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HomeMy WebLinkAboutC-7752-1 - Contract for the Improvement of Public Work Balboa Village Wayfinding Signs"K N U1 r CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK r BALBOA VILLAGE WAYFINDING SIGNS WITH OUTDOOR DIMENSIONS LLC V THIS CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK ("Contract") is made and entered into as of this 6th day of January, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and OUTDOOR DIMENSIONS LLC, a Delaware limited liability corporation ("Contractor"), whose principal place of business is 5325 E. Hunter Avenue, Anaheim, California 92807, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to fabricate and install wayfinding signs, maps and kiosks, as more fully described in the Contract Documents ('Project'). C. City has solicited and received a proposal from Contractor and desires to retain Contractor to render services under the terms and conditions set forth in this Contract. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of 60 consecutive days commencing upon issuance of the "Notice to Proceed". NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Contract shall commence on the Effective Date and shall terminate on September 30, 2020, unless terminated earlier as provided for herein. 2. SCOPE OF WORK 2.1. Contract Documents. The complete Contract for the Project includes all of the following documents: Request for Proposals/Bids, Instructions to Bidders, Proposal, and Designation of Subcontractors, attached hereto as Exhibit A; Proposal, attached hereto as Exhibit B; Insurance Requirements, attached hereto as Exhibit C; Labor and Materials Payment Bond attached hereto as Exhibit D; Faithful Performance Bond, attached hereto as Exhibit E; all Project Permits; the Standard Special Provisions and Specifications for Public Works Construction (current adopted edition and all supplements); and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"). Exhibits A, B, C, D and E, and all other named Contract Documents, are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2.2. Scope of Work. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project as identified in the Contract Documents ("Work" or "Services"). 2.3. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Work under this Contract and Contractor shall complete the Work within 60 consecutive days from the date of issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted may result in termination of the Contract by City. 4. COMPENSATION 4.1. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Thirty Thousand Sixty Nine Dollars and 78/100 ($30,069.78). Contractor shall not receive any additional compensation unless approved in writing in advance by City's Project Administrator as defined herein. City shall make full payment to Contractor no later than thirty (30) calendar days after acceptance of the Work by City. 4.2. This compensation includes: 4.2.1. Any loss or damage arising from the nature of the Work; 4.2.2. Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 4.2.3. Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. Outdoor Dimensions LLC Page 2 5. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Danielle Purcell to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Contract. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1. Contractor shall use only the standard materials and equipment as described in the Contract Documents in performing Work under this Contract. Any deviation from the materials or equipment described in the Contract Documents shall not be utilized unless approved in advance by the Project Administrator. 7.2. Contractor shall comply with the terms and conditions of the Contract Documents. 7.3. All of the Work shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Contract, and that it will perform all Work in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. 7.4. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Contract, all applicable federal, state and local laws, and legally recognized professional standards. 7.5. Contractor represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Contract. 7.6. Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to Outdoor Dimensions LLC Page 3 approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. CHANGE ORDERS 8.1. This Contract may be amended or modified only by mutual written agreement of the parties. 8.2. The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 8.3. There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1. City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 9.4. Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole Outdoor Dimensions LLC Page 4 negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 9.5. Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 9.6. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7. Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 9.8. The rights and obligations set forth in this Section shall survive the termination of this Contract. 10. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. Outdoor Dimensions LLC Page 5 13. PROGRESS Contractor is responsible for keeping the Project Administrator and/or designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings have been scheduled or are desired. 14. BONDING 14.1. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit E and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit D and incorporated herein by reference. 14.2. The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 14.3. Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 15. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in this Contract, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C and incorporated herein by reference. 16. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of perdiem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of perdiem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Outdoor Dimensions LLC Page 6 Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 17. PREVAILING WAGES If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 18. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the Work to be performed under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or co -tenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 19. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Proposal attached as Exhibit B. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 20. OWNERSHIP OF DOCUMENTS 20.1. Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Contract, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any Outdoor Dimensions LLC Page 7 other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 20.2. Documents, including drawings and specifications, prepared by Contractor pursuant to this Contract, are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Contract by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 21. RECORDS Contractor shall keep records and invoices in connection with the Work to be performed under this Contract. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Contract and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Contract. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, documents, proceedings and activities related to the Contract for a period of three (3) years from the date of final payment to Contractor under this Contract. 22. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. CONFLICTS OF INTEREST 23.1. Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 23.2. If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach Outdoor Dimensions LLC Page 8 and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 24. NOTICES 24.1. All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 24.2. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 24.3. All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Danielle Purcell Outdoor Dimensions LLC 5325 E. Hunter Avenue Anaheim, CA 92807 25. NOTICE OF CLAIMS 27.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract, except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Govt. Code §§ 900 et seq.). 27.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act Outdoor Dimensions LLC Page 9 requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26. TERMINATION 26.1. In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 26.2. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 27. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site as defined by the Contract Documents, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 28. STANDARD PROVISIONS 28.1. Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 28.2. Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach Outdoor Dimensions LLC Page 10 of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4. Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5. Conflicts or Inconsistencies. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 28.6. Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 28.7. Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 28.8. Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 28.9. Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11. No Attorney's Fees. In the event of any dispute or legal action arising under this Contractor, the prevailing party shall not be entitled to attorneys' fees. 28.12. Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] Outdoor Dimensions LLC Page 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN)=-Y'§ OFFICE Date: I r By: pD./'.Aaron C. Harp wuu i. t•zo City Attorney ATTEST: 2 /� 4 k Date: 3. 1. k By: a, ' C bajt�-- Leilam I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: (•��1� —zla?� By:-- j- Da A. ebb Public Works Director CONTRACTOR: Outdoor Dimensions LLC a Delaware limited liability corporation By: Outdoor Dimensions Holding Co., LLC Its Managing Member Signed in Counterpart Andrew Thompson Managing Member END OF SIGNATURES] Attachments: Exhibit A — Request for Proposals/Bids Exhibit B — Proposal Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Outdoor Dimensions LLC Page 12 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNgY'§ OFFICE a California municipal corporation Date: 2,10? -10 Date: By: poP,Aaron C. Harp W* wl-Lo City Attorney ATTEST: 0 Leilani I. Brown City Clerk By: David A. Webb Public Works Director CONTRACTOR: Outdoor Dimensions LLC a Delaware limited liability corporation Date: / /iN /Za By: Outdoor Dimensions Holding Co., LLC Its Managing Member Andrew Thompson ' Managing Member [END OF SIGNATURES] Attachments: Exhibit A — Request for Proposals/Bids Exhibit B — Proposal Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Outdoor Dimensions LLC Page 12 EXHIBIT A REQUEST FOR PROPOSALS/BIDS Outdoor Dimensions LLC Page A-1 CITY OF NEWPORT BEACH NOTICE INVITING BIDS (INFORMAL) Sealed bids shall be submitted electronically via PlanetBids 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM/PM on the 21st—day of October, 2019, at which time such bids shall be opened and read for BALBOA VILLAGE WAYFINDING SIGNS 16M12 Contract No. 7752-1 $45,000.00 Engineer's Estimate Contractor License Classification(s) required for this project: "C-45" License For further information, call Tony Brine, Proiect Manager at (949) 644-3329 City of Newport Beach BALBOA VILLAGE WAYFINDING SIGNS 16M12 Contract No. 7752-1 INSTRUCTIONS TO BIDDERS, 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with this INFORMAL NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO THIS INFORMAL BID AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) NON -COLLUSION AFFIDAVIT PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The Public Works Department will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). 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. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage 2 hotline number (415) 7034774, 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 et 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. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been revii%/ 1042246 Classification: C45 C61/D42 /�� �4- Brian Pickier President Contractor's License No. & Classification Authorized Signature/Title 1000016018 Exp: 06/30/2022 11/25/19 DIR Registration Number & Expiration Date Date Danielle Purcell Bidder City of Newport Beach BALBOA VILLAGE WAYFINDING SIGNS 16M12 Contract No. 7752-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT 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 Soecifications 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 subcontractors as listed in the Bidder's electronic bid 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. Bidders must also include DIR registration numbers for each subcontractor. Danielle Purcell Bidder Brian Pickier, President Authorized Signature/Title City of Newport Beach BALBOA VILLAGE WAYFINDING SIGNS 16M12 Contract No. 7752-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County of I [ ) Brian Pickier being first duly sworn, deposes and says that he or she is President of Outdoor Dimensions LLC , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. declare under penalty of perjury of the laws of the State of C_4forniaAat the foregoing is true and correct. Danielle Purcell Brian Pickier, President Bidder Authorized SignaturefFitle Subscribed and sworn to (or a�ffirmedp) before me on this 12- day of�Cez,-, LR X2019 by 1�6•� f-' i CKi,c--1— , 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. Notary Public [SEAL] _ My Commission Expires: �( /?' 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 Oranqe Subscribed and sworn to (or affirmed) before me on this 12th day of December , 20 19 , by B ria Pckl er proved to me on the basis of satisfactory evidence to be the persons gvho appeared before me. 0. WSTCCOM Notary 0Cublic -California Orange County Commission 0 2306126 _ o •' My Comm. Expires Sep 1B, 2023 (Seal) Signature City of Newport Beach BALBOA VILLAGE WAYFINDING SIGNS 16M12 Contract No. 7752-1 ACKNOWLEDGEMENT OF ADDENDA Bidders name Danielle Purcell The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Date Received City of Newport Beach BALBOA VILLAGE WAYFINDING SIGNS 16M12 Contract No. 7752-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Outdoor Dimensions LLC Business Address: 5325 E Hunter Ave, Anaheim, CA 92807 Telephone and Fax Number: 714-578-9555 / 714-693-9578 California State Contractor's License No. and Class: 1042246 : C45 C61/D42 (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: 07/31/2020 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: Danielle Purcell, Account Executive 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 Brian Pickler President 5325 E Hunter Ave, Anaheim, CA 92807 714-578-9555 Corporation organized under the laws of the State of Delaware limited liability company The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Outdoor Dimensions 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; Crane Development Corporation / 9605 Kearny Villa Road, San Diego, CA 92126 / 858-549-3920 Briefly summarize the parties' claims and defenses; A case is pending, but we are disputing the claim and are defending it on its merits. Have you ever had a contract terminated by the owner/agency? 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 labor coMp—fiance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes(/ No 9 Are any claims or actions unresolved or outstanding? Yes 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. Danielle Purcell Bidder Bran Pickler (Print name of Owner or President of Corporati n/Company) /y/ :✓'/ President Aut orized Signature/Title President Title 1112 Date On A- `zip, _r t.) L `before me,aLE, %._; Notary Public, personally appeared r,c c. , "1�j/ who proved to me on the basis of factory evidence to be the persoriKwhose names/ re subscribed to the within instrument and ac"wledged to me that 9e sbelYhey executed the same In ls�`herFtgeir authorized capacity that by.hi herilheir signature(s) on the instrument the personT5�,orthe entity upon behalf of which the personN 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. G-Tta, O'C �: X (SEAL) Notary Public in and for said State My Commission Expires: 'V/ Y �� 10 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 Orange ) On December 12th, 2019 before me, D. Gastelum, Notary Public (insert name and title of the officer) personally appeared Brian Pickler who proved to me on the basis of satisfactory evidence to be the person(ij,Whose name(,-)�soe , subscribed to the within instru ent and acknowledged to me that eyhe/thexecuted the same in his fiefft it authorized capacity -IL-4 and that signatureon 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. raa.� WITNESS my hand a official seal. 56 0. GISTELUM Notary public - California Orange County Commission a 2306126 RA fay Comm. Expires Sep It. 2023 Signature - (Seal) City of Newport Beach BALBOA VILLAGE WAYFINDING SIGNS 16M12 Contract No. 7752-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original 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 specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's 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. 11 City of Newport Beach BALBOA VILLAGE WAYFINDING SIGNS 16M12 Contract No. 7752-1 SAMPLE CITY CONTRACT 12 City of Newport Beach BALBOA VILLAGE WAYFINDING SIGNS 161M12 Contract No. 7752-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 To whom this may concern: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined all bid documents, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7752-1 in accordance with the Request for Bid, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 11/25/19 Date 714-578-9555/714-693-9578 Bidder's Telephone and Fax Numbers 1042246 - C45 C61/D42 Bidder's License No(s). and Class ification(s) 1000016018 DIR Registration Number Danielle Purcell Bidder �GPresident Bidder's Authorized Signature and Title 5325 E Hunter Ave, Anaheim, CA 92807 Bidder's Address Bidder's email address: DPurcell@outdoordimensions.com PR -1 City of Newport Beach Page 1 BALBOA VILLAGE WAYFINDING SIGNS (C-7752-1), bidding on October 21, 2019 10:00 AM (Padfic) Line Items Type Rem Code UOM Qty Unit Price Rei Section 1 1 Fabrication 8 Installation of Wayfinding directional Syn EA 5 2 Fabrication & Installation of Kiosk Stricture 3 Fabrication of Installation Location Map Fly 3 EA 5 Outdoor Dimensions LLC 5325 E. Hunter Ave. Anaheim, CA 92807 BID (714) 578-9555 Fax (714) 693-9578 Quote Q1os1o7 Date 12/6/2019 Page: 1 Bill To: Project: OUTDOOR DIMENSIONS LLC BALBOA VILLAGE OUTDOOR DIMENSIONS LLC 5325 E HUNTER ANAHEIM CA 92807 NEWPORT BEACH P.O No. Customer ID Salesperson Ship Method Terms Master No. OUTDOOR DANIELLE P I BEST WAY NET 30 31,086 Item No. Quantity Description 1 2SGN 1 WAYFINDING DIRECTIONAL SIGN Wayfinding directional signs Produce Per Comp A1_1 25.25' x 32' 2 2SGN 2 WAYFINDING DIRECTIONAL SIGN Wayfinding directional signs Produce Per Comp A1_1 36.5' x 32' 3 2SGN 2 WAYFINDING DIRECTIONAL SIGN Wayfinding directional signs Produce Per Comp A1_1 48" x 32" Unit Price Ext. Price $305.00 $305.00 $425.00 $850.00 $565.00 $1,130.00 4 2SGN 2 S/F KIOSK STRUCTURE WITH MAP $5.725.00 $11,450.00 Produce Per Comp A2_0 Client to provide site plan artwork 5 2SGN 1 DIF KISOK STRUCTURE WITH MAP $6,100.00 $6,100.00 Double -sided Kiosk with map on either side. Produce Per Comp A2_0 Client to provide site plan artwork 6 2SGN 1 S/F LOCATION MAP $310.00 $310.00 Produce Per Comp A3_0 Wall Mounted Client to provide site plan artwork 7 CAF 1 BONDING FEE $353.52 $353.52 8 31NS 1 INSTALLATION $3,200.00 $3,200.00 Install at project location. Map provided by Client. PREVAILING WAGE 'Permitting fees not included in quote Prices are valid for 45 days from the date of this contract Initial By: Date: Deposit: The above items are required ( 15-25 ) working production days. The above prices do not include permits or permitting labor/fees unless rioted Outdoor Dimensions LLC Quote Q109107 _ I 5325 E. Hunter Ave. Anaheim, CA 92807 BID Date 12/6/2019 (714)578-9555 Fax(714)693-9578 Bill To: OUTDOOR DIMENSIONS LLC OUTDOOR DIMENSIONS LLC 5325 E HUNTER ANAHEIM CA 92807 Project: BALBOA VILLAGE NEWPORT BEACH Page: 2 P.O No. Customer ID OUTDOOR I Salesperson DANIELLE P I Ship Method BEST WAY Terms NET 30 Master No. 31,086 Item No. Quantity Description Unit Price Ext. Price 9 6DWG 1 ENGINEERING DRAWINGS (CALCS) $500.00 $500.00 10 1MSO 1 SIGN/DESIGN CONTINGENCY FEE $4.000.00 $4,000.00 Prices shown are for budgetary purposes only and may Fluctuate after a full inventory and concept design are approved by the client. Lead time for an initial inventory and concept design is (15) working days. Prices are valid for 45 days from the date of this contract Initial By: Sales Total $28,198.52 Date: Deposit: Tax $1,871.26 The above items are required ( 15-25 ) working production days. The above prices do not include permits or permitting labor/fees unless noted Total Due $30.069.78 ill { ( m City of Newport Beach BALBOA VILLAGE WAYFINDING SIGNS 16M12 Contract No. 7752-1 APPENDIX A: REQUEST FOR BID City of Newport Beach BALBOA VILLAGE WAYFINDING SIGNS 16M12 Contract No, 7752-1 The City of Newport Beach is requesting a bid proposal to fabricate and install wayfinding signs, maps, and kiosks. The sign, map and kiosk quantities, dimensions, and installation locations are shown in the bid documents and are outlined below. Traffic control, if necessary, shall be per the latest edition of the Work Area Traffic Control Handbook (WATCH). The scope of work includes: 1. Fabrication and installation of five (5) wayfinding directional signs per the design in the bid documents, and at the locations shown in the bid documents. (Reflective material to be 3M Type IV Sheeting and with new mounting assembly). 2. Fabrication and installation of three (3) kiosk structures per the design in the bid documents, and at locations shown in the bid documents. 3. Fabrication of five (5) location maps per the design in the bid documents. The location maps shall be fabricated to be vandal and damage resistant. 4. One of the location maps shall be installed on the exterior of an existing restroom building. This location map is 32 inches by 32 inches in size. 5. The other four (4) location maps shall be installed within the kiosk structures. The kiosk maps are 32 inches by 44 inches in size. One of the kiosk structures shall have location maps installed on both sides. 6. The "YOU ARE HERE" message shall be positioned on each location map to match each kiosk location and the restroom location as shown in the bid documents. Final locations for installation of the signs, maps and kiosks to be determined in consultation with the project engineer. Attachments: Attachment A: Design Locations Attachment 8: Maps — Plans Attachment C: Kiosk Dimensions Attachment D: Individual Signs Attachment E: Typical Kiosk Attachment F: Wayfrnding Sign Detail Request for Bid tt v LL L I � °`fw°Pqo<.qE Newport Bay r y �. a�° �e s (4SPB4Y4VEN4E ` OeµQEa� - gi PEP, Ferry Own /�� Fun 1 !!'='}'.Zone � Q xE _4T � RE ` wa Balboa . �x� ou �� ;;• :: � y� Payilfon d f 0 Q EnsrgcEgxEqyxr } B = ' nq°MSrgffl `,g P ' io'Ula Pemnsara, P�ft . r ;y § Pacific Ocean Balboa Pier Xamx LEGEND KEY MAP You Are Here Beach Xeao„ Local Landmark Boats P� Public Restrooms "°° Isle I Hiya XevPoh �Xs Bus Stops Win Xq Sam. PennXUWe I.Wd O ® Public Parking a Parks BALBGA VILLAGE Shops and Restaurants Ferry Route Newport Bay sc V 4 wr c Ferry � ACB ie Fun D 7 done S � HgONS G- t =4 5;�� 4q'+ EIyfB EC W4wE yX#klARE Balboa o= v J A LEGEND ® You Are Here ja Local Landmark F19 Public Restrooms Eq Bus Stops © Public Parking Parks --- Ferry and Boat Route Commercial Beach (�)LLR.GFMAP KIOSK .'RESTROOM SIG' PCH Beach Pa rkim ng4 OLong Term Ferry Beach RIMARY iPANTONE iCMYK IRG6 iHEXACHROME PAiNTONE 302 100 74 40 32 ■ O 58 93 003A3D PANTONE 151 O 59 100 0 ■ 255 132 0 FF8400 :ont: Helvetica LT Std - Bold Condensed :apital letters 2"tall, lowercase letters 1.5"tall Long Term"text Capital letters 1.5"Tall, awercase letters 1 if 00 Ai - h 00 d� rn. o o N II T T0C�I' N II II T wl C 111 w du C www D 0 2 - u�=U'n m�Qa O a�a3o ua=w a ZEO- U: � G� EXHIBIT B PROPOSAL Outdoor Dimensions LLC Page B-1 Outdoor Dimensions LLC Quote Q109107 5325 E. Hunter Ave. Anaheim, CA 92807 BID Date 12/6/2019 (714)578-9555 Fax(714)693-9578 7 CAF 1 BONDING FEE $353.52 $353.52 8 31NS 1 INSTALLATION $3,200.00 $3,200.00 Install at project location. Map provided by Client. PREVAILING WAGE "Permitting fees not included in quote Prices are valid for 45 days from the date of this contract Initial By: Date: Deposit: The above items are required ( 15-25 ) working production days. The above prices do not include permits or permitting labor/fees unless noted Page: 1 Bill To: Project: OUTDOOR DIMENSIONS LLC BALBOA VILLAGE OUTDOOR DIMENSIONS LLC 5325 E HUNTER ANAHEIM CA 92807 NEWPORT BEACH P.O No. Customer ID Salesperson Ship Method Terms Master No. OUTDOOR DANIELLE P BEST WAY NET 30 31,086 Item No. Quantity Description Unit Price Ext. Price 1 2SGN 1 WAYFINDING DIRECTIONAL SIGN $305.00 $305.00 Wayfinding directional signs Produce Per Comp A1_1 25.25" x 32" 2 2SGN 2 WAYFINDING DIRECTIONAL SIGN $425.00 $850.00 Wayfinding directional signs Produce Per Comp A1_1 36.5' x 32" 3 2SGN 2 WAYFINDING DIRECTIONAL SIGN $565.00 $1,130.00 Wayfinding directional signs Produce Per Comp A1_7 48" x 32" 4 2SGN 2 SIF KIOSK STRUCTURE WITH MAP $5,725.00 $11,450.00 Produce Per Comp A2_0 Client to provide site plan artwork 5 2SGN 1 D/F KISOK STRUCTURE WITH MAP $6,100.00 $6,100.00 Double -sided Kiosk with map on either side. Produce Per Comp A2_0 Client to provide site plan artwork 6 2SGN 1 S/F LOCATION MAP $310.00 $310.00 Produce Per Comp A3_0 Wall Mounted Client to provide site plan artwork 7 CAF 1 BONDING FEE $353.52 $353.52 8 31NS 1 INSTALLATION $3,200.00 $3,200.00 Install at project location. Map provided by Client. PREVAILING WAGE "Permitting fees not included in quote Prices are valid for 45 days from the date of this contract Initial By: Date: Deposit: The above items are required ( 15-25 ) working production days. The above prices do not include permits or permitting labor/fees unless noted Outdoor Dimensions LLC Quote Q109107 5325 E. Hunter Ave. Anaheim, CA 92807 (714) 578-9555 Fax (714) 693-9578 BID Date 12/6/2019 Bill To: OUTDOOR DIMENSIONS LLC OUTDOOR DIMENSIONS LLC 5325 E HUNTER ANAHEIM CA 92807 Project: BALBOA VILLAGE NEWPORT BEACH Page: 2 P.0 No. Customer ID OUTDOOR Salesperson DANIELLE P Ship Method BEST WAY Terms NET 30 Master No. 31,086 Item No. Quantity Description Unit Price Ext. Price 9 6DWG 1 ENGINEERING DRAWINGS (CALCS) $500.00 $500.00 10 1 MSO 1 SIGN/DESIGN CONTINGENCY FEE $4,000.00 $4,000.00 Prices shown are for budgetary purposes only and may fluctuate after a full inventory and concept design are approved by the client. Lead time for an initial inventory and concept design is (15) working days. Prices are valid for 45 days from the date of this contract Initial By: Sales Total $28,198.52 Date: Deposit: Tax $1,871.26 The above items are required ( 15-25 ) working production days. The above prices do not include permits or permitting labor/fees unless noted Total Due $30,069.78 H 2 G7 Vf C7 2 2 a 3 h M O o � 0 �2Q ca Z n 20 and aye ■E❑ 0 zQ © O O O M O ¥N � > � ( ( \ \ to § (/ Z" ; §_ ! §-�§ !Ew§ E -- °� -!7209 .. f§ k )/\ ... ■z� d��� \\/)/ Z. ¥N � > � � k k I m �0.FS 4: |! § �(\ m �0.FS 4: |! § EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI I (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employeesand volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 Outdoor Dimensions LLC Page C-1 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 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 Outdoor Dimensions LLC Page C-2 insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. Outdoor Dimensions LLC Page C-3 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. I. 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. Outdoor Dimensions LLC 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: 3/4/2020 Department: Public Works Dept./Contact Received From: Raymund Reyes Sent to: Marissa By: Raymund Company/Person required to have certificate: Type of contract: Outdoor Dimensions Public Works Informal Contract I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 9/15/2019-9/15/2020 A. INSURANCE COMPANY: General Casualty Company of Wisconsin NAIC#24414 B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑✓ Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1M occur / $2M agg E. ADDITIONAL INSURED ENDORSEMENT— please attach [0 Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it Q Yes ❑ No F. included? ❑✓ Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be DYes ❑ No H. included): Is it included? 0 Yes ❑ No H. PRODUCTS AND COMPLETED OPERATIONS (Must OYes ❑ No I. include): Is it included? (completed Operations status does []Yes ❑ No not apply to Waste Haulers or Recreation) ❑ N/A 0 Yes ❑ No U. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 9/15/2019-9/15/2020 A. INSURANCE COMPANY: General Casualty Company of Wisconsin NAIC#24414 B. AM BEST RATING (A-: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? 0 Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1M E. PRIMARY & NON-CONTRIBUTORY WORDING ENDORSEMENT - please attach Q Yes ❑ No F. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ❑✓ No G. ADDITIONAL INSURED ENDORSEMENT—please attach DYes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? OYes ❑ No I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: QN/A []Yes ❑ No 111. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 9/15/2019-9/15/2020 A. INSURANCE COMPANY: General Casualty Company of Wisconsin NAIC#24414 B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): ❑✓ Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory Z Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1M F. WAIVER OF SUBROGATION (To include): Is it included? ❑✓ Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: R] N/A ❑ Yes ❑ No ADDITIONAL COVERAGES THAT MAYBE REQUIRED ❑ PROFESSIONAL LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ POLLUTION LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ BUILDER'S RISK EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: Auto Liability - coverage ANY autos Approved: Risk Manage ent 3/4/2020 Date Duplicate Original Executed in Duplicate EXHIBIT D CITY OF NEWPORT BEACH BOND NO. CMS0276763 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Outdoor Dimensions LLC hereinafter designated as the "Principal," a contract for the Improvement of Balboa Village Wayfinding Signs located at Various locations in the Balboa Village area, 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, RLI Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Thirty Thousand Sixty Nine Dollars and 781100 ($30,069.78) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required Outdoor Dimensions LLC Page D-1 by and in accordance with the provisions of Sections 9500 at 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 loth day of January , 20 20 . Outdoor Dimensions, LLC Name of Contractor (Principal) RLI Insurance Company Name of Surety 9025 N Lindbergh Drive Peoria, IL 61615 Address of Surety (309)692-1000 Telephone Authorized Si nature/Tlt' Ic Authorized Agent bIgnature A Victoria M. Campbell, Attorney -in -Fact Print Name and Title APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: Z By: For : Aaron C. Harp ��� City Attorney 01) NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Outdoor Dimensions LLC Page D-2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 4 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Qjyyanx��J- (� On UYt 124Q} 2-D2,0 before me, _U �L G �4 �D 1i� wLi alC, , ate n Here Insert Name and Title ofWe Officer personally appeared of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(A s re subscribed to the within instrument and acknowledged to me tha( /she/they executed the sam her/their authorized capacity(ies), and that bx9her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. C. WHITTAKER Notary Public • California = i -� Orange County Commission # 2167446 M Comm. EK ares Oct 10, 2020+ Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature�l�l Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(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: ©2018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORAIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange //``�/^� ) On I o — ab Quo before me, L. Clark, Notary Public Date Here Insert Name and Title of the Officer personally appeared Victoria M. Campbell 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+ie/she/they executed the same in his/her/their authorized capacity(ies), and that by hfs/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. EM ARK . Californias County Z 2170352 ns Nov 28, 2020 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 ' ey*.>.�® Signature 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 ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Fl Other: Signer Is Representing: ✓G�y 4\a4��vi4V�hy6'x4"u4'ti�-vG'e�G"v 'e�<"e''a --nG"dG'dG'dGVGVGLv4'uGCv_GLe{G'dG-vG"a 'ei POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800.645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Victoria M. Campbell. Stacy T. Eickhoffff, Natacha Rambert. Shea Hill, Heather Delach. Scherri Ransom, jointly or severally in the City of Irvine , State of California its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 1st day of March . 2019 . ,,,,,,,,,,,,,,, RLI Insurance Company �HpSpp ANO @ •, µpNCE pp , Contractors Bonding and Insurance Company SEAL:; = :SEAL: By._ . : �f Barton W. Davis Vice President State of Illinois SS County of Peoria On this Ist day of March 2019 . before me, a Notary Public, personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: t A&ktv,.V, 4L7VX Gretchen L. Johnigk I° Notary Public CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com an and/or ContraBonding and Insurance Company [his Com Uctorsawl) . RLI Insurance Company Contractors Bonding and Insurance Company By: � • ANiM Jean M tephenson Corporate Secretary 0435319020212 A0058817 '04 CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com an and/or ContraBonding and Insurance Company [his Com Uctorsawl) . RLI Insurance Company Contractors Bonding and Insurance Company By: � • ANiM Jean M tephenson Corporate Secretary 0435319020212 A0058817 Duplicate Original Executed in Duplicate F03ift:1`i7 CITY OF NEWPORT BEACH BOND NO. CMS0276763 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 451.00 being at the rate of $ 15.00 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Outdoor Dimensions LLC hereinafter designated as the "Principal," a contract for the Improvement of Balboa Village Wayfinding Signs located at Various locations in the Balboa Village area 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 RLI Insurance company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Thirty Thousand Sixty Nine Dollars and 78/100 ($30,069.78) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed Outdoor Dimensions LLC Page E-1 thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the loth day of January 2020 Outdoor Dimensions, LLC Name of Contractor (Principal) Authorized__ Signature/- litre— RLI Insurance Company Name of Surety 9025 N Lindbergh Drive Peoria, IL 61615 Address of Surety (309) 692-1000 Telephone APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: Z0ZE7 1 ra-nl . �_ 1i IRIEVE ' • '-• '•- • - 1 Victoria M. Campbell, Attorney -in -Fact Print Name and Title a° Aaron C. Harp �• City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Outdoor Dimensions LLC Page E-2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Californija�� 1 County of b t i1 /J}� I/- f On�Ctnuarfi (b, �IJZQ before me. U W �l l`-���, tV�T�^t 'iii lC6[(C� '-bate '� I Here Insert Name and Title of th Officer personally appeared t `�mP Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(ejUsPare subscribed to the within instrument and acknowledged to me tha he she/they executed the same i is her/their authorized capacity(ies), and that b 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. C. WHITTAKEq Notary Public - California Orange County s Commission 4r 2167446 My Comm. Expires Oct 10, 2020+ Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Publliic— ^nrl^uwI Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual D Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association of Pages: Signer's Name: ❑ Corporate Officer — Title(s): D Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On — U a0 QL0 before me, L. Clark, Notary Public Date Here Insert Name and Title of the Officer personally appeared Victoria M. Campbell Names) of Signers) 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+re/she/trey 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. L. CLARK Notary Public -California Los Commission es County z 2170352 pn My Comm. Expires Nov 28, 2020 p Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature i4— Signature oMtary 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: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N, Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Victoria M. Campbell, Stacy T. Eickhoff, Natacha Rambert, Shea Hill, Heather Delach, Scherri Ransom, jointly or severally in the City of Irvine , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 1st day of March 2019 . ................. RLI Insurance Company pANOrNPpNCc Oo'o, Contractors Bonding and Insurance Company .00PVOg4rF :oM? `� 9J aVORAT �1yp OPO U0 6�q,'' SEAL'�= :,SEAL ; By: :'�a, Barton W. Davis Vice President 1410o;', INOtB ` State of Illinois l SS County of Peoria CERTIFICATE On this 1st day of March , 2019 , before me, a Notary Public, personally appeared Barton W. Davis . who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: l Pl &kJ44, Gretchen L. Johnigk ° Notary Public I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Comany and/or Contractors Bondin and Insurance Companythis IM dayof Tantk�(Z. RLI Insurance Company Contractors Bonding and Insurance Company By: - 0,att- � • A-'iMR,F�1t� Jean M 0 tephenson V Corporate Secretary 043531020212 A0058817 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 u b o} 1' SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, RLI Insurance Company Of Illinois ,organized under file laws of Illinois , subject to its Anicles of Incorporation or otherfundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions oj'dtis Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Lanus of the State of California. THIS CERTIFICATE is expressly conditioned upon the !alder hereof now and hereafter being in fill compliance with all, and not in violation ofany, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are to effect and applicable, and as such laws and requirements now are, or• may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 21st day of December 2010 , I have hereunto set my hand and caused my official seal to be affixed this 21st day of December 2010 Steve Poizner Insurance Commissioner c SuJ. Stapp for JesAd Huff py,A,n,X Chief Deputy NOTICE: Qualification with the Secretary of State timet be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for revoking this Cenificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. YIMX('IL] i". OSPW a939f