPTIONAL Though the information below is not required by law, it may and could prevent fraudulent removal and reattac Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(fes) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THIiMBPRIN? OF SIGNER and official seal. aald`,ly@Yape/sone relying on the document of this form to another document. Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing . -- -- -,anon.. n ..y nsscn:.aaon • natwnamorary.oM • 1 -WB -U5 NUTAHY (1-B00-876-6827) Item #5907 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC March 28, 2016 Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd. Attn: Fouad Houalla 2610 Avon Street Newport Beach, CA 92663 Subject: Grand Canal Emergency Sand Maintenance Project - C-6274 Dear Mr. Houalla: On January 12, 2016, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 21, 2016, Reference No. 2016000028266. The Surety for the bond is American Contractors Indemnity Company and the bond number is 1000897666. Enclosed is the Labor & Materials Payment Bond. Sincerely, 44� 4. Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov Executed in Duplicate Premium is included in the Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 1000897666 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Metro Builders a Engineers Group, Ltd. hereinafter designated as the "Principal," a contract for the work required for the completion of this contract consisting of. (1) distribute construction notices; (2) protect in place all existing improvements, utilities, and boat platforms; (3) remove and dispose of incidental debris from the existing seawall embankments along both sides of the Grand Canal within the limits of work; (4) transport and place imported sand; (5) protect in place all eelgrass within the Grand Canal; and (6) complete other incidental items of work as needed, 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, American Contractors Indemnity Comoany 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 Two Hundred Forty-six Thousand Five Hundred Dollars and 00%100 ( $246,500.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomeys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seg. 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 13th day of September —.20 15 . Metro Builders & Engineers Group, Ltd. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety 601 South Figueroa Street, 16th Floor Los Angeles, CA 90017 Address of Surety (714)740-7000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S, OFFICE 0 Aaron C. Ri rp Uro o°Il City Attorney Authorized Fouad Houalla, Signature IJase Hamilton, Attomey4n-Fad _ Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page A-2 Jill ),III h Ilhull 1 OF ATTQi � �III�I�V p IIPIIu11�l1�'� �� iI IIID ER VIII IVI VIII ��,hI AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KN#2W ice] BY THESE P SE TS:u pq t�lerican Contractors IRdsmnton�, a California cororahonas >n assumed o j, II c 6' ctors Indemm�� i motes Surety CoIy�-�- r r _ Specialty In 1 ' 111 11 exa .corporation I � _ dies"), do by � con ti ute-and appoint: = -- Jeffrey W. Cavignac, James P.Schabarum1I, Jase Hamilton or Theresa Luu of San Diego California --i s3twe w ttomey(s)-in-fact_sa�m e e capacity if moref114" ne I ve, with full powerand azli ity -�letn inti name, place=te _knowledge an�al Ia �ds, recognr� til[ terir i rrreR s or contra of tr rle riders, a ts, �,e" s of surety, ami enn ty does not exceed *****fifteenMdlion**** 1 Dollars ($ 0$�OO.OIV* ), This Power of Attorney shall expire without further action on December 20, 2017. This. Power of Attorney is: granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies Be it ResaW th�"`_ President, any Vice -President, anto 1 cellPresident, any Secretary or any Assistant etary shall be and is hereby vested with full > �t ipomt any one. of III t tbja� 4ey(s}in.Fact to re� alI of the Company t�h _i � � ven full ��q2,ey az y gi powernlliA nadie of and on beha �a te,�x knowledge and c recognizances, contracts, agreements or indem and other conditional or obligatory untFia rings, including anyand all consents for 4WINFlease of retained percentages and/or final estimates on engineering andconstruction contracts, and any and all notices and documents canceling or terminal the. Company's liability thereunder, and any such instruments so executed by any such Attorney-m-Factshall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. — - _signature of any authorrzadafi-ic lie Company hcretofo t I power of attorney or an=�cati mg_ APZtwmTo c y power of attor; ile signature or pd 1 �1 binding upon the — itl>apti€ �'&MNrynqahnitg which it sanaduld IIIGI i1 1!11 W S 11(1111 11 IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED AT IIS. III CI ANY U.S. SPECIALTy�N'CE/MPANY. w �a av+e fi m® m* wP � N )law 9 =3 131 1� g By— t-, �£ y� ?� sr py s ^ F Daniel P. Aguilar, Vice President N Ca4Fo-- I b *u d° * d ••wnwpu. M"° •Mm mn� 4A notaryWIRMc r officer compleh>i h rt ve_.only the identity of vi II � ed the �ttto certificate is a_ 1 _ ss, accuracy, o y tl d s III 111111 I'I VIII II�III Coul of Los Angeles SS. — II 111a On this Ist day of December, 2014 before me Mann G Rodnguez Wong a notary, public personally .appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company Texas Bonding Company United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basissL tisfa€d evidence to be theperi In who a bscnbed to the within mstrumentand acknowledged to me that he executed the same in Vi and that by his si I 1 t> s a Person, or the cmyKWW&hNdC6I%QiWftpcmn acted, execuggllbtdffnei_ ceiffi— Aril OF PER JUR Y' III .Ilh 11 f Ilia III Illdl 16I' California that) ggi�g s e and correct JITNESS my hand and official seal. FI ItM �1' FAARiA G: ROORIGUEZ•IIONG Commission 0 20497)1 Signature (Seal) Notary Public - California e 10 11T u l�haeT Uhalekson,Assistant Secrete �ieriaaft1.ontractors Indemnity Co I I �; exas IdiniCompany, United Sta1N0§1FI1rffCmf04ny and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is atrue and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. a �t�,{ the seals of sa - III d t�C�itks f Angeles, Cahfomt lis - a ave hereon h . I)I 1111 I corporate Seals s�„IeN✓o�;•,,, ., rssua2•m x,.Ho�k�". ��`:o ,w,_ _ Bond No. _�1g=enc X352 Michael Chalekson, Assistant Secretary 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 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. (seal) State of California County of San Diego ) ss. On September 18 20 15 before me, Claire Owens Notary Public, personally appeared Jase Hamilton proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/heri..,e'��'• signatures(s-) on the instrument the person(a), or the entity upon behalf of which the personM 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. iai.AlHF. OWFJV3 W%IITNESS my hand and official seal. a COMM. #2003M7 C waram +�euo Cu�roerw S" weucr+:cwNry My Co mieeion � ! Signature �� vuousial.2W� (steal) Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of ®rr�no,e 1l On ,Ii 1 before me, Date l6 personally appeared l wit CML CODE § 1189 who proved to me on the basis of satisf tory evidence to be the person whose name Is re subscribed to th within in rument and ack owed me that a he/they executed the same in Vrs� er/their a orized c acity(ie and that by SHELLY JEAN IRVINE er/their signaturn t e instrument the Commission Y 2016404 n( or the en y upon behalf of which the at Notary Public - California a person jacted, executed the instrument. Z =' , Orange county > 'r My Comm. Expires Apr 7, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my faQcljnd official seal. Signature: Place Notary Seal AOove OPTIONAL Though the information below is not required, law, it may proveva and could prevent fraudulent removal and reattachment of Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual womm ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Notary Public b tp.¢ersW relytng on the document form to another document. Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 2010 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800.8766827) Item #5907 RECORDING REQUESTED BY AND WHEN RECOfzb`Ed RETUKN'TO`.I City Clerk City of Newpor�Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder iII�IIIIIII�III��III��IIII�I��I�III�I�IIIIIIIIIIIII�IIIIII�IIIII11 NO FEE * $ R 0 0 0 8 1 0 3 6 2 8$* 2016000028266 3:15 pm 01/21/16 143 406 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Houalla Enterprises Ltd. DBA Metro Builders & Engineer Group, Ltd, Newport Beach, as Contractor, entered into a Contract on September 22, 2015. Said Contract set forth certain improvements, as follows: Grand Canal Emergency Sand Maintenance Project C-6274 Work on said Contract was completed, and was found to be acceptable on January 12, 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is American Contractors Indemnity Company. BY �P , s 1-4 Le Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. / Executed on ��Y I �i �� at Newport Beach, California. Fin 17 /A ; 4,tw UZ Cl<I FO F��P January 13, 2016 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH CITY CLERK'S OFFICE Leilani Brown, MMC RE: Notice of Completion for the following projects: • Grand Canal Emergency Sand Maintenance Project - Contract No. 6274 Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, L it i I. Brown MMC City Clerk Enclosures 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 . www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Houalla Enterprises Ltd. DBA Metro Builders & Engineer Group, Ltd, Newport Beach, as Contractor, entered into a Contract on September 22, 2015. Said Contract set forth certain improvements, as follows: Grand Canal Emergency Sand Maintenance Project C-6274 Work on said Contract was completed, and was found to be acceptable on January 12, 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is American Contractors Indemnity Company. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. r Executed on �anu�cr� )3 at Newport Beach, California. CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 AM on the 16th day of September, 2015, at which time such bids shall be opened and read for GRAND CANAL SAND MAINTENANCE PROJECT Contract No. 6274 $ 255,000.00 Engineer's Estimate Approved by Mark Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification (s) required for this project. "A" or "C-12" For further information, call Fong Tse, Project Manager at (949) 644-3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www. ne wportbeachca. goy/government/open-transparentlonline-services/bids- rfps-vendor-re oistra tion City of Newport Beach GRAND CANAL SAND MAINTENANCE PROJECT Contract No. 6274 TABLE OF CONTENTS NOTICE INVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND.............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT...................................................................................................................22 LABOR AND MATERIALS PAYMENT BOND.......................................................A-1 FAITHFUL PERFORMANCE BOND..................................................................... B-1 INSURANCE REQUIREMENTS...........................................................................0-1 PROPOSAL...............................................................................................................PR-1 SPECIAL PROVISIONS............................................................................................SP-1 2 City of Newport Beach GRAND CANAL SAND MAINTENANCE PROJECT Contract No. 6274 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent 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. 3. 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. 4. 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 successful bidder's security shall be held until the Contract is executed. 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. 3 B. 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 insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 at seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 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. 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. The signature below represents that the above has been reviewed. 597589 A, B, C-10 Contractor's License No. & Classification 1000002925 06/30/16 DIR Reference Number & Expiration Date Metro Builder Engineers Group, Ltd, Bidder A orized Signature/Title September 11, 2015 Date 4 City of Newport Beach GRAND CANAL SAND MAINTENANCE PROJECT Contract No. 6274 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 the Total Amount Bid Dollars ($ 10% of Total Amount Bid), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of GRAND CANAL_ SAND MAINTENANCE PROJECT, Contract No. 6274 in the City of Newport Beach, is accepted by the City Council of 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 11th day of September 015. Metro Builders & Engineers Group, Ltd. Name of Contractor (Principal) Authorized S' nature/Title Fouad Houalla, President American Contractors Indemnity Company Name of Surety 601 South Figueroa Street, 16th Floor Los Angeles, CA 90017 Address of Surety (714)740-7000 Telephone thori`zed Agent Signature Theresa Luu, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & SuretV must be attached) -POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: - Jeffrey W. Cavignae, James P. Schabarum II, Jose Hamilton or Theresa Lunt of San Diego California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place_and stead, to execute, acknowledge and deliver any and all bonds, recognizances, uudertak�gs or other instruments or contras of suretyship to include riders, amendments, and consents of surety, providing the. bond penalty does not exceed - -_ *****fifteen Million***** Dollars ($ *,000,000.00** ), This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: 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 Attorney(s)-in-Fact to repress and act for and on behalf of the Company subject to the following prarrsrons: _ Armrney-in-Fact may be given full power and authority for and in the time of and on behalfrrfthe Company, h> execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, 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 - Me Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearmg imile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. - _ IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY soft S'µpiNG per-• q,� xRE 61 G:. .p`gp C`O 'qy'q i M `0 og Q: 3x aye 6 y'. it Y a a pie Daniel— P. Aguita�r, Vice President p'•yp11fb0.M•Pnoe 5n»uy*, ''ii'9TeOFtE�P"�a`- .-•>�• A notary public or other officer completing this,certifrcate vcii only the identity of the individual who signed the document to which this certificate is attached aril not the it Milriess, accuracy, or validity of that document. State of California County of Los Angeles SS: On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in 6is;anthwazed capacity, and that by his signature on the instrument the person, or the entitysPon behalfat which the person acted, executed the instrument. I oci tify under PENALTY OF PERJURY under the laws of the State of California thar4he foregoing paragraph is true and correct. -- WITNESS my hand and official seal. - - MARIA G. RODRIGUEZ40" Commission N 2019772 Signature _(Seal) `Z Notary Public - California i Z Los Angeles County Comm. Ea Ira Dec 20,2027 I, Michael Chalekson, Assistant SecretaryofAmerieaatontractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of SEP 9 9 - 9I11F CorporateSeals "' ° flNtRACi'Ogy 3ii9.511Rf'.'�4 r.NQ C.. iva; ' •ko'- .-sur:, , r'. :'- yoi o N ,m! ..._�....5". m er: _ e <.. aPr' + � s >` Bond No. _ Michael Chalekson, Assistant Secretary Agency No. 2352 NI CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Cali-GYyt 10;- } County of s 1.'1 CLQ C } Ongt) 11' 15 before me,C IGt I Vr Q(tll vvtc , rt�i) cI pUia); t , ere r wi 3 e orfrc p{ mer personally appeared —The r-e&r,, L t_,y who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) Is re subscribed to the within instrument and acknowledged to me that he/ Tie they executed the same in hi hs�e their authorized capacity(ies), and that by his their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(&-) 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. CLAIRE OWENS COMM. #2039887 WTARY PUBUf CAUFORtNA BAN DIEGO COUNTY U my Commission Expires Qtgry Pry Puublic Signature (Notary Public A@ll AUGUST 31, 2017 Wj OF THE ATTACHED DOCUMENT (Title ardesaiption of atlached document) of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current Cal fornix stares regarding notary wording and, tfneeded, should be completed and attached to the document Acknowledgments from other states may be completedfor documents beingsent to that state so long as the wording does not require the Cal fornia notary to violate Col fornia notary law. • State and County information must be the State and County where the document signer(s) pcssooally appeared before the notary public for acknowledgment. • Date of noter Ation must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name a, it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarfation. • Indicate the correct singular or plural forms by crossing off incorrect fors (i.e. hecshelthe); is /ars ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines, if seal impression smudges, reseal if a sufficient area permits, otherwise complete a different acknowledgment for. • Signature of the notary public must match the signature on file with the office of the county clerk. t Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a ditTerent document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this docmnent to the signed docmnent with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Californi County of �r2 "'"' " On�,O-m Date personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SHELLY JEAN IRVINE '-� Commission #.2018404 i�;; w - ,y Notary Public - Califofnia i Z -.;`"' p_ ! Orange County s My comm. Expires Apr 7, 2017' Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mv/fi$nd and Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ✓G<VG'e/ .`i'ti.-�ti4'iv1� ✓4�v .vi -a 'uTITT 02014 •nal Notary Associationwww.NationalNotary.orga :11 •TARY (1-800-876-6827) Item#591 City of Newport Beach GRAND CANAL SAND MAINTENANCE PROJECT Contract No. 6274 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractors Information Bid Item Description of Work %of Number Total Bid Name: Address: Iv hil Phone: State License Number. DIR Reference: Email Address: Name: Address: Phone: State License Number. DIR Reference: Email Address: Name: Address: Phone: State License Number. DIR Reference: Email Address Metro Builders & Engineers Group, Ltd. President Bidder Authori ed Signature/Title 8 City of Newport Beach GRAND CANAL SAND MAINTENANCE PROJECT Contract No. 6274 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Metro Builders & Engineers Group, Ltd. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 (See attached) Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. W See attached No. 2 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. �-A No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 See attached No. 4 Project Name/Number Project Description Approximate Construction Dates; From To:_ Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person T Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 See attached No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessaryA( �a at" Attach to this Bid the experience resume of the person who will be designated as General Con truction Superintendent or on-site Construction Manager for the Contractor.VS(k Vkst Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of theontractor's current financial conditions. Metro Builders & Engineers Group, Ltd. Bidder 12 President List of References Tse, Fong City of Newport Beach Project Manager FTSE@newportbeachca.gov (949) 644-3321 Meghan Aldrich, P.E. City of Los Angeles - Bureau of Engineering I Department of Public Works Civil Engineer- Project Manager meghan.aldrich@lacity.org (213)847-4713 Jon Haskett City of Los Angeles Senior Civil Engineer - Wastewater Conveyance Construction Division jon.haskett@lacity.org (626) 755-5410 Arsen Voskerchyan City of Los Angeles Civil Engineer - Project Manager arsen.voskerchyan@lacity.org (213)847-4756 And! Wang Metropolitan Transportation Authority Director of Capital Project, Transit Project Delivery WangA@metro.net (213) 922-4722 Tom Lee Metropolitan Transportation Authority Project Manager leet@metro.net (213) 922-7284 Denise Longley Metropolitan Transportation Authority Director of Construction longleyd@metro.net (213)922-7294 Ajith Perris Metropolitan Transportation Authority Civil Engineer/Resident peirisa@metro.net (213) 922-4771 Scott McConnell Metropolitan Transportation Authority Construction Manager McConne[IS@metro.net (213) 312-3116 Matthew Sinacori City of Dana Point City Engineer msinacori@DanaPoint.org (949) 248-3574 Ron Birkhead State of California Director Public Works rbirk@parks.ca.gov (916)284-9648 Joe DeMello Metropolitan Transportation Authority Construction Manager demelloj@metro.net (213)842-9662 Kelli Tunnicliff City of Anaheim Head of Inspection Ktunnicliff anaheim.net 714-765-5176 X:4922 Completed Projects Metro Builders and Engineers Group Ltd. 2610 Avon Street, suite A Newport Beach, CA 92663 (949) 515-4350 Tel, (949) 515-4351 FAX Owner: City of Los Angeles - Bureau of Engineering Contact: Jon M. Haskett Phone Number: (213) 485-5864 Project: Air Treatment Facility - ECIS - Mission & Jesse Location: 651 Mission Rd, Los Angeles, CA Contract Value: $16,983,044.05 Description: Construction of Air Treatment Facility -- 25' deep shoring, concrete basement, pumping equipment, sewer odor control equipment, electrical and instrumentation. % Done By Metro: 75 % Completion Date: 7/31/2015 Owner: City of Los Angeles - Bureau of Engineering Contact: Meghan Aldrich Phone Number: (213)847-4713 Project: Rainforest of the Americas - LA Zoo Location: LA Zoo, 5333 Zoo Drive, Los Angeles, CA 90027 Contract Value: $16,844,759.00 Description: Construction of several buildings, retaining walls, exhibits, animal cages, life support systems, mechanical, and electrical systems at the LA Zoo. % Done By Metro: 35 % Completion Date: 3/26/2015 Owner: Metropolitan Transportation Authority Contact: Scott McConnell Phone Number: (213) 312-3116 Project: C1048 Westside Subway Advanced Utility Relocations Location: Wilshire Blvd near La Brea Ave, Los Angeles, CA Contract Value: $8,420,916.00 Description: Advanced Utility Relocations for future subway construction. Relocates domestic water service lines and electrical power duct banks within city streets. % Done By Metro: 85 % Completion Date: 10/27/2014 Owner: City of Huntington Beach Contact: Safa Kamangar Phone Number: (949) 585-0477 Project: Algonquin Sewer Lift Station Location: Algonquin St & Pearce Dr, Huntington Beach, CA Contract Value: $2,357,951.00 Description: Replacement of existing sewer lift station with new sewer lift station located in the street. Replacement of sewer force main at multiple locations. % Done By Metro: 85 % Completion Date: 6/26/2014 Completed and In -Progress Projects Metro Builders And engineers Group Ltd. Page 1 of 2 9/11/2015 Owner: Metropolitan Transportation Authority Contact: Thomas Lee Phone Number: (213)922-7284 Project: MRL Union Station West Entrance Skylight Location: Union Station, Los Angeles, CA Contract Value: $410,000.00 Description: Modifications to existing skylight structure to add ventilation to Metro Red Line Subway Entrance. Includes removal and reinstallation of skylight, modifications to fire sprinkler system, modifications to structural supports, and installation of new % Done By Metro: louvers. % Done By Metro: 85 % Completion Date: 5/5/2014 Owner: Sanitation Districts of Los Angeles County Contact: Jennifer James Phone Number: (562)699-7411 Project: JWPCP Dewatering Facility Location: 24501 S Figueroa St, Carson, CA Contract Value: $10,576,162.00 Description: Construction of dewatering facility, including concrete wet well, masonry building, equipment installation, electrical and instrumentation, utility relocations, site asphalt, and other site improvements % Done By Metro: 75 % Completion Date: 9/18/2013 .............................................. Completed and In -Progress Projects Metro Builders And engineers Group Ltd. Page 2 of 2 9/11/2015 CitV of Newport Beach GRAND CANAL SAND MAINTENANCE PROJECT Contract No. 6274 NON -COLLUSION AFFIDAVIT State of California ) ss. County of Orange ) Fouad Houalla being first duly sworn, deposes and says that he or she is President of Metro Builders & Engineers Group Ltd. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged Information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. , I declare under penalty of perjury of the laws of the State of Caliibmia that the foregoing is true and correct. Metro Builders & Engineers Group, Ltd, Bidder President Subscribed and sworn to (or affirmed) before mebn this 11th day of September , 2015 by Fouad Houalla , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ( Shelly Jean Irvine of P i SHELLY JEAN IRVINE Commission 8 2018404 IS i.,ri" Notary Public - California i April 7, 2017 _" yf Orange County n My Commission Expires: My Comm Expires Apr 7, 2017 13 City of Newport Beach GRAND CANAL SAND MAINTENANCE PROJECT Contract No. 6274 DESIGNATION OF SURETIES Bidders name Metro Builders & Engineers Group, Ltd. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Broker: Jase Hamilton, Cavignac & Associates 619-744-0568 450 B Street 18th Floor, San Diego, CA 92101 Surety: American Contractors Imdemnity 601 South Figueroa Street 16th Floor Los Angeles, CA 90017 14 City of Newport Beach GRAND CANAL SAND MAINTENANCE PROJECT Contract No. 6274 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Metro Builders & Engineers Group, Ltd. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 161 Current Record Record Record Record Record Year of for for for for for Record 2014 2013 2012 2011 2010 Total 2015 No. of contracts 1 4 4 1 4 2 16 Total dollar Amount of Contracts (in 17,000,000 23,000,000 26,000,000 15,000,000 15,500,000 10,000,000 106,500,000 Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 2 1 0 0 1 4 No. of lost workday cases involving permanent 0 0 0 0 0 0 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 161 Houalla Enterprises DBA Metro Builders & Engineers Group, Ltd. Legal Business Name of Bidder Business Address: 2610 Avon Street Newport Beach, CA 92663 Business Tel. No.: 949-515-4350 State Contractor's License No. and 597589 A,B, C-10 Classification: Title Qres;deni- The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitati Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE l`L.a �e,a¢ a .aLaL/"s�Y�<Gft/s�C �Ga .aC:..a .a✓a .aeCs>taGa ,a2.a•_aY3f .a .aC at(aUiiC.atx�C �L �¢ �� ¢.at.aMa� s�G 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 CaliforniE�r ) County of ) On owo,yIU'before me, 11YUU�1/UUUIV,(1 C.r'Vu Date Hen: I rt Name and Tifle oft Officer personally appeared Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be tl7e personWwhose nam K Is re scribed to the within instrument and acknoVpdged to me thatLl(she/they executed the same in i er/their authorized capacity(Xi , and that b his/her/their signaturWon the instrument the persox,, or the entity upon behalf of which the persoW acted, executed the instrument. SHELLY JEAN IRVINE Commission M 2018404 Notary Public - California z Orange County My Comm. Expires Apr 7, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Orapd and official of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: •✓4'�/4'd '✓SL/.Lv v `u4\�'.✓•+/4'�'G'✓'+/<'v'v4.Y�.a��{`v,SV�.4(ai✓�ti."✓GVS'✓S'uG-a ✓SL,S\''�.��t✓S• City of Newport Beach GRAND CANAL SAND MAINTENANCE PROJECT Contract No. 6274 ACKNOWLEDGEMENT OF ADDENDA Bidders name Metro Builders & Engineers Group, Ltd. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 09/14/2015 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 GRAND CANAL SAND MAINTENANCE PROJECT CONTRACT NO. 6274 I DATE: September 11, 2015 BY: ��/�4 City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. CHANGED: 6-7 TIME OF COMPLETION. 6-7.1 General. Add to this Section, "All contract work shall be completed within sixteen (16) consecutive working days ..." 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. 1 have carefully examined this Addendum and have included full payment in my Proposal. Metro Builders & Engineers Group, Ltd. Bidder's Name (Please tnt) September 14, 2015 Date Houalla, President Authorized Siqnature & Title City of Newport Beach GRAND CANAL SAND MAINTENANCE PROJECT Contract No. 6274 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Metro Builders & Engineers Group, Ltd. Business Address: 2610 Avon Street Newport Beach, California 92663 Telephone and Fax Number: 949-515-4350; 949-515-4351 California State Contractors License No. and Class: 597589 A, B, C-10 (REQUIRED AT TIME OF AWARD) Original Date Issued: 07/03/1990 Expiration Date: 7/3112016 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: Fouad Houlla, President The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Fouad Houalla President 2610 Avon Street Newport Beach, California 92663 949-515-4350 Corporation organized under the laws of the State of California iE The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NIA All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NIA For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; City of Huntington Beach, Si ,!j� aKcur, ca9Gt� 5'2S• b1A -4 ,2Cl�o h'�Ltin rNurrtiinub-YiTaP*t, Ck 612XAI�' Briefly summarize the parties' claims and defenses; They would not go to mediation without a lawsuit filed. This was our only recourse. We do not plan on pursuing this in court. Our intention is fort is to e resolved in mediation. This was a procedural step in their procedures to resolve compensable delays. Have you ever had a contract terminated by the ownerlagency? If so, explain. No. Have you ever failed to complete a project? If so, explain. 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 labompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Ye< No 19 Are any claims or actions unresolved or outstanding? es No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Fouad Houlla of Owner or President of Cd Metro Builders & Engineers Group, Ltd. President Bidder AiAhorized Sianature/Titk Title September 15, 2015 Date On September 15, 2015 before me, Shelly Jean Irvine , Notary Public, personally appeared Fouad Houalla , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SHELLY JEAN IRVINE California �) Commission M 2018404 Notary Public - California Notary Public in an f r aid t z •h, y "t Orange County 4 Comm. Expires Apr 7, 2017 My Commission Expires: April 7, 2017 KA City of Newport Beach GRAND CANAL SAND MAINTENANCE PROJECT Contract No. 6274 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specked in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 JULIO A. VELASCO 1345 S. PARTON ST. • SANTA ANA, CA 92707 • PHONE (714) 315-4860 EMAIL: ]11L1OQMPTRORU]LDERS C0\1 WORK EXPERIENCE AND KNOWLEDGE ♦ November `03 — Present Metro Builders & Engineers Group, Ltd, Newport Beach, CA January 113 — Present: Project Manager Schedule development, review and control, constructability review, value engineering, evaluate bids and recommend award, construction and contract administration, change orders and negotiations activities, and claims mitigations. Coordination of activities included interfacing with clients as well as architects, contractors, consultants, utility companies and public agencies. Preparation of Submittals, RFI's, Change Orders, subcontracts, daily project reports, weekly safety meetings, Manage and oversee entire project including project communication and project documentation, meetings with project Owner and A/E, selecting of vendors and subcontractors, pay requests, closeouts and Assists Field Superintendant and Field Foreman as necessary. November '03 — December 112: Project Engineer/Project Coordinator Preparation of Submittals, RFI's, Change Orders, subcontracts, daily project reports, weekly safety meetings, Manage and oversee entire project including project communication and project documentation, meetings with project Owner and A/E, selecting of vendors and subcontractors, pay requests, closeouts and Assists Field Superintendant and Field Foreman as necessary. November'03 — Present: Field Safety Officer Oversee all Health and Safety aspects of company operations and the fitness and welfare of all employees. This includes but is not limited to; ensuring optimal Safety and Injury prevention is practiced at all times. Ensuring the use of all Personal Protective Equipment (PPE) including respiratory and ear protection. Ensuring the safe operation of all motor vehicles, heavy and light equipment and all tools. Cooperation with Human Resources Manager, investigating, completing and forwarding of all reports regarding company personnel. This also includes preparing of all Reports and Records. Immediate intervention of employees when improper safety procedures are noted. Record all event of this nature and keep records of each employee. Assisting Project Superintendents with all aspects of Company Safety Program. This includes but is not limited to; Weekly job Specific Tool Box Meetings, job Hazard Analysis's and all components of planning, communication and coordination. PROFESSIONAL EXPERIENCE 2007 -Present Metro Builders & Engineers Group, Ltd. Newport Beach, CA Project Manager ■ Algonquin Sewer Lift Station ■ MTA Division 9 Fire Protection System ■ Pacoima Dam Hoist and Operator House for Cableway • joint Water Pollution Control Plant - Dewatering Facility Modifications • MTA Red Line Civic Center Station Escalator Replacement • City of Newport Beach - Waste Water Pump Station Rehabilitation • Baldwin Hills Scenic Overlook, Culver City, CA 2002- 2007 Metro Builders & Engineers Group, Ltd. Newport Beach, CA Project Coordinator • Downtown Anaheim Fountain • Air Treatment Facility ECIS - La Cienega and Jefferson ■ Laguna Beach Public Parking and Corporation Yard • Police Facility Lobby Renovation . New Bus Washes at Div 5, 7, 10, & 18 • V WRF Odor Control Project, Ventura, CA • James & Rosemary Nix Nature Center at Laguna Coast Wilderness Park ■ Crystal Cove State Park -Phase I • Salt Creek Ozone Treatment Facility, Dana Point, CA ■ Roger D. Teagarden Ion Exchange Water Treatment Plant, Mira Loma, CA • Torrance Beach Renovations, Torrance, CA SUMMARY OF QUALIFICATIONS Overall experience in specific tasks are as follows: 6 Years, Project Manager 5 Years, Project Coordinator 5 Years, AutoCAD Draftsman EDUCATION, CERTIFICATIONS AND LICENSES • Associates Degree in CADD Technology - ITT Tech Institute — Nov. 1997 . OSHA 10 — Dec. 14, 2007 ■ Contractor State Lic. (# 928807) — Feb. 18, 2009 ■ Focus Four Hazards in Construction —Jan. 11, 2011 • Construction Health & Safety Technician (CHST) — Board of Certified Safety Professionals (BCSP) — Mar. 24, 2011 . HAZWOPER Training Certification — Oct. 1, 2012 . Fust Aid & CPR Training Course — Feb. 16, 2013 • Confined Space — Entry Supervisor, Entrant, Attendant — Feb. 16, 2013 U.S. Department of Labor Occupational Safety & Health Administration 1t\\ ClOrti,ficate of CompleAlon This certifies that Julio Velasco has successfully completed the curriculum for OSHA 10 HOUR COURSE FOR THE CONSTUCTIONINDUSTRY December 14, 2007 Signature of Trainer Signature of Student C( YI iX.11aM. aces INSVR NCE d80[6R5 Imine Nu.0A�n0 OSHA 10-lim. Cuns'rnoCrn:x. Iwn vxr 7L�+cnnu� anrlAs'nin �iili if�� H,n a . �.E: us coMxlal+v Txe OS11A W -1111;A Qxrne; i'Eln' NTLn By STIAI NAKI'1M. (SAf Stuart Nakutin, CSA, CSIT Director of Claims and Lose Control Julio Velasco Print Name of Student Certificate Of Completion Julio A. Velasco has attended an Occupational First Aid & CPR Training Course Presented By 0 Occupational Safety Training Systems Chino, California I0141 ( {l� Instructor ID 1F V • February 16, 2013 Issuer's Signature Class Date Occupational Safety Training Systems 877.404.6787 .Into A. Velapro has attended an Occupational First Aid & CPR Training 2/16/2015 Course s.04 ---- Expiration Date Issuer's Signature Instructor ID W 10141 -J1l_"Com Tmining"CPR&Finn Aid)—BBPpsrCCRTWl93 — Child& Ifdem — ABO Tho lova) .s ifieolion..Wls-.liA Rrh inilinls orlMOauplioml First AW&CPR Ixfmmor....uu dud o.ST.S..Ix. Emptl. rlhs O.S.T.S.lommwmnimdwffldndm nppmprum Ime sb.ve`rl e'gomw Ambmnn" for fmpanem guukuses in flus pmgmm insime American Emewnry CaNlac Cam. NGFATOS mud offer mumes ofNnfioml Commnus Guvldlms. O.S.T.s., 1., (SA) 40446797 Quality Safety Consulting and Training Since 1990 Some of the services that we offer... HAZMAT Certification CPR/First Aid Confined Since Forklift Training DOT/IATA/IMDG 10hr OSHA Construction Safety Audit. Hygiene Services Cal OSHA Compliance Assiatnnce For other available services, go to www.ostsine.com 2301 Bradl BOARD OF CERTIFIED SAFETY PROFESSIONALS Champ ign,IL Avenue Champaign, IL 61821 P;+1217-359.9263 ♦/��a � ST- ��CC,HST' jrCET F: 11 217-359-0055. E: bcsp(dbcsp.org I W: bcsp.org April 12, 2013 Julio Velasco 1345 S Parton Street Santa Ana, CA 92707 RECEIPT OF PAYMENT Order Date: December 19, 2012 Raid Date Payment Descnptlan Amount Paid 12119/2012 2013 CHST Annual Renewal Fee $120.00 :•,.. • 2301W. Bradley Avenue, Champaign, IL 618211 P: +1217-359-9263 To verify C—f atafae, Waft bccp.oV1-r#rma6ort_direcR ry. Having met the applicable requirements defined by Its bylaws, BCSP hereby authorizes the use of Construction Health and Safety Technician (CHST) to Julio A Velasco Expires on Certificate # Recertify by 12/31/2013 C2337 12/31/2018 SECRETARY CHST Wallet Card 8 Receipt I V.2011.11.01.OA I BCSP FEIN: 37.8982724 o Certified Safety proj Oand f Zoh //'' Upon the recommendation of the 4Ls' Board of Certified Safety Professionals, by virtue of the authority vested in it, has conferred on Julio A Velasco the credential of Construction Health and Safety Technician and has granted the title as evidence of meeting the qualifications and passing the required examination so long as this credential is not suspended or revoked and is renewed annually and meets all recertification requirements. OOpRD opC,F A VI&CHST° 0 0 QIP &d),3- `, March 24, 2011 DATE ISSUED C2337 CERTIFICATION NUMBER BOARO RE GENT SIGNATURE BOARDS ARV SIGNATURE STATE OF CALIFORNIA J i i:iii (C► James Miller Board Chair Pursuant to Chapter 9 of Division 3 of the Business and Professions Code and the Rules and Regulations of the Contrr< tors State t icense Board, the Registrar of Contractors clots htrt by issue this license to: JA VCO License Number 928807 to engage in the business or act in the capacity of a contractor in the following classificationts): B - GENERAL BUILDING CONTRACTOR Witness my hand and seal this day, February 18, 2009 Issued February 17, 2009 11111 !u smn Is rhv Pn,xrt, of thr RPg,stgr of Contw to,, ,s ,ua transfiuraiNc, and ,hail be n+urnal to th,• R,%,war upm 4rM d x1Mn wj• nded, o, Coked, a inwhdaial lot arty rvj t.,. hf t"Mi"'nt.1 .1Il,tl'mgt IVI. Stephen P. Sands Registrar of Contractors MGG N0:4v t9 This is to certify that: julto A `VeCasco Has successfully completed the State Building and Construction Trades Council's Focus on Safety 16 -Hour Train -the -Trainer Course On Focus Four Hazards in Construction January 26-27, 2011 Colton, California t �sy�iox "qy� 1 it { !. Robert L. Balgenorth, President Deogracia Cornelia Associate Director of Education State Building and Construction Trades University of California, Los Angeles Council of California, AFL-CIO Labor Occupational Safety and Health Program lit\l�\%J' 74 si .'�t A'F✓ PIS Safety Dynamics Group Enhansing sanitary. %ayrossrering sees . Certificate of Completion JULIO A. VELASCO Has successfully mr pletee the required training as outlined In Fed/OSHA 29 CFR, 1915.12, 1910.120,1200,151,132, 40 CFR AM CaVOSHA Title 8 CCR, 1531, 5192, 1594 for 40 HOUR HAZWOPER GENERAL SITE WORKER Date: 10/1/2012 Trainer ANDY ZEPEDA Safety Dynamics Group Enhancing safety. Empowering success. HAZWOPER TRAINING Certificate 20-05-4077 In accordance with the training requirements of FED/OSHA 29 CFR 1J = '4, 1c rJ 120. 19'f, 1200,19!J 151, 1910.132, 40 CFR ano CAL/OSHA Tile 5 CCR 1531, 5192. 5194 JULIO A. VELASCO Successfully completed the requirement for 40 Hour HAZWOPER General Site Worker Class Date: October 1, 2012 ' Inst-uctor. ANDY ZEPEDA Sionam�e. Joann Brayney, President Ce:,Ns1e rate October 1 , 2012 Safety Dynamics Group, Inc. 4141 Norse Way, Long Beach CA 90808 (562) 425-4_ OO1-7O " The Safety Compliance and Training Specialists" Since 1983 TRAVELERS J� Certificate of Attendance Awarded To Julio Velasco For Confined Space (4 hours) Entry Supervisor, Entrant, Attendant elG� / 4✓ — Rich Swan February 13, 2013 CAMERON R. KOSBAB, EIT 111 %2 28" Street, Newport Beach, CA 92663 1 (949) 300-2515 1 cameron.kosbab@gmail.com EXPERIENCE Metro Builders & Engineers Group, Ltd. Newport Beach, CA Union Station MRL West Entrance Skylight Ventilation — LA MTA Project Manager • SCOPE: Design -Build project to add taller louvers to improve the ventilation in the western entrance into the red line at Union Station. • ROLE: Manage the construction schedule and budget by coordinating all construction activities. Organize all subcontractors and in-house labor. CONTRACT VALUE: $450,000 CONTRACT DURATION: January 2014 —May 2014 Metro Builders & Engineers Group, Ltd. Newport Beach, CA Mission and Jesse Air Treatment Facility — City of Los Angeles Project Coordinator • SCOPE: Construct a facility that will treat the foul air from the East Central Intercept Sewer running through the City of Los Angeles. • ROLE: Procure all materials, issue all necessary submittals and RFIs, and generate RFCOs while maintaining the project schedule and meeting mandated milestones. Organize all subcontractor and in- house project activities. • CONTRACT VALUE: $14.9 Million • CONTRACT DURATION: January 2013 — Current City of Irvine, Public Works Department Summer Intern Irvine, CA May 2009 — August 2009 • Designed and edited drawings using AutoCAD following specifications set by the city of Irvine. • Aided engineers in revising and editing various GIS plans, including grading plans, tract plans, and parcel maps. • Inspected and photographed bike trails in the city of Irvine for modifications according to Southern California Edison specifications in order to create new drawing proposals. Architect Builder, Steven R Sloan Costa Mesa, CA Extern January 5, 2010 — January 7, 2010 • Shadowed a private architect over a three-day period, experiencing his duties throughout the day. • Sat in on a $20 million individual residential project development meeting. • Aided with residential remodel ideas and provided on-site residential remodel assistance. EDUCATION University of California, Berkeley — Engineering Berkeley, CA Bachelor of Science, Civil and Environmental Engineering August 2008 — May 2012 • Related Course Work: Mathematics, Physics, Sustainability, Statics, Geology, and Civil Engineering (Materials, Concrete, Structures, Project Management, Traffic Modeling, Probability, Statistics, Fluids) • Group Projects: Designing 30,000 sq. ft. building on UC Berkeley Campus site, Traffic Model for the Caldecott Tunnel section of the CA -24 HWY using provided traffic data University of Richmond Rome, Italy American Institute for Foreign Study Spring 2011 • Semester immersion in Italian language and culture. • Gained in depth and visual knowledge of Roman and Italian art history while obtaining course credits. SKILLS & AFFILIATIONS • Experience in MATLAB, Microsoft Office Suite, Microsoft Project, and AutoCAD • Member of the American Society of Civil Engineers (ASCE) • Certifications: OSHA 10 / Confined Space Entry Supervisor, Entrant, Attendant / CPR with AED / Underground Service Alert Safety Awareness MISC. EXPERIENCE Alpha Tau Omega Fraternity, University of California Berkeley, CA Recruitment Chair December 2009 — May 2012 • Manage $6000 budget to organize and plan 150 person events in order to attract prospective students in an efficient and effective manner. • Executive Board Member: manage the $30,000 budget and vote on pertinent measures. Recreational Sports, University of California Berkeley, CA Intramural Basketball and Volleyball Referee September 2008 — May 2012 • Supervise and officiate hour long intramural basketball and volleyball games weekly. • Run 3 -hour long training seminars for newly hired referees. Men's Club Volleyball, University of California Berkeley, CA Student Athlete August 2008 — May 2012 • Practice four days a week for 2-4 hours each day. • Participate in tournaments that can last up to 3 days and in 1-2 hour league play games in the Spring. • Instructor at youth volleyball clinic for local club team and high school team. AWARDS • First Team All Tournament - USA Volleyball National Championships, 2012 • Most Valuable Player—Northern California Collegiate Volleyball League, 2009 REFERENCES Sal Rodriguez • Project Superintendent, Klewin Construction • Phone: (323)229-2086 • Email: salvador4532@yahoo.com Alan Ho • Head Volleyball Coach, Woodbridge High School • Phone: (949)466-6594 • Email: aho@iusd.org Manuel Gomez • Director of Public Works, The City of Irvine • Phone: (949)724-7516 • Email: pw@ci.irvine.ca.us Kris Keller • Club Director, Vibe Volleyball Club • Phone: (925) 300-6166 • Email: kris@vbvibe.com GRAND CANAL EMERGENCY SAND MAINTENANCE PROJECT CONTRACT NO. 6274 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 22nd day of September, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd, a California corporation ("Contractor"), whose address is 2610 Avon Street, Newport Beach, California 92663, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work required for the completion of this contract consists of: (1) distribute construction notices; (2) protect in place all existing improvements, utilities, and boat platforms; (3) remove and dispose of incidental debris from the existing seawall embankments along both sides of the Grand Canal within the limits of work; (4) transport and place imported sand; (5) protect in place all eelgrass within the Grand Canal; and (6) complete other incidental items of work as needed (`Project' or "Work"). C. 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, it is mutually agreed by and between the undersigned parties as follows: 1. 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, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 6274, 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"), all of which 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. 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. COMPENSATION 3.1 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 Two Hundred Forty Six Thousand Five Hundred Dollars and 001100 ($246,500.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 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. 4. 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 Julio A. Velasco 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. 5. 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 Work to be rendered pursuant to this Contract. Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd Page 2 6. 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. The 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 (Government Code 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, 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. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Fouad Houalla Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd 2610 Avon Street Newport Beach, CA 92663 8. 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 Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 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 B 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 A and incorporated herein by reference. 9.2 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. 9.3 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. 10. 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 the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. 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 the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd Page 4 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided 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 cotenant 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. 14. PREVAILING WAGES 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 this 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. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. 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 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 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 Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd Page 5 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. 16.2 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. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, 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). 16.4 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. 16.5 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. 16.6 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. 16.7 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. Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd Page 6 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 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. 17.3 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. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 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. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd Page 7 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 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. 20.3 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. 20.4 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. 20.5 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. 20.6 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. 20.7 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. 20.8 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. 20.9 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. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Contract, the prevailing party shall not be entitled to attorneys' fees. Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd Page 8 2 0. 11 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 (1) and the same instrument. 21. 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, 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. 22. 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. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 9// rr / 5- By:'416T�—C 4 (j Aaron C'Hirp okm oglitalif City Attorney ATTEST: 15 Date: CITY OF NEWPORT BEACH, a Califon rgunicipal corporation Edward D. Mayor CONTRACTOR: Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd, a California c(>rporation By: 4uz ) M — By: Leilani I. Brown Fouad City Clerk Presid [END OF SIGNATURES] ualla and Secretary Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B - Faithful Performance Bond Exhibit C — Insurance Requirements Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd Page 10 Executed in Duplicate Premium is included in the Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 1000897666 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Metro Builders & Engineers Group, Ltd. hereinafter designated as the "Principal," a contract for: the work required for the completion of this contract consisting of: (1) distribute construction notices; (2) protect in place all existing improvements, utilities, and boat platforms; (3) remove and dispose of incidental debris from the existing seawall embankments along both sides of the Grand Canal within the limits of work; (4) transport and place imported sand; (5) protect in place all eelgrass within the Grand Canal; and (6) complete other incidental items of work as needed, 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, American Contractors Indemnity Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty4xThousand Five Hundred Dollars and 00/100 ( $246,500.00 ) 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. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 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 lath day of September —,20 15 . Metro Builders & Engineers Group, Ltd. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety 601 South Figueroa Street, 16th Floor Los Angeles, CA 90017 Address of Surety (714) 740-7000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE LIM Aaron C. Harp UM o01 City Attorney Authorized Fouad Houalla, Signature "Jase Hamilton, Attorney -in -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page A-2 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company; an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the' -Companies"), do by these presents make, constitute and appoint: Jeffrey W. Cavignac, James P. Schabarum II, Jose Hamilton or Theresa Lan of San Diego California its true and lawful Attomey(s)-in-factteach in heir separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place. -and stead,to exceatte, acknowledge and deliver any and all bonds, recognizanms, undertakings or other instruments or contras ofsuretysh to include riders, amendments, and consents of surety, providing the, bond penalty does not exceed *****fifteen Million***** Dollars ($—!!11,000,000-_00** ), This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it ResolvaA 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 aidWrity, to appoint any one or more suitable persons as Attorney(s)-in-Fact to repressor. and act for and an 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 on behal-ftf the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, 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 Resolver, that the signature of any authorized officerVal seal ofihe Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney orcerhfiQuic bearing P2eNimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached � IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 at day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY sya m o,iv'�u� u am 1r, S % ort x' ,'ata "q r� a a. By w a = Daniel P. Aguilar, Vice President 01 '4rG(iFpRMpFC °s0 ... 14�',eNL` 9>FOFTE�P` '�'�,,.'. .. A notary public or other officer completing this cerci- wwe vert only the identity of the individual who signed the documcnt to which this certificate is attaclrlA and act the to as, accuracy, or validity of that document. State of California County of Los Angeles SS On this Ist day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared DanP. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis o€glgtisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authm a isapacity, and that by his signature on the instrument the person, or the enthyupou behalf whirls the person acted, executed the instrument. I certify Wider PENAE Y OF PERJURY under the laws of the State of California that the fore g paragirapli is true and correct. WITNESS my hand and official seal. - MARIA G. RODRIGUEZ-NIDNG Commission • 2019771 Signature (Seal)i Notary Public � california z Los AnOeles County Comm. B Ir#s Dae 20, 2017+ I, Michael Chalekson , Assistant Secretory of American Cootractors Indemnity Company, Texas Bonding Company, United States: Surety Company - and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. --In W}' � hgre ave hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day Of awl" 1 u �� Corporate Sealsciv"�"", 3.msauge"Ta oa0Nouc0•,1. :°"acv mi i4P ,EFnIIY YY Bond No. Michael Chalekson, Assistant Secretary ?.., :err +Pg < Agency No. 2352 9i,wx ea 'op 1`''•,,, *��+� 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 names) 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego )Ss. On September 18 20 15 before me, Claire Owens Notary Public, personally appeared Jase Hamilton proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within Instrument and acknowledged to me that he/""fir executed the same in his/herAheir authorized capacity(les), and that by his/hef/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. r•.--AIRF. OWENS WITNESS my hand and official seal. 4 comm. 0zo3�e� + " Horan MEGO COVIN arWl Sans wetao uwnnv My Commission Extras Signature �w'U6us1 51.2017 I) Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 0�1 On Ili before me, Date personally appeared t;,uII CIVIL CODE § 1189 who proved to me on the asis of satisf tory evidence to be the person whose name is re subscribed to th within in rument and ack owle ged me that a he/they executed the same in his/ er/their a orized c�acity(i and that by SHELLY JEAN IRVINE er/their signature(a'( on Me instrument the commission r 2010404 z rson(�j! or the en It�ty upon behalf of which the at_=o• Notary Public - California z persorV acted, executed the instrument. z "�''" �' Orange County s My Comm. Expires Apr 7, 2017 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my I}atldAnd official seal. Signature: Place Notary Seal Above OPTIONAL Though the information below is not required bylaw, it may proveva and could prevent fraudulent removal and reattachment of 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): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER e to*ersW relying on the document form to another document. Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: P, 2010 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY It -800-876-6827) Item 85907 Premium: $4,987.00 Executed in Duplicate Premium is for Contract Term and is subject to EXHIBIT B adjustment based on the Final Contract Price CITY OF NEWPORT BEACH BOND NO. 1000897666 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,987.00 being at the rate of $ 23.50 ) First $100K. $18.00 Thereafter thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Metro Builders & Engineers Group, Ltd. hereinafter designated as the "Principal," a contract for: the work required for the completion of this contract consisting of: (1) distribute construction notices; (2) protect in place all existing improvements, utilities, and boat platforms; (3) remove and dispose of incidental debris from the existing seawall embankments along both sides of the Grand Canal within the limits of work; (4) transport and place imported sand; (5) protect in place all eelgrass within the Grand Canal; and (6) complete other incidental items of work as needed, 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 American Contractors Indemnity Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty-six Thousand Five Hundred Dollars and 00 /1OO ( $246.500.00 ) 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 City, only in the Page B-1 event 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 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 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 18th day of septemb 120 15 . Metro Builders & Engineers Group, Ltd. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety 601 South Figueroa Street, 16th Floor Los Angeles, CA 90017 Address of Surety (714)740-7000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICI By: AL�\ �- (F -r -I Aaron C. Harp UM o9lzz1ii City Attorney 'A'gent Jase Hamilton, Attorney -in -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page B-2 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL NIEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: - Jeffrey W. Cavignac, James P. Schabarum II, Jase Hamilton or Theresa Lou of San Diego California its true and lawful Attorneys) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to inclade riders, amendments, and consents of surety, providing the bond penalty does not exceed _ *""fifteen Million***** Dollars (S **I 3;000;000.00** ), This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: 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 tu_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: =_ A#nmey- -tart maybe given full power and authority for and in the time of and on behaWvf die Company, taexecute; acknowledge and deliver, any and all bonds, -%vecogaizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and my and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal tn'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 mile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this I at day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY CorporateSeals--:. UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY BUgF, �a N�1Nc �a `\y\nsmtn..... By - ex q3 ."' =y� ;:? ,� s `° Darnel P. ePresident •p y4niFORN'1 oo• '-.,O'-.. 1t1-• to ",?soFtEy'p9c ....*1 .. mC�.� nm� 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 out the truthfu!_ness, accuracy, or validity of that document. State of California - On this Ist day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the. person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his autharitiosapoft and that by his signature on the instrument the person, or the emty3 pon behalf ofwhich the person acted, executed the instrumant. I cerh£ymrdir 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. MARIA G. RODRIGUE2-WONG P Si Commission 4i 2049771 gnstore (Seal) _ :�_� Notary Public - California i Los Angeles County s h Comm. Ea Ices Dec 20, 2017 J - I, Michael Chalekson , Assistant Secretary of American Uoactois Indemnity Company, Texas Bonding Company, United Stats Surety Company and U -S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Wi Whe t I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of Corporate Seals �ooanc:'8as , uRFTY °°`° o c,N, I ice IINNN( oto: 'r/lI /D'Ii Michael Chalekson, Assistant Secretary Bond No. Agency No. 2352 ?$i. "°`„` °tea'' ',�� ham`„ s'. 'sr 'py�.�- % ♦ ` ;;Foci o°'` 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, accura(y, or validity of that document. State of California County of )SS. On 1,20 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 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. (seal) State of California County of San Diego ) ss. On September 18 20 15 before me, Claire Owens Notary Public, personally appeared Jase Hamilton proved to me on the basis of satisfactory evidence to be the person(s) whose names} islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theiF authorized capacity(ies), and that by his/t•^',� mei signatures* on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.CLAIREOWENS hand d' ' W COMM. #2039867 NOTARY RKIC-CALIFORNIA WITNESS my and official seal. �o SAN DIEGO COUNTY My E�Irea lv �y�� UGUS-Ts 1 AUGU97 37, 2017 Signature (seal) Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Q vz I Date personally appeared CML CODE § 1189 who proved to me on the basis of satisfa Cry evidence to be the personXwhose nameyV4 s/ re subscribed t^. within instrument and ackrfowle ged In me that he he/they executed the same in hi erltheir orized capacity(i and that by Is er/their signature on t e Instrument the SHELLY JEAN IRVINE personf4, or the ent7ty upon behalf of which the Commission r 2018404 personXacted, executed the instrument. a,�='a Notary Public - California z z orange county = I certify under PENALTY OF PERJURY under the My Comm. Expires Apr 7. 2017 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my heAd and official seal. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may and could prevent fraudulent removal and reattac 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 — ❑ Individual WkEffln ❑ Partner — ❑ Limited [-]General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing dYo-person6 relying on the document form to another document. Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing ,e emu National nocary nssociaaon • Nanonalmtary.arg • c-5uo-us NUIANY (1-5013.515-5927) Item #5907 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. 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. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employers Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and 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, employees and volunteers. If applicable, Contractor shall provide coverage for all its employees for any injuries or claims under the U.S. Longshoremen's and Harbor Workers' Compensation Act, the Jones Act or under laws, regulations, or statutes applicable to maritime employees. By signing this contract, Contractor acknowledges compliance with these regulations. 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 Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd Page C-1 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 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. Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd Page C-2 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at 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 Houalla Enterprises Ltd. DBA Metro Builders & Engineers Group, Ltd Page C-3 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. 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 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 9/21/15 Dept./Contact Received From: Raymund Date Completed: 9/21/15 Sent to: Raymund By: Chris Company/Person required to have certificate: Metro Builders & Engineers Group Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11/1/14-11/1/15 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? N Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 11/1/14-11/1/15 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? N Yes ❑ No D. LIMITS - If Employees (Must be $1 M min.. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 11/1/14-11/1/15 A. INSURANCE COMPANY: Travelers Property Casualty Company of America B. AM BEST RATING (A-: VII or greater): A++:XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF N0, WHICH ITEMS NEED TO BE COMPLETED? Approved: e Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 9/21/15 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 Date * Subject to the terms of the contract. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL GRAND CANAL SAND MAINTENANCE PROJCET CONTRACT NO. 6274 To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: PR 1 of 2 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 6274 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 1. Lump Sum Mobilization and Demobilization @ �,i�N �hyltt�iry� Dollars 7 trz) and Cents $ O 06 Per Lump Sum 4$0)06D ,0 p 2. Lump Sum Traffic Control @ FjVt1 0anA Dollars and Cents $ 500006 Per Lump Sum i�55 000. oo 3. Lump Sum Remove and Dispose of Debris @ -Two -Thdui—A Dollars and 7 -try _Cents $ '1000,00 Per Lump Sum #a,000.0& 4. Lump Sum Delineate Existing Eelgrass Bed @ 1-.J0 -�dub'r<IA Avf, 64W— Dollars and �_�,� TCI U Cents $ a�SUb.OD Per Lump Sum 6D)5_0 p 0D PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 2,550 CY Place Sand @ Si Dollars and 7s2rD Cents $ 60.6b $ JfJ06 .06 Per Cubic Yard 6. Lump Sum Rough Grade Import Sand Source @ Fow Thmand Dollars and 3t-ro Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS 1) and ents ktlrn(¢t✓ Date Ngg)51=4-35; NL0061s-.�351 Bidder's Telephone and Fax Numbers Vk b E. �Jvfl. rA,&4-1 o aIbrfi\tb✓i N,, Bidder's License No(s). Bidder's Address and Classification(s) $ y,rx,o.va Total Price (Figures) Signature and Title 10 Bidder's email address:��u�dl . b c0m � tw,UI� Yb�(U IGL s • Dvn Fouad R. Houalla Curriculum Vitae 1988 -Present President of Metro Builders and Engineers Group Ltd. Manage and supervise construction operations. Our projects have ranged from structural concrete projects such as concrete buildings, parking structures, concrete bridges, to electro -mechanical projects, such as RO systems, and telecommunications improvement to tenant improvement on major hotels such as the Marriott, and engineering projects such as parks and site improvements, underground utilities, and parking lots. 1986-1988 Project Engineer and Project Manager at C&A Inc., Orange, California. Project Engineer for a multi-million dollar office building and apartment buildings. Duties included field supervision and quality control. Was later promoted to Project Manager and duties included all aspects of operations as well as contract administration. 1984-1986 Structural Engineer at Century Hill Engineering, Tustin, California. Duties included complete structural design of medium rise buildings, and seismic analysis of high rise buildings in downtown Los Angeles. 1984 Master of Science in Civil Engineering (UC Regents Fellow), UC Berkeley (Construction Engineering & Management) 1983 Bachelor of Science in Civil Engineering (Magna Cum Laude), UC Irvine (Structural Analysis & Design) Resume - Fouad Houalla - QAQC Officer PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS GRAND CANAL SAND MAINTENANCE PROJECT CONTRACT NO. 6274 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2-6 WORK TO BE DONE 1 2-9 SURVEYING 1 2-9.3 Survey Service 1 SECTION 3 CHANGES IN WORK 2 3-3 EXTRA WORK 2 3-3.2 PAYMENT 2 3.3.2.3 Markup 2 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE 2 OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 2 6-7 TIME OF COMPLETION 2 6-7.1 General 2 6-7.2 Working Days 3 6-7.4 Working Hours 3 6-9 LIQUIDATED DAMAGES 3 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 3 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 3 7-5 LICENSES 3 7-8 PROJECT SITE MAINTENANCE 4 7-8.5 Temporary Light, Power and Water 4 7-8.6.2 Best Management Practices (BMPs) 4 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 4 7-10 PUBLIC CONVENIENCE AND SAFETY 4 7-10.1 Traffic and Access 4 7-10.4 Safety 5 7-10.5 "No Parking" Signs 5 7-15 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 5 SECTION 9 MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.1 General 9-3 PAYMENT 9-3.1 General 9-3.2 Partial and Final Payment SECTION 200 200-1 200-1.5 SECTION 316 316-1 LOCATION MAP PART2 --- CONSTRUCTION MATERIALS ROCK MATERIALS ROCK PRODUCTS Sand PART 3 ---CONSTRUCTION METHODS PLACEMENT OF IMPORTED SAND GENERAL DWG NO. H -5234-S (2 SHEETS) MAP OF IMPORT SAND SOURCE MAP OF APPROXIMATE EELGRASS PRESENCE (9/2015) OCTOBER 2015 TIDE CHART N 6 6 6 6 7 7 7 7 7 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS GRAND CANAL SAND MAINTENANCE PROJECT CONTRACT NO. 6274 INTRODUCTION SP 1 of 8 All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans H -5234-S; (3) the survey data compiled by Coast Surveying; (4) the Eelgrass Map; (5) the City's current Standard Special Provisions and Standard Drawings for Public Works Construction; (6) the current Standard Specifications for Public Works Construction, including supplements; and (7)the current edition of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.). Copies of the Standard Specifications may be purchased from Building News, Inc. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work required for the completion of this contract consists of (1) distribute construction notices; (2) protect in place all existing improvements, utilities, and boat platforms; (3) remove and dispose of incidental debris from the existing seawall embankments along both sides of the Grand Canal within the limits of work; (4) transport and place imported sand; (5) protect in place all eelgrass within the Grand Canal, and (6) complete other incidental items of work as needed." 2-9 SURVEYING 2-9.3 Survey Service Replace this Section with, "Construction surveying services will be provided by the City." SECTION 3 - CHANGES IN WORK 3.3 EXTRA WORK 3-3.2 Payment SP2of8 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 6 ---PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Replace applicable portions of this section with, "The City intends to execute this project as follows: Project Award: September 22, 2015 Submit construction schedule, insurance, bonds, etc. contract documents to Engineer: by September 29, 2015 Pre -construction meeting: by October 1, 2015 Notice To Proceed: by October 5, 2015 First day of work: October 7, 2015" 6-7 TIME OF COMPLETION. 6-7.1 General. Add to this Section, "All contract work shall be completed within ten (10) consecutive working days after the issuance of the Notice To Proceed. However, given the uncertainty with tide variations and unforeseen weather, the City will provide the Contractor with additional no -cost working days provided the work has progressed to the satisfaction. of the Engineer." SP3of8 6-7.2 Working Days. Revise this Section with, "A working day is defined as a Monday through Friday day with a minimum of three (3) hours of continuous below +3.00 tide between sunrise and sunset. The City has identified the following dates as working days under this contract: - 10/7, 10/8, 10/9, 10/10 - 10/12,10/13, 10/14, 10/15, 10/16, 10/17 - 10/26, 10/27, 10/28, 10/29, 10/30, 10/31 6-7.4 Working Hours. Add to this Section, "While the City's normal working hours for construction activities are from 7:00 AM to 4:30 PM Monday through Thursday and from 7:00 AM to 3:30 PM on Fridays, the working hours for this Contract shall be from 7:30 AM until Sunset." 6-9 LIQUIDATED DAMAGES Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $5,000.00. 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 the work in an orderly, preplanned, and continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of the work." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 4 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. Add to this Section, "While the City does not have any substantial facility in close proximity to the Balboa and Little Balboa Islands for the Contractor to stage and stockpile his equipment and materials, it may be able to provide the Park Avenue/East Bay Front street -end on Little Balboa Island on limited basis. The Contractor shall nevertheless, at his own cost, make arrangements to stage and stockpile his equipment and materials as required to schedule and complete the work." 7-5 LICENSES. Modify the second paragraph.to read, "At the time of bid submittal and until the completion of work, the Contractor shall possess a valid "A" General Engineering or a "C-12" Earthwork and Paving License issued by the State of California. From the start and until the completion of work, the Contractor and each subcontractor shall possess a valid City Business License issued by City Finance Department. No work may proceed without the required valid City business license." SP4of8 7-8 PROJECT SITE MAINTENANCE. 7-8.5 Temporary Light, Power and Water. Modify this Section to read, "Due to the remote work location, the City does not have any utility hook-up points for light and power. The City, however, will provide the Contractor with reasonable gratis use of City water for the work." 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 the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this Section, "The Contractor shall take all precautions to protect in place all existing improvements, including but not limited to, sign posts, storm drain pipes, submerged water and sewer mains, boat platforms, private utilities through the existing seawalls, and all existing eelgrass within the Canal as identified by the Eelgrass Map." 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. Add to this section, 'The Contractor shall submit traffic control and detour plans to the Engineer for each phase of the work which will comply with the following requirements: 1. No work shall be performed from the Park Avenue Bridge and 2. Passage through the Grand Canal shall be maintained for emergency personnel, equipment, and vessels at all times. 3. Traffic Controls and/or a flag person shall be implemented at both sand source and placement locations." SP5of8 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 RECORDS / AS -BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and so certified by the Engineer at the time each progress invoice is submitted. Upon completion of the project, the Contractor shall provide "As -Built" corrections upon a copy of the Plans. The "As -Built" correction plans shall be verified by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three (3) years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SP6of8 SECTION 9 ---MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Add to this Section, 'The unit price bid for the work shall include the cost of all equipment, material, labor, and other costs required to arrange and complete the work per these Plans and Specifications and no additional shall be made." 9-3 PAYMENT. 9-3.1 General. Add to this Section, "Unless otherwise authorized by the Engineer, all construction quantities to be paid to the Contractor shall not include any work that the Contractor performed beyond the limits shown on the Plans and Specifications. Revise paragraph two to read, 'The unit prices shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work required to complete the Work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in unit prices paid for related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work under this contract. Item No. 2 Traffic Control: Work under this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans, signs, barricades, and all other work necessary to comply with the W.A.T.C.H. and City requirements. This item shall also include the delivery of all City notifications to area residents and boat owners, posting of construction signs, the use of flag persons at both sand source and placement sites, and all other costs incurred in completing the Work. Item No. 3 Remove and Dispose of Debris: Work under this item shall include the cost of removal and disposal of all non -hazardous debris such as soda cans, stones, cups, sandals, timber pieces, and other typical beach trash matters for the entire width and length width of the Grand Canal less the eelgrass bed. Item No. 4 Delineate Existing Eelgrass Bed: Work under this item shall include the cost of all labor and materials needed to stake and flag the existing eelgrass population as shown on the provided Eelgrass Map. Item No. 5 Place Sand: Work under this item shall include the cost of all material, labor, and equipment to retrieve and transport the source sand from the Mouth of Santa Ana River to the Grand Canal and place compact the sand in place. Payment shall be made on the average between the truckloads of sand placed and the volume calculated from the before and after surveys conducted independently by Coast Surveying, Inc. SP7of8 Item No. 6 Rough Grade Import Sand Source: Work under this item shall include the cost of all material, labor, and equipment to rough grade the area at the Mouth of Santa Ana River where the import sand was taken from so as to leave the site with a "smooth" and aesthetic appearance. 9-3.2 Partial and Final Payment. 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 200 ---ROCK MATERIALS 200-1 ROCK PRODUCTS. 200-1.5 Sand Add this Section to read, `The City has arranged for the Contractor to obtain gratis sand from the Mouth of Santa Ana River for this work. Access to the Santa Ana River can be made from Seashore Drive. In case the Contractor needs or desires to use another import sand source to complete the work, the Contractor at his own expense shall provide the Engineer with sand analyses which will certify that the proposed import sand 1) does not contain any chemicals that are detrimental to the eelgrass and other marine life in the area and 2) shall be at least as coarse as the following gradation: Sieve Screen Size % Passing 1/ 2" 100 3/8" 100 No. 4 100 No. 8 87 No. 16 67 No. 30 44 No. 50 26 No. 100 13 No. 200 8 PART 3 CONSTRUCTION METHODS SECTION 316 ---PLACEMENT OF IMPORTED SAND 316-1 GENERAL. Add this Section to read, "The Contractor shall collect and dispose of all surface debris found within the Canal prior to and during material placement. All precautions shall be taken during the material placement operation not to allow any eelgrass to be covered by any placed material. :. . The placed sand shall be compacted by mechanically or pneumatically driven rollers, rubber tires, or vibratory plates with a minimum of two (2) passes. Additional sand layers shall be placed to achieve the elevations and profiles shown on the Plans. In case of covered eelgrass, the contractor shall either remove the cover material to uncover the eelgrass or transplant additional eelgrass at the rate of 1.2 transplant to 1.0 covered at no additional cost to the City." SE 2`TP�VVc At�'��0;' 0A�4PU ... 3/iSlV1SA2t� 3IIV 3NOIVSV an n�C do °� �a �b 13� V W O w V A Z 1C�� 6z7 G WZ Z QU �O M Z 3AV 3NIWM 7 _ w 3AV XAMO X u' 3AVASAIt MW . .. w 3AV'N310dV . 0 m 3Av %'2703 ?¢ - v y.. , 3A''37a'ItidcS�s, � y W z d p, 3:9''ONOMWIG r- LL d s ¢ ameAsnH m 3AV S 411100 an n�C do °� �a �b 13� V W O w V A Z 1C�� 6z7 G WZ Z QU �O M Z North Bay Front 4C :.r ®� *JC IB `'A South Bay Front dJ BfJA Grand Canal Plan y Y e x,10 (E) ReaMamial plan C.g (E)II-sid Witter and piles(tya) (E)SW 0.88 and plies gyp.) 0.0 ]EITW B 13 (E) SW ].10 80 gg 9.0 BL - N18F SA - N SF ]:0 6.0 p 55 p45.00 �' 1 E ML4a _ - fEl' ML_Oir-ti-- - �� d0 a:0 .. `` .may - .. ZA ox ib 1.0 a 4.8 5.0. 4.0 0 20 ... "-;.." .. .. - - - .. -.. -. Section C -C Section A -A SOURCE: SM -W- mntmaa Ram BIN ten surveys,Ina (E)RaedenW,W LEND: 5g ReaMantiaPler and piles(typ.) t. Mudline condition varies over wall length. (E)BW B.BT a(E)nd Pilas(fyp.l) 4.0 NvBe DATUM:Cel"tornle State Piens, 2. Imported sand must be graded to assure no less than (N) New za.6, + VERTICALD 9. 80IEITW TW .. 85d '" -. 7.0 58 -.AV I F50 ..� 9.0 ] e 4.0 missing altogether. M3n..1r�- g 3-0 1.0 0.0 4A - .. ••-.. ..... 3.0 2A 0.0 30 I. -ko a.g 6.0. .. .. .. - 0.2 0 ... .. a 0 100 -5 0 Section A -A SOURCE: SM -W- mntmaa Ram BIN ten surveys,Ina NOTES: LEND: 01�INevmEd BJune 10, On19�2019 Eegmv Survey Dtla from H° t. Mudline condition varies over wall length. (E Edeenp NvBe DATUM:Cel"tornle State Piens, 2. Imported sand must be graded to assure no less than (N) New za.6, + VERTICALD 9. a 1:5 slope In a submerged condition. TW Top of Wall Elevation VERTICALDATUM: Moan laxer Lmv Weter(MLLV✓J. 1 3. Condition old. rods: Moet 00 nods aloe wall aro 8 ML Mudline Elevation I assumetl Cr known to have advance corrosion or are BF Sand Fill Elevation missing altogether. SW Sidewalk Elevation ANCHOR DING. ., H -5234-S IDEA SHT f of 2 6-2015 ^�+vr^aram'-ae .. -:.7 ::--3 "7WT"' IZEY[6WGIEI!BPdI" ...7,2muT'""^I �w.ti�m:"^urC4r:�rnmmm� j 90 p) New imported -2. granular sand 7.52'(t) i embedment 4.00' Flat Zone of Sand Pacemenl (compacted) -2.00' (t) Original design SOURCE: Drawing prepared from City of Newport Beach Plan No. 400 HORIZONTAL DATUM: California State Plane,Zone 8, NAD83, U.S. Feet. VERTICAL DATUM: NAVD88 SECTION Existing Concrete Pile Cap Existing Boardwalk EI. = Varies Existing Tie Rod -/ ExistingTimber Deadman Wall Panel Current range in mudline height around Grand Canal. Average depth of sand at wall (bottom of cap is -3.0') Soldier Pile NOTES: I. No calculations prepared - Opinion 2. Existing wall is not designed to accommodate seismic load cases. 3. Assumed wall distress hidden by shotcrete (-85 yrs old) 4. 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