HomeMy WebLinkAboutC-6030 - Contract for the Improvement of Public Work Civic Center Dog Park ImprovementsAMENDMENT NO. ONE TO CONTRACT FOR THE IMPROVEMENT OF PUBLIC
WORK
CIVIC CENTER DOG PARK IMPROVEMENTS WITH OPTIMA RPM, INC.
THIS AMENDMENT NO. ONE TO CONTRACT FOR THE IMPROVEMENT OF
PUBLIC WORK ("Amendment No. One") is made and entered into as of this 22nd day
of December, 2015 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and OPTIMA RPM,
INC., a California corporation ("Contractor"), whose address is 17945 Sky Park Circle,
Suite D, Irvine, California 92614, and is made with reference to the following:
RECITALS
A. On February 13, 2015, City and Contractor entered into a Contract for the
Improvement of Public Work ("Contract') to engage Contractor to perform the
work necessary for the completion of the Contract, including the installation of
fencing, installation of a water fountain, and all other incidental items of work
necessary to complete the work in place, as more fully described in the Contract
Documents (`Project').
B. City desires to enter into this Amendment No. One to reflect additional Services
not included in the Contract, to extend the term of the Contract to March 31, 2016
and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Contract is amended in its entirety and replaced with the
following: "The term of this Contract shall commence on the Effective Date, and shall
terminate on March 31, 2016, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Contract shall be supplemented to include the Scope of Services,
attached hereto as Exhibit A and incorporated herein by reference ("Services" or
"Work"). Exhibit A to the Contract and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONTRACTOR
Exhibit A to the Contract shall be supplemented to include the Schedule of Billing
Rates, attached hereto as Exhibit A and incorporated herein by reference ("Services" or
"Work"). Exhibit A to the Contract and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A."
Section 4.1 of the Contract is amended in its entirety and replaced with the
following: "As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor
accepts as full payment the sum of Seventy Eight Thousand Four Hundred Seventy
Four Dollars and 221100 ($78,474.22), less any money deducted pursuant to Section
3.2. Contractor shall not receive any additional compensation unless approved in writing
in advance by City's Project Administrator as defined herein. City shall make full
payment to Contractor no later than thirty (30) calendar days after acceptance of the
Work by City."
The total amended compensation reflects Contractors additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subcontractor fees, in an amount not to exceed
Fifty Two Thousand Nine Hundred Sixty Four Dollars and 011100 ($52,964.01).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Contract shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Optima RPM, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT RIE 'S OFFICE
Date:
By:
Aaron C. Harp uM %Ijotjj�-
City Attorney
ATTEST:/J � I�
Date: /
By: 04*-�
Leilani I. Brown
City Clerk
" ti NPP
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: k IN t)ol�'p
By: G
Dave i
City Manager
CONTRACTOR: OPTIMA RPM, INC., a
California corporation
Date:
Bv: Signed in Counterpart
Mohammed Mamoun
President
Date:
By: Signed in Counterpart
Maykel Hanna
Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services and Schedule of Billing Rates
Optima RPM, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT R E'S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:_anABy:
Aaron C. Harp uM ,Zioajj�- Dave Kiff
City Attorney City Manager
ATTEST:
Date:
la
Leilani I. Brown
City Clerk
Attachments:
CONTRACTOR: OPTIMA RPM, INC., a
California cor orati n
Date:
By:
Mohammed Mamoun
President
Date: /3 r 16
,
By:
Maykef Hanna
Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services and Schedule of Billing Rates
Optima RPM, Inc. Page 3
EXHIBIT
SCOPE OF SERVICES AND
SCHEDULE OF BILLING RATES
Optima RPM, Inc. Page A-1
Op-tima
November 25, 2015
City Of Newport Beach
100 Civic Center Dr.
Newport Beach
CA 92658
Re: Civic Center Dog Park Improvements
Mr. Fong Tse,
17945 Sky Park Circle, Suite D
Irvine, CA 92614
0. 949.724.1399 1 F. 949.724.1851
Regarding the new requirements to connect the water line to the water fountain, Optima RPM is
pleased to propose the following installed pricing forthe extra work as follows:
- Labor (One Day Digging Ye day Backfilling): $ 1,620.00
- Investigation for Pipe location at the side walk area: $360
Plumbers (One Day): $ 1,040.00
Plumbing material: $ 850.00
- Landscaping restoration: By others (City Maintenance)
- Overhead & Profit 15%: $ 580.00
- Original contract amount: $ 25,510.21
- Contract Change Order #1: $ 37,200
- Contract Change order #2 : $ 9,400
Contract Change order #3 : $ 4,450.00
Total including all Change Orders: $ 76,560.21
If you have any questions please feel free to contact us.
Sincerely,
Maykel Hanna
Vice President
Optima RPM, Inc.
17945 Sky Park Circle, Suite D, Irvine, CA 92614 10. 949.724.1399 1 F. 949.724.1851
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CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK
CIVIC CENTER DOG PARK IMPROVEMENTS WITH OPTIMA RPM, INC.
Ci
THIS CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK ("Contract") is
made and entered into as of this 13th day of February, 2015 ("Effective Date'), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and Optima RPM, Inc., a California corporation ("Contractor"), whose principal
place of business is 17945 Sky Park Circle, Suite D, Irvine, California 92614, 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 perform the work necessary for the
completion of this contract, including the installation of fencing, installation
of a water fountain, and all other incidental items of work necessary to
complete the work in place, 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 30 calendar days commencing upon
issuance of the "Notice to Proceed".
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Contract shall commence on the Effective Date and shall terminate
on 12/31/2015, 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: Proposal/Specifications, attached hereto as Exhibit A;
Insurance Requirements, attached hereto as Exhibit B; Labor and Materials Payment
Bond, attached hereto as Exhibit C; Faithful Performance Bond, attached hereto as
Exhibit D; all Project Permits; the Standard Special Provisions and Standard Drawings;
Plans and Special Provisions for Contract No. 6030; Standard Specifications for Public
Works Construction (current adopted edition and all supplements); and this Contract,
and all modifications and amendments thereto (collectively the "Contract Documents").
Exhibits A, B, C, and D, and all other named Contract Documents, are incorporated
herein by reference. The Contract Documents comprise the sole agreement between
the parties as to the subject matter therein. Any representations or agreements not
specifically contained in the Contract Documents are null and void. Any amendments
must be made in writing, and signed by both parties in the manner specified in the
Contract Documents.
2.2. Scope of Work. Contractor shall perform everything required to be
performed, and shall provide and furnish all the labor, materials, necessary tools,
expendable equipment and all utility and transportation services required for the Project
as identified in the Contract Documents ('Work" or "Services").
2.3. All of the Work to be performed and materials to be furnished shall be in
strict accordance with the provisions of the Contract Documents. Contractor is required
to perform all activities, at no extra cost to City, which are reasonably inferable from the
Contract Documents as being necessary to produce the intended results.
3. TIME OF PERFORMANCE
3.1. Time is of the essence in the performance of Work under this Contract
and Contractor shall complete the Work within 30 calendar days from the date of
issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted
may result in termination of the Contract by City and assessment of damages as
outlined in Section 3.2.
3.2. The parties agree that it is extremely difficult and impractical to determine
and fix the actual damages that City will sustain should Contractor fail to complete the
Project within the time allowed. Should Contractor fail to complete the Work called for
in this Contract within 30 calendar days from the date of issuance of the Notice to
Proceed, Contractor agrees to the deduction of liquidated damages in the sum of Five
Hundred Dollars ($500.00) for each calendar day beyond the date scheduled for
completion.
4. COMPENSATION
4.1. As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor
accepts as full payment the sum of Twenty Five Thousand Five Hundred Ten Dollars
($25,510.21), less any money deducted pursuant to Section 3.2. Contractor shall not
receive any additional compensation unless approved in writing in advance by City's
Project Administrator as defined herein. City shall make full payment to Contractor no
later than thirty (30) calendar days after acceptance of the Work by City.
Optima RPM, Inc. Page 2
4.2. This compensation includes:
4.2.1. Any loss or damage arising from the nature of the Work;
4.2.2. Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
4.2.3. Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis,
and which loss or expense occurs prior to acceptance of the Work by City.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Maykel Hanna 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 the highest professional standards. For purposes of this Contract,
the phrase "highest professional standards' shall mean those standards of practice
recognized by one or more first-class firms performing similar work 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
Optima RPM, Inc. Page 3
requirements of this Contract, all applicable federal, state and local laws, and the
highest professional standard.
7.5. Contractor represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Contract.
7.6. Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
8. CHANGE ORDERS
8.1. This Contract may be amended or modified only by mutual written
agreement of the parties.
8.2. The Contractor shall only commence work covered by a change order
after the change order is executed and notification to proceed has been provided by the
City.
8.3. There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1. City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project, or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder; or for damage to property from any cause arising from the performance of
the Project by Contractor, or its subcontractors, or its workers, or anyone employed by
either of them.
9.2. Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
9.3. To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees
and volunteers (collectively, the `Indemnified Parties'), from and against any and all
claims (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,
Optima RPM, Inc. Page 4
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this Contract,
any Work performed or Services provided under this Contract including, without
limitation, defects in workmanship or materials or Contractor's presence or activities
conducted on the Project (including the negligent, reckless, and/or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them, or for whose acts they may be liable for any or all of them.
9.4. Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Contract. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by Contractor.
9.5. Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Project Work.
9.6. To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7. Nothing in this Section or any other portion of the Contract Documents
shall be construed as authorizing any award of attorneys' fees in any action to enforce
the terms of this Contract, except to the extent provided for above.
9.8. The rights and obligations set forth in this Section shall survive the
termination of this Contract.
10. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that 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.
Optima RPM, Inc. Page 5
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work to
be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and/or designee
informed on a regular basis regarding the status and progress of the Project, activities
performed and planned, and any meetings have been scheduled or are desired.
14. BONDING
14.1. Contractor shall obtain, provide and maintain at its own expense during
the term of this Contract both of the following: (1) a Faithful Performance Bond in the
amount of one hundred percent (100%) of the total amount to be paid Contractor as set
forth in this Contract in the form attached as Exhibit D 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 B and incorporated herein by reference.
Optima RPM, Inc. Page 6
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 per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work to
be done according to the Agreement 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 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 Agreement. 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. 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.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Proposal/Specifications attached as Exhibit A. 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.
19. OWNERSHIP OF DOCUMENTS
19.1. 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
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implementing this Contract, shall become the exclusive property of City, and City shall
have the sole right to use such materials in its discretion without further compensation
to Contractor or any other party. Contractor shall, at Contractor's expense, provide
such Documents to City upon prior written request.
19.2. 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.
20. 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.
21. 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.
22. CONFLICTS OF INTEREST
22.1. Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
22.2. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
Optima RPM, Inc. Page 8
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.
23. NOTICES
23.1. 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.
23.2. 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
23.3. All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Maykel Hanna
Optima RPM, Inc.
17945 Sky Park Circle, Suite D
Irvine, CA 92614
24. NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Contract, before making its final
request for payment under the Contract Documents, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Contract. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Contract, except those previously made in writing and identified
by Contractor in writing as unsettled at the time of its final request for payment. 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.).
25. TERMINATION
25.1. 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
Optima RPM, Inc. Page 9
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.
25.2. 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.
26. 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.
27. STANDARD PROVISIONS
27.1. Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Contract.
27.2. 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.
27.3. Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
27.4. 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.
27.5. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
Optima RPM, Inc. Page 10
27.6. 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.
27.7. 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.
27.8. 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.
27.9. 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.
27.10. 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, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
27.11. 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.
27.12. 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]
Optima RPM, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNE 'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney 7�e
ATTEST: 3,13.
Date:
By: '
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California munipipal corporation
Date:
By'::
Da,Ad A. Webb
Public Works Director
CONTRACTOR: Optima RPM, Inc. a
California corporation
Date��ryGlY�,1 �1 i �� 'S
By:
Mohamed Mamoun
President
Date:V8A'WfU
By:------
Maykel anna
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A
— Proposal/Specifications
Exhibit B
— Insurance Requirements
Exhibit C
— Labor and Materials Payment Bond
Exhibit D
— Faithful Performance Bond
Optima RPM, Inc. Page 12
EXHIBIT A
PROPOSAUSPECI FICATIONS
Optima RPM, Inc. Page A-1
17945 Sky Park Circle, Suite D
Irvine, CA 92614
'optima`°""'"°""'°'�""'" 0.949.724.13991 F. 949.724,1851
To: Date: 01-23-2015
City Of Newport Beach
Civic Center
Doi Park Proposal
We hereby submit specifications and estimates for:
+ Provide and install (1) 3' 6" X 6'4" high entrance to park by Installing 2 each 3' 6" wide X 6'40
high walk gates 7' X 6' 4" high fencing, using 2'X4" welded wire mesh, 2" X 2" posts, l MIX 1
K" frame.
• Provide and Install 27'X S' high fence Including (2) 48" XS' high swings gates with tabs for pad
locks, using 1 SS' X 115" gate frame 2" X 4" welded wire all painted purple, to be as close as
possible to existing color.
Provide and install dog drinking fountain, including the plumbing materials and labor as well as
Concrete & landscaping patching and clean up.
All @ $23,191.10
Contingency: 10%
17945 Sky Park Circle, Suite D, Irvine, CA 92614 10, 949.724.1399 1 F. 949.724.1851
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EXHIBIT B
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at its
own expense during the term of this Contract, policies of insurance of the type and
amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor
uses existing coverage to comply and that coverage does not meet these
requirements, Contractor agrees to amend, supplement or endorse the existing
coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business
of insurance in the State of California, with an assigned policyholders' Rating of A -
(or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by Gig'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
Employers Liability Insurance in accordance with California law for all of the
subcontractor's employees. The insurer issuing the Workers' Compensation
insurance shall amend its policy by endorsement to waive all rights of
subrogation against City, its elected or appointed officers, agents, officials,
employees and volunteers. Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of
City, its elected or appointed officers, agents, officials, employees and
volunteers.
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
Optima RPM, Inc. Page B-1
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Builder's Risk Insurance. For Contracts with property exposures during
construction, Contractor shall maintain Builders Risk insurance or an
installation floater as directed by City, covering damages to the Work for "all
risk" or special causes of loss form with limits equal to 100% of the
completed value of Contract, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement for
such coverage may include additional protection for Earthquake and/or
Flood. City shall be included as an insured on such policy, and Contractor
shall provide City with a copy of the policy.
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
Optima RPM, Inc. Page B-2
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
insurance shall be kept on file with City at all times during the term of this
Contract. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
B. City's Right to Revise Requirements. 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 all
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 B 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
Optima RPM, Inc. Page B-3
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self-insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self-insured
retention, the self-insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination of
the self-insured retention, substitution of other coverage, or other solutions.
Contractor agrees to be responsible for payment of any deductibles on their
policies.
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 insur4ance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
Optima RPM, Inc. Page B-4
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
Optima RPM, Inc. Page B-5
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.'
Date Received: 3/5/15 Dept./Contact Received From: Raymund
Date Completed: 3/12/15 Sent to: Raymund By: Chris/Alicia
Company/Person required to have certificate: Optima RPM, Inc.
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/9/14-5/9115
A.
INSURANCE COMPANY: Great American Assurance Company
EFFECTIVE/EXPIRATION DATE: 5/9/14-519/15
B.
AM BEST RATING (A-: VII or greater): A:XIV
INSURANCE COMPANY: Nationwide Mutual Insurance Company
C.
ADMITTED Company (Must be California Admitted):
AM BEST RATING (A-: VII or greater) A+:XV
Is Company admitted in California?
E Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
N Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
include): Is it included? (completed Operations status does
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
N N/A ❑ Yes ❑ No
G.
Operations status does not apply to Waste Haulers)
E Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
❑ NIA N Yes ❑ No
its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
N Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include `solely by negligence' wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/9/14-519/15
A.
INSURANCE COMPANY: Nationwide Mutual Insurance Company
B.
AM BEST RATING (A-: VII or greater) A+:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
E Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
N N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes E No
H.
NOTICE OF CANCELLATION:
❑ NIA N Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 9/1/14-9/1/15
A. INSURANCE COMPANY: State Fund
B. AM BEST RATING (A-: VII or greater): NR
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
3-12-15
Date
® Yes ❑ No
® Yes ❑ No
1,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.
Premium listed on Performance Bond
EXHIBIT C
CITY OF NEWPORT BEACH
BOND NO. 1001006712
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Optima
RPM, Inc. hereinafter designated as the "Principal," a contract for the Improvement of
Civic Center Dog Park Improvements located at Civic Center Dog Park, in the City of
Newport Beach, in strict conformity with the Contract on file with the office of the City
Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
American Contractors Indemnity Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of
Twenty Five Thousand Five Hundred Ten dollars ($25,510.21) 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 by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
Optima RPM, Inc. Page C-1
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 17th day of February '2015 .
Optima RPM, Inc.
Name of Contractor (Principal)
American Contractors Indemnity Company
Name of Surety
601 S. Figueroa Street, 16th FI., Los Angele,,
Address of Surety
(310)649-0990
Telephone
Authorized Signature/Title
Authorized Age
tnature
Stephanie Hoang, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Optima RPM, Inc. Page C-2
CALIFORNIA-• . •D
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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 'S Y_ *3Glcj )
On W 1 "\\S before me,'Ai
D e i 1 Here Insert Name and Title of the Offic r
personally appeared
Name of
who proved to me on the basis of satisfactory evidence to be the persoD(t) whose namgK is/PM
subscribed to the within instrument and acknowledged to me that hekiefti'fey executed the same in
his/hef7t�r authorized capacity4essr, and that by hislhsi'!f6ir signaturoK on the instrument the pers0
or the entity upon behalf of which the persorrA acted, executed the instrument.
ELIZABETH I. RAMIRE2
ComNssion # 2055808
Notary PubiiC - Ciillornia
Orange County
Comm.My E xPires Feb 21, 2018
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WIT �! fficial se
Signature
Signature f Nota Public
Place Notary Seal Above
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Title or Type of Document: ( �(t J��l ��,Docu 3e t Date:
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Si is Name: Il K1� t��yja�
Corporate Officer — itle(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer —
El Partner — ❑ Limited
❑ Individual ElA
❑ Trustee �G
❑ Other: /
Title(s):
❑ General
or Conservator
02014 National Notary Association • www. National Notary. org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
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document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
On a I \-I 1 ) 5 before me, Barbara Copeland Notary Public,
personally appeared Stephanie Hoang
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the persons) acted, executed the instrument.
BARBARA COPELAND
Comm1881on # 2016348
Notary Public - Californla
Orange County
My Comm. Expires Apr 19, 2017
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS L.L d and official seal.
Signature—
Signatur fNotary Public
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Signer's Name: Stephanie Hoang
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner: ❑Limited ❑ General
® Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
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Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
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Rev. 1-15
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certificate verifies only the identity of the individual
who signed the document to which this certificate is
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State of California
County of )SS.
On , 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
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I certify under PENALTY OF PERJURY under the laws of the State of California that the
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WITNESS my hand and official seal.
Signature (seal)
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A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )ss.
On , 20 before me,
Notary Public, personally appeared ,
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Optima RPM, Inc.
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States
Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the
"Companies"), do by these presents make, constitute and appoint:
Eric Lowey, Stephanie Hoang, Mark Richardson or Shawn Blume of Costa Mesa, California
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings
or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond
penalty does not exceed *****Ten Million***** Dollars ($ **10,000,000.00**).
This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability
thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any ccrti6cate relating
thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
10th day of December, 2012.
MER.ICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
Corporate Seals •'`tRA'T
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4 ¢
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ilCpi�'ORAiEO Z _ W 11 0 as _ Ems.,.•
Daniel P
anie P. Aguilar, Vice President
State of California
County of Los Angeles SS:
On 10th day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.V, W111114"I
!._._....
Co m iss�n # 1998819
Signature ll ��, (Seal) NnkrY vuwte - CslNarnir,
Los An4eles CW4Y
my Comm. Ex res Doc 8.2016
I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty
Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by
said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of
Attorney are in full force and effect.
In Witae s Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this a� day
of
Corporate Seals
oa,�pACTpRsr,,
Bond No.
CU^Po0.Aifl1 : - -
Agency No. 18200 , : SEPT.11-
o'= Jeannie Lee, ssistant Secretary
rr ilio it �m
PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT
TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 1001006712
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 599.00 , being
at the rate of $ 23.50 per thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Optima
RPM, Inc. hereinafter designated as the "Principal," a contract for the Improvement of Civic
Center Dog Park Improvements located at Civic Center Dog Park in the City of Newport
Beach, in strict conformity with the Contract on file with the office of the City Clerk of the
City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and
American Contractors Indemnity Company duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety'),
are held and firmly bound unto the City of Newport Beach, in the sum of Twenty Five
Thousand Five Hundred Ten dollars ($25,510.21) 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.
Optima RPM, Inc. Page D-1
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or to
the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Pri, cipal
and Surety above named, on the 17th day of February '2015 .
Optima RPM, Inc.
Name of Contractor (Principal)
American Contractors Indemnity Company
Name of Surety
Authori ed Si nafure/Title
tir p
1 twu } 1 NNc a. , 'V LeG P1 X11 �
Authorized Age Tignature
601 S. Figueroa Street, 16th FI., Los Angeles Stephanie Hoang, Attorney -in -Fact
Address of Surety Print Name and Title
(310)649-0990
Telephone
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Optima RPM, Inc. Page D-2
CALIFORNIA• • •D
.� _a..c�t� �ti,--�.'t.ca ant.a _sa �aNat.v�•.z�S.a .sa•_sat.s�t... .sa _�.. _c�� _sa _z�4!ai .s�•_.�t!at!vi _apt_c�•.s�•..�t�t!:�t!�N�ti.-tet t.a�f �t t!�t�..--�.'•�
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 Q )
On _._,y_1 1 before
ate , Here Insert Name add Title of the Officer
personally appeared
of
who proved to me on the basis of satisfactory evidence to be the perso�� whose name is�
subscribed to the within instrument and acknowledged to me that he,(s'r 2 ey �executed thsame in
his/ it authorized capacity4es'f'and that by his�i2r`,fifi�ir signature,(a'jon the instrument the person
or he entity upon behalf of which the person>eacted, executed the instrument.
------------
ELIZABETH I. RAMIREZ
rAM6Commission # 2055808 =
�t Notary Public - California
Orange County
My Comm. Expires Feb 21,2018t
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITP
Sign
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. Docume� Date:
Number of Pages: _L Signer(s) Other Than Named Above: N12)
Capacity(ies) Claimed by ign r(s)
Siier's Name: ti
L CorporateOfficer — itle(s): >
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
1-1 Corporate Officer — Title(s):
Partner — ❑ Limited ❑ General
Individual ❑ Attorney in Fact
Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
•tJ' •&�. `d' •d 'tl `d -d -b -Pl !Y '!/ "d �ti 'w -'N' '6 - d -d 'd -d '6' 'd N 'd `E/ -t) -llS-d 'U6� V��•'�%6��:'L '✓� ✓�'+/ "•J'•"✓
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 )
2 1 1'1
On i J before me, Barbara Copeland ,Notary Public,
personally appeared Stephanie Hoang
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/flTeir authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(&), or the entity upon behalf of
which the person(s) acted, executed the instrument.
�. I certify under PENALTY OF PERJURY under the
BARBARA COPELAND laws of the State of California that the foregoing
Commission # 2016346 is true and correct.
a -'-.� Notary Public - California paragraph
z Orange County
My Comm. Ex fres A r 19, 2017 WITNESS my band and official seal.
Signature: 4AV_,j
Signature Votary Public
Place Notary Seal Above
--- ------------------------------------ --------- ---- OPTIONAL -----------------
-----------------------------------------
Though the nnfornnation below is not required by law, it may prove valuable to persons relying on the document
and could present fraudulent and reattachment of this form to another document.
Description of Attached Document
Type or Title of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Stephanie Hoang
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner: ❑Limited ❑ General
® Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner: ❑Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Rev. 1-15
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )ss'
On , 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of }ss.
On , 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Optima RPM, Inc.
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States
Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the
"Companies"), do by these presents make, constitute and appoint:
Eric Lowey, Stephanie Hoang, Mark Richardson or Shawn Blume of Costa Mesa, California
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings
or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond
penalty does not exceed *****Ten Million***** Dollars ($ **10,000,000.00**).
This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability
thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
10th day of December, 2012.
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
Corporate Seals fit,,,,,,
C A Rg yo SUR ` �tv nsoragc�''a
O SES Fr
e +
W! , MRAiE9
�y SEP35
T. .A9'
Yb •. y''. r '' s DanielP. Aguilar, Vice President
'.,7 '...... 4s
State of California "'Cq�iFORR\P,o`t1 ,t
County of Los Angeles SS:
On 10th day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
V.. WB115e
c�omroaslon f NNW
Signature (Seal) Notary putllle-041"ornts
Las Angeies ConMy
My Comm. Expists Asa 8.2016 �«
I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty
Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by
said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of
Attorney are in full force and effect.
In Wi Whereof, I have hereunto,set my hand and affixed the seals of said Companies at Los Angeles, California this 1 �day Y
Corporate Seals
BondA
72
'.`4�\�ti`\nsur
+ '•�
i� '.o=
_y _ Jeannie Lee, ssistant Secretary
Agency No. 18200
; sEPT.35.i999: =
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