HomeMy WebLinkAboutC-7872-1 - Newport Beach Police Station Locker Room Remodelram- P
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October 12, 2022
Optima RPM, Inc.
Attn: Carlos Ramon
17945 Sky Park Circle Suite D
Irvine, CA 92614
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1949-644-3039 FAx
newportbeachca.gov
Subject: Newport Beach Police Station Locker Room Remodel — C-7872-1
Dear Mr. Ramon:
On October 12, 2021, the City Council of Newport Beach accepted the work for the
subject project and authorized the City Clerk to file a Notice of Completion, to release
the Labor & Materials Bond 65 days after the Notice of Completion had been recorded
in accordance with applicable portions of the Civil Code, and to release the Faithful
Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
October 13, 2021, Reference No. 2021000627872. The Surety for the contract is United
Fire & Casualty Company and the bond number is 54203497. Enclosed is the Faithful
Performance Bond.
Sincerely,
46ma
C Leilani I. Brown,
City Clerk
Enclosure
Premium is subject to change based on the
final contract amount
Executed in Duplicate
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 54203497
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 10.495.00 , being at the
rate of $ For First $100,000-$18.75, For Next $400,000-$15.00 thousand of the Contract price.
For Next
WHEREAS, the City of Newport Beach, State of California, has awarded to
OPTIMA RPM, INC. hereinafter designated as the "Principal," a contract for: The work
necessary for the completion of this contract comprises of general construction of a locker
room, bathrooms and associated spaces; obtaining City building permits; passing
background checks for all workers entering the Police Station; removing and disposing of
the existing improvements; constructing improvements; and completing other incidental
items in place as required by the Contract Documents at the Newport Beach Police
Department located at 870 Santa Barbara Drive, Newport Beach, CA 92660, 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 United Fire & Casualty 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 Seven
Hundred Sixty Two Thousand Dollars ($762,000.00) lawful money of the United States
of America, said sum being equal to 100% of the estimated amount of the Contract, to be
paid to the City of Newport Beach, its successors, and assigns; for which payment well
and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
Optima RPM, Inc. Page B-1
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 22nd day of February ,2021
Optima RPM, Inc.
Name of Contractor (Principal)
United Fire & Casualty Company
Name of Surety
P.O. Box 73909 Cedar Rapids IA 52407-3909
Address of Surety
319-399-5700
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:�
,EhAarotVC. Harp
City Attorney
Authorized Signature/Title Ot-dqk{
Auth zed Agent Sign ure
76
Yung T. Mullick, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Optima RPM, Inc. Page B-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of )Ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Optima RPM, Inc. Page B-3
CALIFORNIAALL-PURPOSE• • f
<.wt.q .[�Ys2 yt.Tt!4� a%tip�Wt t.
Tary public or other officer completing this certificate verifies only the identity of the individual who signed the
ment to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On February 26, 2021 before me, Elizabeth I. Ramirez, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Hanna
of
who proved to me on the basis of satisfactory evidence to be the person whose name is/OYb
subscribed to the within instrument and acknowledged to me that heGK/executed the same in
his4Wr/tla lir authorized capacity and that by his()�F�hd* signature(6f on the instrument the perso&r
or the entity upon behalf of which the personA acted, executed the instrument.
ELIZABETH I. RAMIREZ
Notary Public - California
`
Orange County >'
Commission =2229216
My Comm. Expires Fen 21. 2022
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
Is true and correct.
WITNESS m an fficial seal.
Signature
Signature of tally 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: Faithful Performance Bond
Number of Pages:
Document Date: 2/22/2021
2 Signer(s) Other Than Named Above: N/A
Capacity(ies) Claimed by Signer(s)
Signer's Name: , Mayluel Hanna
Corporate Officer — Title($): secretary
❑ Partner — F Limited ❑ General
❑ Individual ❑ Attorney in Fact
O Trustee ❑ Guardian or Conservator
Q Other:
Signer Is Representing: Optima RPM, Inc.
q''er's Name:
Corporate Officer — Title(s):
Cl Partner — ❑ Limited fl General
❑ Individual ❑ Attorney in Fact
f I Trustee F1 Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA ALL-PURPOSE 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 JEB i 2 2021 before me, Irene Luong Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Yung T. Mullick
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
IRENE woNG person(s), or the entity upon behalf of which the person(s)
Notary Public - California
acted, executed the instrument.
Orange County
Commission.` 2207169 1 certify under PENALTY OF PERJURY under the laws of
L My Comm. Expires Jul 27,2021 the State of California that the foregoing paragraph is true
and correct.
Witness my hand a d ffi ial se
Signature
Place Notary Seal Above Signature df Notary Public n Luone
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal anti reattachment of the form to another 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:
❑ Individual
❑ Corporate Officer—Title(s):_
❑ Partner ❑Limited El General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Top of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer —Ttle(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
/
• ufg
Ul 13 IRE. & CASUALTY COMPANY, CEDAR RAI , IA Inquiries: Surety Department
UN1111)1 IRE & INDEMNITY COMPANY, WEBSTER', I X 118 Second Ave SE
FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401
'NSURANCE CERTIFIED COPY Or POWER OF ATTORNEY
(original on file at Home Office of Company.— See Certification)
KNOW ALL PERSONS BY THESE PRESENTS, Tliat United. Fire & Casualty Company, a corwmtion duly organized and existing under the laws
of Ira State of Iowa; United Fire & Indemnity Company,.a corporation duly organized and existing under the laws of Ore State of Texas; and
Financial Pacific Insurance Company, a corporation duly organized and existing under die laws of the State of California oiereah collectively called
the Companies), and having their corporate headquarters at Cedar Rapids, State of Iowa, does make, constitute and appoint
JAMES W. MOILANEN, YUNG T. MULLICK, P. AUSTIN NEFF, IRENE LUONG, EMILIE GEORGE, EACH INDIVIDUALLY
their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,
undertakings and other obligatory instruments of similar nature provided thin no single obligation shall exceed $ l s, 000, 000. o0
and to hind the Companies thereby as fully and to the same extent as it'such instruments were signed by die duly authorized officers of the Companies
and all of the acts of said Attorney, pursuant to die authority hereby given and hereby rated and confirmed.
The Authority hereby gratted sliall exlfile'thc6t h day of ` July, 2022 unless sooner revoked by United File & Casualty
Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by die Bonds of
Directors of United Fire & Casually Company, United Fire & Indemnity Company, and Financial Pacific insurance Company.
"Article VI — Suety Bonds and tindertakings"
Section 2, Appointment of Attorney -in -Pact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written
certificates mtomeys-bi-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undereldngs and other obligatory instruments of like nature.
The signature of any officer authorized hereby, mid die Corporate seal, may be affixed by facsimile to any power of attorney or special power of anomey or certification of
either authorized hereby, such signature and seal, when so used, being adopted by the Companies as die original signature of such officer and the original seal of the
Companies, to be palid and binding upon the Companies with the same force and effect as though manually affixed. Stich attomeys-in-fact, subject to the limitations set of
forth in their respective certificates of authority shall lava full power to bind die Companies by their signature mid execution of any such instalments and to attach are seal
the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority
preciously gnen to any attorney-m-fact.
iN WITNESS WHEREOF, die COMPANIES have each caused these presents to be signed by its
"+nio teen vice president and its corporate seal to be hereto affixed this o; •s s` ^ifs agar<'eePPoN., 8th tlaY Of July, 2020
3 roxroanrr �: ;W coNma.src =_ -6saiY24 g UNITED FIRE& CASUALTY COMPANY
` tees UNITED FIRE & INDEMNITY COMPANY
srAI sir • 2 c
,ca^�o`d FINANCIAL PACIFIC INSURANCE COMPANY
BY
„/rim\\\\°• „/rumR,\°• Illnn, �' ' "fps-H,a+--
C/ t�.�
State o)' Iowa, Comity of Linn, ss: Vice President
On 6th day of July, 2020, before me personally cameDennis J. Richmann. '
to me known, who being by me duly sworn; did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire
& Casualty Company, a Vice President of United Fire & Indenmity Company, and a Vice President of Financial Pacific Insurance Company die
corporations described in and which executed the alcove instrument; that he knows die seal of said corporations; dial tie seal affixed to the said
instrument is such corporate seal; that it was so affixed pursuant to authority given by die Board of Directors of said corporations and that he signed his
name thereto pursuant to like authority, and acknowledges same to beau act and deed of said corporations.
aMn s� 'Judith A, Jones
Iowa Notarial Seal
Commission number 173041 Notary Public•'rov'� My Comndasion Expires 4232027 My commission expires:chary /2021
1, Mary A. Bertsch, Assistant Secretary of Uuiud Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant.
Secretary of Financial Pacific Insiumice Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and
die copy of the Section of the bylaws and resolutions of said Corporations as set forth at said Power of Attorney, with the ORIGINALS ON FILE IN THE
HOME OFFICE 01: SAID CORPORATIONS, and dial die same are correct transcripts thereof, and of die whole of the said originals, and that tme said
Power of Attorney has not been ievokcd and is now at full force and effect
In testimony whermf I have liferg1(o�Ifli rii yante and affixed die corporate seal of die said Corporations
this day of I•�tl 1 G 1 , 20
IVL / N \G INSe �4.
J ♦ by \i liq
py`V4 ^nP O< 4 arePPns�r�
V COR .N1iF C(I IPPN.\1T-? L1 I IVJc�'-_
s OLY 22 ,00
1 ie 13y:
V mall.
5 SFA1 /, SBfi
sr 't,F,0• Y Assistant Secretary,
�11i11 �1\\\\ 'H /I/11, 11111111\` ....
���rhl III,11,\\\\P
I., OF&C & OF&I & FPIC
RPOA0045 122017
This paper has a colored background and void pantograph.
December 17, 2021
Optima RPM, Inc.
Attn: Carlos Ramon
17945 Sky Park Circle Suite D
Irvine, CA 92614
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039rax
newportbeachca.gov
Subject: Newport Beach Police Station Locker Room Remodel -C-7872-1
Dear Mr. Ramon:
On October 12, 2021 the City Council of Newport Beach accepted the work for the subject
project and authorized the City Clerk to file a Notice of Completion, to release the Labor
& Materials Bond 65 days after the Notice of Completion had been recorded in
accordance with applicable portions of the Civil Code, and to release the Faithful
Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
October 13, 2021, Reference No. 2021000627872. The Surety for the bond is United Fire &
Casualty Company and the bond number is 54203497. Enclosed is the Labor & Materials
Payment Bond.
Sincerely,
/A
Leilani L Brown, MMC
City Clerk
Enclosure
Premium listed on Performance Bond
Executed in Duplicate
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 54203497
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 work
necessary for the completion of this contract comprises of general construction of a locker
room, bathrooms and associated spaces; obtaining City building permits; passing
background checks for all workers entering the Police Station; removing and disposing of
the existing improvements; constructing improvements; and completing other incidental
items in place as required by the Contract Documents at the Newport Beach Police
Department located at 870 Santa Barbara Drive, Newport Beach, CA 92660, 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, _
United Fire & Casualty 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
Seven Hundred Sixty Two Thousand Dollars ($762,000.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount payable by
the City of Newport Beach under the terms of the Contract; for which payment well and
truly to be made, we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
Optima RPM, Inc. Page A-1
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 22nd _ day of February 2021 .
Optima RPM, Inc.
Name of Contractor (Principal)
United Fire & Casualty Company
Name of Surety
P.O. Box 73909, Cedar Rapids, IA 52407-3909
Address of Surety
319-399-5700
telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:..__ ---
t sf
By:—t ---- ---------
41
____4r Aaro . Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Yung T. Mullick, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BEATTACHED
Optima RPM, Inc. Page A-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared " s'
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. - - - - __ — -page A-3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
t 1'l iCl. t�V'� 4<.i� /c\thl'.T'✓tom <. t.<i /PC! f < <.i�<<� r�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 Orange )
On February 26, 2021 , before me, Elizabeth I.
Date
personally appeared
Hanna
Notary Public
Here Insert Name and Title of the Officer
of
who proved to me on the basis of satisfactory evidence to be the person$ whose nameKis/�Y4
subscribed to the within instrument and acknowledged to me that heWAWy executed the same in
his/ md"ir authorized capacity#es), and that by hisLWItheif signatureM on the instrument the persori(s)
or the entity upon behalf of which the personoYacted, 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.
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:
Labor and Materials Payment Bond
Document Date: 2/22/2021
? _ Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signer(a)
Soner's Name: Maykel Hanna _
V Corporate Officer — Title(s): ecretary ___
Ll Partner -- Ll Limited D General
I a Individual Ll Attorney in Fact
1-1 Trustee ❑ Guardian or Conservator
1-1 Other:
Signer Is Representing: _ Optima RPMInc
S�'pner's Name:
V Corporate Officer — Title(s): _
F I Partner — F 1 Limited fl General
Individual Ll Attorney in Fact
I I Trustee F I Guardian or Conservator
Ll Other:
Signer Is Representing: _
rR.�tt:�sux�x�.'s�ru�.'s��tss�i ics3;:ycasccs�s,�.r��r�.Y?v� -
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
WITNESS Ty hand and official seal.
EI IZABEtH I. RA
-
i
-California
Notary - '
County
Signature_ _
Orange
sjo
Commission � 2229216 W2
my Comm. Expires Feb 21
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:
Labor and Materials Payment Bond
Document Date: 2/22/2021
? _ Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signer(a)
Soner's Name: Maykel Hanna _
V Corporate Officer — Title(s): ecretary ___
Ll Partner -- Ll Limited D General
I a Individual Ll Attorney in Fact
1-1 Trustee ❑ Guardian or Conservator
1-1 Other:
Signer Is Representing: _ Optima RPMInc
S�'pner's Name:
V Corporate Officer — Title(s): _
F I Partner — F 1 Limited fl General
Individual Ll Attorney in Fact
I I Trustee F I Guardian or Conservator
Ll Other:
Signer Is Representing: _
rR.�tt:�sux�x�.'s�ru�.'s��tss�i ics3;:ycasccs�s,�.r��r�.Y?v� -
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA ALL-PURPOSE 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 FEE 2 7 GUZ4 before me, Irene Luong Notary Public,
-ate Insert Name of Notary exactly as it appears on the official seal
personally appeared Yung T, Mullick
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
IRENFI IJONC, acted, executed the instrument.
r; Notary eubl4 -all f",
°9 rJ0"tv I certify under PENALTY OF PERJURY under the laws of
�w.. t.umm;5;ion;7207159
My cwnm. Exoo-evul z/,:o2t the State of California that the foregoing paragraph is true
and correct. _
Witness my hand and off' i seal.
Signature -
Place Notary Seal Above Signature of Not Public Iran u g
OPTIONAL T-
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: _ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer —Title(s): _ _ ❑ Corporate Officer ---Title(s): _
❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact ❑ Attorney in Fad
❑ Trustee ❑ Trustee
❑ Guardian or Conservator Topofthumbhere ❑ Guardian or Conservator Topofthumbhere
❑ Other _ ❑ Other:
Signer is Representing: Signer is Representing:
Uf D 17111E & CASUAIXY COMPANY, CEDAR RAI JA Inquiries: Surety Department
lfNl'l'1[1) FIRE & INDEMNITY COMPANY, WEBSTER,'I X I IS Second Ave SE
FINANCIAL. PACIFIC INSURANCE, COMPANY, ROCKLIN, CA Cedar Rapids, LA 52401
INSURANCS CERTIFIED COPY OF POWER OF ATTORNEY
(original on file at [ionic Office of Company —See Certification)
KNOW ALL PERSONS BY THESE PRESENTS, Thal United Fire & Casualty Company, a corporation duly orgmnizcd and existing under Ute laws
of the State of town; United Fire & Indemnity Company, a cogtoni ion duly organized and existing order rhe laws of the State of Texas; and
Financial Pacific Insurance Company, a corporation duly organized and existing wider the laws of the State of California (herein collectively called
the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint
JAMES W. MOILANEN, YUNG T. MULLICK, P. AUSTIN NEFF, IRENE LUONG, EMILIE GEORGE, EACH INDIVIDUALLY
their nue and lawful Altomey(s)-in-Fact with power and authority hereby conferred to sign, seal mid execute in its behalf all lawful bonds,
undoiakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $15,000,000.00
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney, pursuant to die authority hereby given and hereby ratified and confirmed.
The Audiotity hereby grated shall expire lhe6th day of July, 2022 unless sooner revoked by United Fre & Casualty
Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company.
This Power of Attorney is made and executed pursuant to and by authority of rite following bylaw duly adopted on May 15, 2013, by the Boards of
Directors of United Fire & Casualty Company, United Fire & Indemnity Company, mid Financial Pacific Insurance Company.
"Article VI — Surety Bonds and Dndertakinge"
Section 2, Appointment of Attorney -in -Fact. "Thu President or any Vice Resident, or any other officer of the Companies may, front time to time, appoint by written
certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undcAuldngs and otherobligatory awn iments arlike nature.
the signature of any officer authorized hereby, mid the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of
either authorized hereby; such signatmr and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the
Companies, to be valid and binding upon the Companies with the same force and effect as though manually a0ixed. Such attomeys-indact, subject to the limitations set of
forth in their respective certificates of authority shall have ftdl power to bind the Companies by their signature mid execution of any such instruments and to attach the seal
the Companies thereto. 11e President or any Vice President, the Board of Direcmrs or ney other officer or the Companies may at any time revoke all power and authority
previously given io any aromey-hi-fact.
IN WITNESS WHEREOF, die COMPANIES have each caused these presents to be sig»ed by its
Io." k "%
vice �INSU°p' VIeC resident and its
°;ys' o L s p corporate seal to be hereto affixed this 6th day of July, 2020
=NAM' _" `°6PORA1�a'Y��weY:t��`,g� UNITED FIRE& CASUALTY COMPANY
srwe sur .: 'z}\. left .'i ; UNITED FIRE & INDEMNITY COMPANY
`d.°'�FINANCIAL PACIFIC INSURANCE COMPANY
y o°
nn`� ' " en i\ae�
State of Iowa, County of Linn, ss!
Vice President
On 6th day of July, 2020, before me personally cameDennis J. Richmann
to me known, who being by me duly sworn, dial depose and say; that he resides in Cedar Rapids, State of lown; that he is a Vice President of United Fire
& Casualty Company, a Vice President of United Fire & indemnity Company, ail a Vice President of Financial Pacific Insurance Company tie
corporations described fit mid which executed the above instrument; that he kmows the seal of said corporations; that the seal affixed to die said
instrument is such corporate seal; that it was so affixed pursuant to authority given by die Board of Directors of said corporations and that he signed his
name thereto pursuant to like authority, mid acknowledges same to he the round deed of said corporations
• , Judith A.to ial S a
}
Iowa Notarial 1
commlhisiosolon number 412312 Notary Public
My Commlaelon Expires 4238071 1 0 My commission expires: 4/23/2021
I, Mary A. Bertsch, Assistant Secretary of United Fire & Casually Company and Assistant Secretary of Uhdted Fire & Indemnity Company, and Assistant
Secretary of Financini Pacific Insurance Company, do hereby certify that I have compared die Ibregoing copy of the Power of Attorney and affidavit, and
hie copy of die Section of the bylaws and resolutions of said Corporations asset forth at said Power of Attorney, with the ORIGINALS ON FILE IN 'fill-'
HOME. OFFICE, OF SAID CORPORATIONS, and that tie sane aro correct transcripts thereof, and of the whole of die mid originals, and that the said
Power of Attorney has not been revoked mid is now it full force and effeel.
In testimony whereof I have hereo no.r,�dl�ribyd my -u n e and affixed the corporate seal of the said Coram -inions
this day of I'CCi '-v/.i 10
.rc`gN r���o`�°meiwn •' p`°�,�r4�`�!NSUgq e:,
i Cllltl'URA1F. �s pUlY at �'. a��
y� Ctlal'U0.nR � �1,�
By rr11
'!_ � AcGSdz�"""
Assistant Secretary,
y,
••o'nnoim�M"` mnae `0s I.IF&C & IIF&I & FPI(
I111 lAMW 117011
Batch 12065822 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Page 2 of 7
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIII NO FEE
+$ R 0 0 1 3 2 4 4 5 8 4 S.
202100062787212:24 pm 10113/21
90 RW9A N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Optima RPM, Inc., Irvine, California, as
Contractor, entered into a Contract on February 9, 2021. Said Contract set forth certain
improvements, as follows:
Newport Beach Police Station Locker Room Remodel - C-7872-1
Work on said Contract was completed, and was found to be acceptable on
October 12. 2021, by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is United Fire & Casualty Company.
BY /
Public Works irecb r
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. ��7,�,,�,^�
Executed on� /J oCLi at Newport Beach, California.
M
An"'2
City Clerk �/
�cr1r.�
https://es.secure-recording.com/Batch/Confirmation/1206582'_ 10/13/2021
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Optima RPM, Inc., Irvine, California, as
Contractor, entered into a Contract on February 9, 2021. Said Contract set forth certain
improvements, as follows:
Newport Beach Police Station Locker Room Remodel - C-7872-1
Work on said Contract was completed, and was found to be acceptable on
October 12, 2021, by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is United Fire & Casualty Company.
BY 1
Public Works irect r
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on �� _ / I at Newport Beach, California.
Am
City Clerk
_.,�
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 2:00 PM on the 16th day of DECEMBER, 2020,
at which time such bids shall be opened and read for
Newport Beach Police Station Locker Room Remodel
Contract No. 7872-1
$813,000
Engineer's Estimate
Approved by
�iJames 9 kouffhan
ep'uty PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids-com/portal/portal cfm?CompanylD=22078
OPTIONAL PRE-BID SITE WALK:
An optional job walk at the Police Headquarters will be conducted for this project on
Tuesday, December 1, 2020 at 9:00 AM at the located at, 870 Santa Barbara Drive,
Newport Beach, CA 92660
Hard copy plans are available via (Select One)
Santa Ana Blue Print at (949)756-1001
Located at 2372 Morse Avenue, Irvine, CA 92614
Contractor License Classification(s) required for this project. "B"
For further information, call Peter Tauscher, Proiect Manager at (949) 644-3316
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://newportbeachca gov/government/open-transparent/online services/bids rfps
vendor -registration
City of Newport Beach
Newport Beach Police Station Locker Room Remodel
Contract No. 7872-1
TABLE OF CONTENTS
NOTICEINVITING BIDS ............................................................ ............................. Cover
INSTRUCTIONS TO BIDDERS ............................................................. 3
BIDDER'S BOND 6
DESIGNATION OF SUBCONTRACTOR(S) ....... ........................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ................................ 9
NON -COLLUSION AFFIDAVIT ..................................................................... 13
DESIGNATION OF SURETIES ...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15
ACKNOWLEDGEMENT OF ADDENDA ....................................................................... 18
INFORMATION REQUIRED OF BIDDER ..................................................................... 19
NOTICE TO SUCCESSFUL BIDDER ........................................................................... 21
CONTRACT.................................................................................. ............. ................. 22
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND ........................................................... Exhibit B
INSURANCE REQUIREMENTS ....................................... ... ..................... Exhibit C
PROPOSAL...... .................................... .............................. ................................... PR -1
SPECIALPROVISIONS ............................................................................................ SP -1
2
City of Newport Beach
Newport Beach Police Station Locker Room Remodel
Contract No. 7872-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office 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). Members of the public who would like to attend this reading
may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
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.
3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.)
The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on
the outside of the envelope containing the documents.
4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
3
5. 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.
6. 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.
7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the contract. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 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
4
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been reviewed.
961714 A, B, C6, C17
Contractor's License No. & Classification
10000136116/30/2021
DIR Registration Number & Expiration Date
Optima RPM, Inc.
Bidder
19
President
Authorized Signature/Title
December 16, 2020
Date
City of Newport Beach
Newport Beach Police Station Locker Room Remodel
Contract No. 7872-1
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent of the Total Bid Amount
Dollars ($ 1&0% of Bid Amount ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction Newport
Beach Police Station Locker Room Remodel, Contract No. 7872-1 in the City of Newport
Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract
is awarded to the Principal, and the Principal fails to execute the Contract Documents in the
form(s) prescribed, including the required bonds, and original insurance certificates and
endorsements for the construction of the project within thirty (30) calendar days after the date of
the mailing of "Notification of Award", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual, it
is agreed that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
Witness our hands this 2nd day of December 2020.
Optima RPM, Inc_
Name of Contractor Pnnci al Arlt
( p ) Authorized Signature/Tit!
United Fire & Casualty Company
Name of Surety
P.O. Box 73909 Cedar Rapids IA 52407-3909
Address of Surety
319-399-5700
Telephone
rrint Name and Title
(Notary acknowledgment of PClnclpal & Surety must be attached)
M
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
(seal)
Thumbprint of Signer
Capacity(ies) claimed by Signer(s): ❑ Check here if
Trustee no thumbprint
Power of Attorney or fingerprint
CEO / CFO / COO is available.
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
E:]
(seal)
ALL-PURPOSECALIFORNIA
'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 )
On - i before me, i� � T ,(RdIn ;
Date
Here Insert Name and PiIA of the Offi er
personally appeared man,
NameX of Signer(g
who proved to me on the basis of satisfactory evidence to be the persoaW whose nameK js am -
subscribed to the within instrument and acknowledged to me that hely executed the same in
his �aeit authorized capacityoes), and that by his/heir signature*on the instrument the person*
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.
ELIZABETH i. R,".V'- WITNESS alseal.
' } = Notary Pubk - Ca'I(:.r .0
Orange Cow^.% r
1
Commission =22277.'5 Signature
My Comm.Exo:•&s=eb;'.�C27
�+�+► Signature of No a 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: Documen`tt te:
Number of Pages: _�____ Signer(s) Other Than Named Above: !�
Capacity(ies) Claimed by Signe (s)
Sign is Name:
%, G�rporate Officer — Tjtle(s): 4Ttn- }� °
--Partner — 1 Limited General
Individual - Attorney in Fact
Trustee i = Guardian or Conservator
Other:
Signer Is Representing: l"n
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual i Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing
GzrteG
02014 National Notary Association o www.NationalNotary.org ^ 1 -800 -US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA ALL-PURPOSE 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
Date
before me, _ Robyn R. Kargari, Notary Public,
Insert Name or Notary exactly as it appears on the officialal _
se
personally appeared Irene Luong
Names) of Siynerw
A9 LOPT�.�aA ROSYN R. KARGARI
a COMM. # 2296844 X
u ® o NOTARY PUBLIC -CALIFORNIA CO
ORANGE COUNTY
MY COMM. EXP, JULY 13, 2023 �
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct,
Witness my hand -o cial seal.
Signature' _ r
</
Pince Notary Seal Above Slgnatu
Notary Pu is Robyn R. Kargarl
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another 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:
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
Individual
❑ Corporate Officer—Title(s): _
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Uf9unNSURANGE
I IiVI l ED FIRE & C'ASUAL'TY COMPANY, CEDAR RAPIDS, IA
t.1NI i Ell IgRI., & INDEMNITY COMPANY, WEBSTER, TX
FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA
CERTIFIED COPY OF POW17R OF ATI'ORNEY
(original on file at Flome Office of Company. — See Certification)
KNOW AL1, PERSONS 13Y'1'IIFSL
htquiries: Surety Department
i IS Second Ave SE
Cedar Rapids, iA 52401
PRLSI;N 15, I flat Lfniwd Fire & Casualty Company, a corporatjon duly Organized and existitrg tmdertlne lows
of the State of Iowa; United Fire & Indemnity Compattiy, a corporation duly organizLd and existing under the i<�ws of the State of Texas; and
I' `)c Pacific insurance Company, a corporation duly orgmtized and existing under Ute laws of the State of Califon, ill (herein COIlectivel_Y called
tine Companies), and having then• corporate headquarters in Cedar Rapids, State of Iowa, sloes make, constitute and appoint
JAMES W. MOILANEN, YUNG T. MULLICK, P. AUSTIN NEFF, IRENE LUONG, EMILIE GEORGE, EACH INDIVIDUALLY
their- true and lawful Attorney(~) in -Fact with power and authority hereby conferred to sten, seal mid execute in its behalf all lawful bonds,
tndettr•tknlgs amd.other`obli_gatot y instruments of similar natittv provided 4iail nn single ohligi-all, shalt exceed $15 , its b 000.00
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized of
and all of file acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. Ticers of the Companies
The AutlroiYty hereby granted ;liall expire tile 6th day of July, 2022 unless sooner revoked
Compmty, Untied Fire & Indemnity Company, and I'nlancia! Pacific Insurance Company. by United Dire & Casualty
This Power of Attomey is made and executed pursuant to all(I by authority 01, ale following bylaw duly adopted on May 15, 2013, by the Hoards of
Directors of I eluted Fire & Casualty Company, Utlited Fire & Indemnity Company, and F'ilnancjal Pacific insurance Company.
"Article VI — Surety Ilonds and [indertakhtgR„
Section 2, Appoititmeni of Attorney -in -Pact. •"the President or any Vice President, or tiny other officer of the Companies may, front time to time, appoint by written
certificates attot)iey\-in-tact to act in behalf of the Companies in the execution of policic of insurance, honds, undert,7kings and other obligatory instniments of tike naittre.
111e sig�latiur of any pfiicei authorized hereby, and tate Corporate seal, may be affixed by facsimile to wry potvcr of tatomcy or special power of attorney or cef like tint e.
either authorized hereby; Such signature and seal, when so used, being adopted by the Compa»ict as the original attorney
a of such officer and the anginal seal io thof
e
Companies, to %p valid and binding upon the Compmlies with the same force and effect as though manually affixed. Such attamcys-in-fact, subject to the limitations set of
forth in their re5pectire certificates of authority shalt have frill power to bind the Companies by theirsignature and execution of anv such ittstnauents and to. attach the seal
the iollAy gii a thereto. the ey-in fac nt Or ally �tll`@ P]'l'SIdCNn, the Hoard ol'f)u'cctors or tuts outer officer of the Companies may at any time revoke 611 power and authority
previousivgiirn to any attomey-in-filet.
\,,,uuulq, ,nunnyy IN WITNESS WHEREOF
�, ��.raxly, R�/ \ayWU1,M R,, ,,,,I,nunn,l, the COMPANIES have each caused these presents to be sign ed by its
tp%0I!15yR�yy VICI' pl'Cstdelt and its corporate ;
5 ,CfaltYlltAnf ��' �w n,�� �3TQ:•' pPDA,j�;,:p�ys eal to be hereto affixed this 6th da Of
_ cottnott.tlt y=_ r c �x Y J u l y, 2020
je LiNI'1'I:D FIRE & CASLIALTY COMPANY
cv x, sz: iy-
" t' r��, "'' q /Nnttiw�p\ ;�'� ^o'' X.
°?�` IiNITCD PIRE &INDEMNITY COMPANY
PL�` '' v' '"" FINANCIAL PACIFIC II`SU
„munu,��• /(] IAL ' RANCG COMPANY
Suite oTlowa: County o)'l.inn, ss: By:
On 6th day of July, 2020 before me Vice ]'resident
to me knomai, who being by me (filly sworn, did depose personally
y;l that he resides in Ceth r IL puffs State of Iowa; that he is at Vice President of United Fire
& Casualty Company, a Vice President of United Fire & Indenarity Company, and a Vice President of financial Pacific Insurance Company fire
corporations described til and which executed the above instrument; that he knows file seal of said corporations, that lite seal affixed to the said
instrument is such corpOrxle seal; that it �Vi15 >n affixed ptnlyumlt to authority given by the Board of Directors of said cora�orations an(l that Ire sign,! his
name thereto Pursuant to like audiority, and acknowledges sante to be the act mol deed of said corporations.
El
Judith A, Jones
' Iowa Notarial Seal
COMIm ssion number 173041
My commission; Expires 4/23/2021 Notary Public
My commission expires; :4/23/2021
I, Maty A. Bertsch, Assistmn Sucretaryof United Fire & Casualty Company and Assistant. Secretary of tlrlited Tire &Indenmity Company, and Assistant
Secretary of Financial Pacific Iu,,urance Colnpany, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and
file copy of file Section Of the byhiws and resolutions of said Corporations asset forth in said Power of Attontey, with file ORIGINALS ON FILE IN TIIE
ROME OFFICE OF SAfD COR ORATIONS, and that the same are correct transcrq)ts thereof, and of the whole of
Power of Attorney has not been revoked mid is now in full force and effect. Ole said originals, and that the said
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations
Ellis day of _,20
`\\+,\V "tnuill.^n, t\,lumlu„ .al,lmnum n, 4C,Y %G
s aa.... oo
eoarottnrr: LL '� :. ° lF
J CORP RATC Kj V IUlY 2? �.. ` - -
SrAI. SrAI g 1888. ,>wOc BY'tJ AC'ET(/lw�
,'. n a
•'"�11FOAN�'' ! ,3
"`lilt II114\"t\ y"iflRtt11111t11\\\\`` ""'�/fplltllllllll111tltt` $
Assistant Secretary,
11110n0045 122017
lil'&C & LfF&I & ItPI
No. 2416-6
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY that, lutr•.st«tnt to the Insurance Code ofthe State ofCalifurnia,
United Fire & Casualty Company
of Iowa, ort inised under the laws of.lotva, .subject to itis ,4rticles of Incorporation or other-.litndan,erttal
nrpanizalloeal documents, is hereby authorized to transael within this tate. snbjeci to all provisions aJ}his
Certillcate. the following elasse.s o(irzsurance:
Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation,
Common Carrier Liability, Boiler and Machinery, Burglary,
Sprinkler, Team and Vehicle, Automobile, and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance Laws of the State of Califonsta.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation oj'any, ofthe applicable laws and lam ftl requirements made
under authority of the lams of the State ofCafifornia as long as .such laws or requirements are in effect and
applicable, and as such laws and requirements nom are, or may hereafter be changed or amended.
:' N WITINE;SS WHEIt.E:OF, gfjective as of the 16'"du ygfJuly, 20141
1 have hereunto set my hand and caused myolfctial seal to be ati ed
ihi,s 1 a'da v q July, 2014.
Dave Jones
h!surance Commissioner
f
Susan J. Stapp
f6r Nettie hloge
Clue] Depury
NOTICE:
Qualification with the Secretary of Sttrte must he accon'!plished as regaire,I by tt!e Galil`ornia COI POW ious Code promptly attar
issuance ofthis CelLficate efAut!tority. Failure to do io will be a violation 0finsurance Code section 70l and will be gerunds fbr
!-evoking this Ccf ifitate of Authority pursuant to the covenants made in the application therefor and the ;onditiins contained
hereir..
City of Newport Beach
Newport Beach Police Station Locker Room Remodel
Contract No. 7872-1
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 Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the 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.
Optima RPM, Inc.
Bidder
97
President
Authorized Signature/Title
City of Newport Beach
Newport Beach Police Station Locker Room Remodel
Contract No. 7872-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name Optima RPM, Inc.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
For all public agency projects, you have worked on (or are currently working on) in the
past two (2) years in excess of $300,000, provide the following information:
No. 1
Project Name/Number City Hall Lobby Improvements
Project Description Renovation of City of West Hollywood Lobby
Approximate Construction Dates: From 2/2018
Agency Name City of West Hollywood
Contact Person Helen Collins
To: 3/2019
Telephone (323) 848-6895
Original Contract Amount $ 749,000 Final Contract Amount $ 886,052.17
If final amount is different from original, please explain (change orders, extra work, etc.)
Extra work resulting in change orders
Did you file any claims against the Agency? Did the Agency file any claims?
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Me
10
No. 2
Project Name/Number Irvine Council Chambers Facility Improvements
Project Description Renovation of City Hall Council Chambers
Approximate Construction Dates: From 6/2018 To: 11/2018
Agency Name _ City of Irvine
Contact Person Alex Salazar Telephone (940j 724-7408
Original Contract Amount $ 970,000 Final Contract Amount $ 1,000,798.71
If final amount is different from original, please explain (change orders, extra work, etc.)
Extra work resulting in change orders
Did you file any claims against the Agency? Did the Agency file any claims?
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
2n,
No. 3
Project Name/Number Irvine City Hall Operation and Maintenance Facility
Project Description Renovations to city's maintenance and operations facility
Approximate Construction Dates: From 11/2017 To: 3/2018
Agency Name _ City of Irvine
Contact Person Alex Salazar Telephone (949) 724-7408
Original Contract Amount $ 575,960 Final Contract Amount $ 565,577.00
If final amount is different from original, please explain (change orders, extra work, etc.)
Work deleted
Did you file any claims against the Agency? Did the Agency file any claims?
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
11
No. 4
Project Name/Number Riverside Adult School Board Room
Project Description Interior remodel for council board room
Approximate Construction Dates: From 4/2019
Agency Name Riverside Unified School District
Contact Person Nadia zeien
To: 1/2020
Telephone ( 951) 788-7496 Ext. 84704
Original Contract Amount $ 990,000 Final Contract Amount $ 990,000.00
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
Did you file any claims against the Agency? Did the Agency file any claims?
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 5
Project Name/Number Willow Campus Restrooms Renovations
Project Description Renovations to camps restroom faciities
Approximate Construction Dates: From 3/2019
Agency Name Hacienda La Puente Unified School District
To: 6/2019
Contact Person Mark Hansburg Telephone (626) 543-0928
Original Contract Amount $1,240,000 Final Contract Amount $ 527,000.00
If final amount is different from original, please explain (change orders, extra work, etc.)
Scope of work deduction
Did you file any claims against the Agency? Did the Agency file any claims?
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
12
No. 6
Project Name/Number Del Obisoo Community Center Renovation
Project Description Renovation to existing community center
Approximate Construction Dates: From 8/2018 To:_ 1(2019
Agency Name City of Dana Point
Contact Person Mike Rose Telephone (949) 636-3914
Original Contract Amount $603,088 Final Contract Amount $ 682,519.51
If final amount is different from original, please explain (change orders, extra work, etc.)
Extra work resulting in change orders
Did you file any claims against the Agency? Did the Agency file any claims?
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
Optima RPM, Inc.
Bidder -� - f President
Authonzed Signdiure/Tltle
13
7309 Caldus Ave (818) 606-7854
Lake Balboa CA 91406 carlosramonl@live.com
Carlos Ramon
ObJective
Accomplished supervisor and manager with 12+ years experience planning, developing, and implementing
process improvements and programs to maximize productivity, profitability, and quality assurance in the
construction industry. Direct diverse teams to comply with regulatory guidelines and work place safety
initiatives.
Highlights
• Team leadership -Data analysis • Problem resolution • Inventory control
• Staff development/training • Cost analysis • Project management • Strategic planning
Education
West Valley Vocational Center at Woodland Hills CA
2/2011 to Present
High School Equivalent GED
Journeyman union carpenter at Sylmar training center
Instituto Francisco I. Madero in Veracruz Mexico
6/1994 - 9/1992
Professional Experience
EMPLOYER: OPTIMA Reengineering & Project Management
LENGTH: December 2012 — Present
JOB TITLE: Project Superintendent
DUTIES: At my job, I am responsible for: Take off, lay outs, run day to day operations, organize
manpower, schedule sub -contractors, write daily reports, RFI's, as -built, three week look ahead
schedule, and work in the field.
EMPLOYER: Rene Sanches Construction
LENGTH: August 2011 —September 2011
JOB TITLE: Foreman, carpenter
DUTIES: At my former job, I was responsible for: Take off, lay outs, run day to day operations,
organize manpower, schedule sub -contractors, write daily reports, RFI's, as -built, three week look
ahead schedule, and work in the field.
EMPLOYER: EMAE International Inc, Santa Fe Springs, CA TEL 562-404-1468
LENGTH: May 2011- May 2000
JOB TITLE: Carpenter, Foreman, Superintendent
DUTIES: At my former job, I was responsible for: Take off, lay outs, run day to day operations,
organize manpower, schedule sub -contractors, write daily reports, RFI's, as -built, three week look
ahead schedule, and work in the field.
COMPLETED PROJECTS
Auto Technology Center at Cerritos College
(Project Superintendent)
January 2011 to February 2009
Southland Cerritos Center Transportation and Technology At Cerritos College
(Project Superintendent)
March 2010 to February 2010
Escalona Elementary School Modernization in Norwalk CA
(Project Superintendent)
March 2009 to October 2007
Richman Park Renovation in Placentia CA
(Project Superintendent)
October 2007 to March 2007
Softball Field at Santa Ana College
(Field supervisor)
March 2007 to January 2007
Administration Building Renovation at Whittier High School
(Project Superintendent)
January 2007 to April 2006
La Serna High School Renovation project
(Project Superintendent)
April 2006 to July 2005
Frontier High School Modernization Project
(Project Superintendent
July 2005 to February 2002
Lake Mathew elementary School
(Field Foreman)
February 2002 to June 2001
Linwood elementary School
(Carpenter)
June 2001 to February 2001
Long Beach City Hall
(Carpenter)
February 2001 to September 2000
Wild Rose Elementary School
(Carpenter)
September 2000 to May 2000
Memberships UNION Carpenter Local 209
Languages English and Spanish
Accreditations: CPR American Red Cross, First Aid Red Cross, OSHA 10, Powered
Indoor Truck Operator — Indoor Lift Truck, Scaffold Erector.
City of Newport Beach
Newport Beach Police Station Locker Room Remodel
Contract No. 7872-1
NON -COLLUSION AFFIDAVIT
State of California )
County ofOrange � ss.
Mohamed Mamoun being first duly sworn, deposes and says that he or she is
President of Optima RPM Inc. , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of the State of California that the foregoin ' rue and correct.
Optima RPM, Inc. jyd
President
Bidder Authorized Signature/Title
Subscribed and sworn to (or affirmed) before me on this day of 2020
by 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.
[SEAL]
14
"See attached approved notarial format
Notary Public
My Commission Expires:
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202
vSee Attached Document (Notary to cross out lines 1-6 below)
See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary)
Signature of Document Signer No. 1
Signature of Document Signer No, 2 (if any)
-----------------------
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
�i
ELIZABETH 1. RAMIREZ
Notary Public - California z
orange County >
Commission « 2229216
My Comm. Expires Feb 21, 2022
Seal
Place Notary Seal Above
Subscribed and sworn to (or affirmed) before me
on this 16th day of December 2020
by Date Month Year
(1). Mohamed Mamoun
(and (2) NIA )
Name J of Signer J
proved to me on the basis of satisfactory evidence
to be the_'�r� appeared before me,
Signature
Signature of Nojaj 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: Non -collusion Affidavit
Number of Pages: _ 1 Signer(s) Other Than Named Above: N/A
Document Date: N/A
tir of �.^G�X��S��h;� G:cso�c`teX 6Y�ev� Cq pc'� < c cx cx 5 GCC w`? L� ve>u. ✓Cx ci cY f?
02014 National Notary Association • www,NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5910
City of Newport Beach
Newport Beach Police Station Locker Room Remodel
Contract No. 7872-1
DESIGNATION OF SURETIES
Bidder's name Optima RPM, Inc.
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
Agent: The Bond Exchange
24800 Chrisanta Drive, Suite 160 Mission Viejo, CA 92691
Contact: Shawn Blume (951) 217-8637
Surety: United Fire and Casualty
P.O. Box 73909 Cedar Rapids, IA 52407
Contact: Gary Dill (319) 399-5700
15
City of Newport Beach
Newport Beach Police Station Locker Room Remodel
Contract No. 7872.1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name optima RPM, Inc.
Record Last Five (5) Full Years
Current Year of Record
16
Current I
Record Record
Record
Record
Record
Year of
for for
for
for
for
Record
2019 2018
2017
2016
2015
Total
2020
No. of contracts
Total dollar
12
25 20
14
13
25
109
Amount of
Contracts (in
Thousands of $
$5M $7.6M $6.8M
$6M
$7.5M
$12M
44.9M
No. of fatalities
No. of lost
Workday Cases
No. of lost
workday cases
involving
permanent
transfer to
anotherjob or
0
0 0
o
°
0
0
termination of
em loyment
The information required
for these items is the
Occupational Injuries,
Summary
same
--Occupational Injuries
as required
Illnesses,
for columns 3 to
6, Code 10,
and
OSHA No.
102.
16
Legal Business Name of Bidder Optima RPM, Inc.
Business Address: 717945 Sky Park Circle Suite D Irvine, CA 92614
Business Tel, No.: (949) 724-1399
State Contractor's License No. and
Classification: 961714 A, B, C6, C1
Title President
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
December 16, 2020
President Treasurer, Manager
s
U7
Vice President, Secretary, RMO
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. if bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
LNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
;:
A notary public or other officer completing this certificate verifies only the identity of the individual whosigned 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 16, 2020 before me, Elizabeth I. Ramirez, Notary Public
Date Here Insert Name and Title of the Officer
Personally appeared Mohamed Mamoun and Maykel Hanna
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),/are
subscribed to the within instrument and acknowledged to me that
.,$ authorized ca acit ies and that blsl�rGrlthey executed the same to
or the entity upon behalf of which the persons acted, execluted the innat strumene instrument the persons},
ELIZABETH I. RAMIREZ
Notary Public - California
$ Orange County p
Z Commission # 2229216
My Comm. Expires Feb 21, 2022
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
Signature
seal.
'of $oVry 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: Contractor's Industrial Safety Record 12/16/2020
Number of Pages: 2 ---- _Document Date:
g Signer(s) Other Than Named Above: N/A
Capacity(ies) Claimed b
edMyy, Signer(s)
S' ner's Name: Mohamamoun
� ..f Corporate Officer -- Title(s): President, Treasurer
0 Partner -- F1 Limited Ej General
11 Individual U Attorney in Fact
I-.1 Trustee ❑ Guardian or Conservator
1 I Other:
Signer Is Representing: optima RPM Inr
Si per's Name: Maykel Hanna
Corporate Officer — Title(s): VP, secretary
I Partner — ❑ Limited I I General
.1 Individual I ; Attorney in Fact
Trustee I I Guardian or Conservator
Other.
Signer Is Representing: Optima RPM Inc.
02014 National Notary Association , www.NationalNotary.org 1 -800 -US NOTARY (1-800-876-6827) Item #5907
City of Newport Beach
Newport Beach Police Station Locker Room Remodel
Contract No. 7872-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name Optima RPM, Inc.
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
WS,
City of Newport Beach
Newport Beach Police Station Locker Room Remodel
Contract No. 7872-1
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: optima RPM, Inc.
Business Address: 17945 Sky Park Circle Suite D Irvine, CA 92614
Telephone and Fax Number: P: (949) 724-1399 F: (949) 724-1851
California State Contractor's License No. and Class: 961714 A, B, C6, C17
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 6/3/2011 Expiration Date: 6/30/2021
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:
Carlos Ramon, General Superintendent
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
Mohamed Mamoun, President -Treasurer -Manager 17945 Sky Park Circle Suite D Irvine, CA 92614 C: (949) 529-7948
Maykel Hanna, Vice President-Secretary-RMO 17945 Sky Park Circle Suite D Irvine, CA 92614 C: (949) 529-7949
Mostafa Ghanem, Vice President 17945 Sky Park Circle Suite D Irvine, CA 92614 C: (714) 787-8097
Corporation organized under the laws of the State of California
IN
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
NO
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
NO
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;
None
Briefly summarize the parties' claims and defenses,-
N/A
efenses;N/A
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.
NO
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 co , liance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes (No
20
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 December 16, 2020
Date
before me, Elizabeth I. Ramirez, Notary Public
personally appeared Mohamed Mamoun
Here Insert Name and Title of the Officer
who proved to me on the basis of satisfactory evidence to be the personjKwhose nam is/Pd
subscribed to the within instrument and acknowledged to me that he/21wtwexecuted the same in
his�rftheir authorized capacity es); and that by h SOW/UleYsignatu*"n the instrument the person;
or the entity upon behalf of which the persorlo acted, executed the instrument.
ELIZABETH I. RAMIREZ
r NotaryPublic- California
ti. Orange County
Commission M 2229216
My Comm. Expires Feb 21, 2012
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true an -
Signature
Signature
seal.
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: Information Required of Bidder 12/16/2020
_ Document Date:
Number of Pages:? Signer(s) Other Than Named Above: N/A -
Capacity(fes) Claimedby Signers)
S,Qiner's Name: MohamedyMamoun
�f Corporate Officer -,- Title(s): President
(.]Partner - 1 Limited FI General
11 Individual C1 Attorney in Fact
11 Trustee D Guardian or Conservator
_I Other:
Signer Is Representing; ootima RPM Inc
Signer's Name:
_1 Corporate Officer — Title(s):
I Partner — i I Limited I I General
L.' Individual I1 Attorney in Fact
I ; Trustee Guardian or Conservator
.-1 Other: _
Signer Is Representing:
02014 National Notary Association • www.NationalNotary g or 1 -800 -US NOTARY (1-800-876-6827) Item #5907
'
Are any claims or actions unresolved or outstanding? Yes /( o�
If yes to any of the above, explain. (Attach additional sheets, if necessary)
N/A
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
Mohamed Mamoun
(Print name of Owner or President
of Corporation/Comp�lnyy -
Optima RPM, Inc.
President
Bidder Authorized Signature/Title
President
Title
December 16, 2020
Date
On before me, , Notary Public, personally appeared
who to me othe basis of
satisfactory evidence to be the person(s) whose name(s) is/are ubscr bred to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
'See attached approved notarial format (SEAL)
Notary Public in and for said State
My Commission Expires:
21
City of Newport Beach
Newport Beach Police Station Locker Room Remodel
Contract No. 7872-1
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
idder:
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.
22
CITY CLERK
NEWPORT BEACH POLICE STATION LOCKER ROOM REMODEL
CONTRACT NO. 7872-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 9th day
of February, 2021 ("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, CA 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 has advertised for bids for the following described public work: The work
necessary for the completion of this contract comprises of general construction of
a locker room, bathrooms and associated spaces; obtaining City building permits;
passing background checks for all workers entering the Police Station; removing
and disposing of the existing improvements; constructing improvements; and
completing other incidental items in place as required by the Contract Documents
at the Newport Beach Police Department located at 870 Santa Barbara Drive,
Newport Beach, CA 92660 (the "Project" or "Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 7872-1, Standard
Specifications for Public Works Construction (current adopted edition and all
supplements), and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"), all of which are incorporated herein by reference.
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project. All of the Work to be performed and
materials to be furnished shall be in strict accordance with the provisions of the Contract
Documents. Contractor is required to perform all activities, at no extra cost to City, which
are reasonably inferable from the Contract Documents as being necessary to produce
the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of Seven Hundred Sixty Two Thousand Dollars
($762,000.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Carlos Ramon to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public Works
Director, or designee, shall be the Project Administrator and shall have the authority to
act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Work to be rendered pursuant to this Contract.
6. NOTICE OF CLAIMS
6.1 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
Optima RPM, Inc. Page 2
City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with the
Government Claims Act (Government Code 900 et seq.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Director of Public Works
City of Newport Beach
Public Works Department
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Carlos Ramon
Optima RPM, Inc.
17945 Sky Park Circle Suite D
Irvine, CA 92614
Optima RPM, Inc. Page 3
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit B and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
Optima RPM, Inc. Page 4
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract or for other periods as specified in the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
Control means fifty percent (50%) or more of the voting power or twenty-five percent
(25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
In accordance with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem wages in
the locality in which the work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. All parties to 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.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
Optima RPM, Inc. Page 5
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of the
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
Optima RPM, Inc. Page 6
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") 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.
18.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Contract by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
Optima RPM, Inc. Page 7
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Contractor has not been previously paid.
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
Optima RPM, Inc. Page 8
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project site, has become familiar with the
local conditions under which the Work is to be performed, and has correlated all relevant
observations with the requirements of the Contract Documents.
22. WAIVER
A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct and
are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
Optima RPM, Inc. Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: — 2
C
Aar n C. Harp
City Attorney
ATTEST:
Date:-:? --k -2-OZ/
By:
Leilani I. Brown
City Clerk
FO
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Br Avery
Mayor
CONTRACTOR: OPTIMA RPM, INC., a
California corporation
Date:
Signed in Counterpart
By:
Mohamed Maher Mamoun
Chief Executive Officer
Date:
Signed in Counterpart
Maykel Adib Shehat Hanna
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C - Insurance Requirements
Optima RPM, Inc. Page 10
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: r' _, f " .._w.. -z-
Aarooh C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date.-
By.-
Brad
ate:
By:Brad Avery
Mayor
CONTRACTOR: OPTIMA RPM, INC., a
California corporation
Date:
By: _
Mohamed Maher Mamoun
Chief Executive Officer
Date:
By:
Maykel A ib Shehat Hanna
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Optima RPM, Inc. Page 10
Premium listed on Performance Bond
Executed in Duplicate
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 54203497
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 work
necessary for the completion of this contract comprises of general construction of a locker
room, bathrooms and associated spaces; obtaining City building permits; passing
background checks for all workers entering the Police Station; removing and disposing of
the existing improvements; constructing improvements; and completing other incidental
items in place as required by the Contract Documents at the Newport Beach Police
Department located at 870 Santa Barbara Drive, Newport Beach, CA 92660, 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,
United Fire & Casualty 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
Seven Hundred Sixty Two Thousand Dollars ($762,000.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount payable by
the City of Newport Beach under the terms of the Contract; for which payment well and
truly to be made, we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
Optima RPM, Inc. Page A-1
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 22nd day of February , 2021 .
Optima RPM, Inc.
Name of Contractor (Principal)
United Fire & Casualty Company
Name of Surety
P.O. Box 73909, Cedar Rapids, IA 52407-3909
Address of Surety
319-399-5700
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:_
By: _141�
�aL Aaro . Harp
City 4ftorney
Authorized Sig nature/Title j�.,Lq-� or
Authoriz ent Signature
Yung T. Mullick, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Optima RPM, Inc. Page A-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of _ )SS.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of }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. Page A-3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
[,T .cit. .:S c� .,t•c� .rt :. i.s�tt.2i c�✓Tt_n�.c� �s�c>..at.:�_at,c�_.s�t.ca .c�<.w..T•.� .at.s� .sem<.ci..s�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 Orange
On February 26, 2021
Date
personally appeared
before me, Elizabeth I. Ramirez, Notary Public
Hanna
Here Insert Name and Title of the Officer
of
who proved to me on the basis of satisfactory evidence to be the perso�n� whose namepris/j4
��
subscribed to the within instrument and acknowledged to me that he�bWY executed the same in
his4m0 it authorized capacity4es)-and that by his.(WAI;etf signatureK on the instrument the persor (sf,
or the entity upon behalf of which the personoracted, executed the instrument.
ELIZABETH L RAMIREZ
Notary Public -California z
orange County
2229216
..,
Commission Comm 22
My Comm. Expires Feb 21, 20
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 y'h—and nd icial seal..
Signature N w
Signature o%N tary 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: Labor and Materials Payment Bond Document Date:
Number of Pages: 2 Signer(s) Other Than Named Above: _N/A
Capacity(ies) Claimed by Signer(s)
S, ner's Name: Maykel Hanna
Corporate Officer — Title(s): 3eccetary
C] Partner -- ❑ Limited F-1 General
F1 Individual 11 Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Optima RPM Inc
2/22/2021
S' ner's Name:
Corporate Officer — Title(s):
F] Partner — C1 Limited F I General
U Individual Ll Attorney in Fact
I ]Trustee F1 Guardian or Conservator
❑ Other:
Signer Is Representing: -
02014 National Notary Association • www. NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
III CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT III
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 FEB 2 2 Luu"ci.
Date
before me, Irene Luong Notary Public,
Insert Name of Notary exactly as it appears on the official seal
personally appeared Yung T. Mullick
Name(s) of Signer(s)
IRENE Z UON�
c-CliNotaryPublifornia
z _ Orange County D
Commission R 2207169
My Comm. Expires Jul 27, 2021
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct. _
Witness m
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another 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:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
,Ufgm UNITED FIR[' & CASUALTY COMPANY, CEDAR RAPIDS, ]A Inquiries: Surety Department
UN1Thll hIItE & INDLMNITY COMPANY, WEBSTER :TX 118 Second Ave SE
FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLiN, CA Cedar Rapids, IA 52401
INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY
(original on file at Home Office of Company — See Certification)
KNOW ALL PERSONS BY THESE PRI SENTS, That United 'Fire & Casualty Company, a corporation duly organized and existing under the laws
of the State of Iowa; United Fie & hndenmity Company, a corporation duly organized and existing under the laws of the State of Texas; and
Financial Pacific insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called
the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint
JAMES W MOILANEN, YUNG T. MULLICK, P. AUSTIN NEFF, IRENE LUONG, EMILIE GEORGE, EACH INDIVIDUALLY
their true and lawful Attonney(s)-in-Fact with power and authority hereby conferred to sigh, seal and execute in its behalf all lawful bonds,
undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $15, COO, 000.00
and to bind the Companies thereby as fully and to the same extent as il'such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted shall expiie'the6th day of July, 2022 unless sooner revoked by United Fire & Casualty
Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company.
'Phis Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of
Directors of United Fire & Casualty Company, United Fie & Indemnity Company, and Financial Pacific Insurance Company.
"Article VI — Surety Bonds and Itnclertakings"
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appohtt by written
certificates attomcys-m-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instalments of like nature.
The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of anomey or certification of
either authorized hereby: such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the
Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attomeys-in-fact, subject to the limitations set of
forth in theirrespective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal
the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority
preuu uslygiven to any anomey-ht-fact.
iN WITNESS WHEREOF, the COMPANIES have each caused these presents to be sighted by its
\\\„panhp,/ \,Ntoatuuop pwu,uNlp,p
o;iq,`Fhc,asrq� ,,, vice president and its corporate seal to be hereto affixed this 6th da of July, 2020
y CORM7RATE qL CORPORATE L� ��,�- 10% 01
_ Y h13LYaz ,g£ UNITED FIRE & CASUALTY COMPANY
5r.4L sFAL tom•., ,, 1986 \'.r, UNITED FIRE & INDEMNITY COMPANY
C
,.... ,,.` FINANCIAL PACIFIC INSURANCE COMPANY
,IllDltll,
State of Iowa, County of Linn, ss:
Vice President
On 6th day of July, 2020, before me personally came Dennis J. Rtchmann
to nne known, who being by me duly sworn, did depose atnd say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire
& Casualty Company, a Vice President of United Fire & Indennnity Company, and a Vice President of Financial Pacific Insurance Company the
corporations described in and which executed the above instrument; that he knows die seal of said corporations; that the seal affixed to: the said
instrument is such corporate seal; that it was so affixed pursuant'to authority given by the Board of Directors of said corporations and that he sighed his
name thereto pursuant to like authority, and acknowledges same to be the act and (Iced of said corporations.
1*1
Judith A. Jones
Iowa Notarial Seal
Commission number 173041 Notary PublicMy Commission Expires 423/2021
My commission expires: 4/23/2021
1, Mary A. Bertsch, Assistant Secretary ofI[ hnited Fire & Casualty Connpany and Assistant S&rettu'y of united Fire & Indemnity Company, and Assistant
Secretary of Financial Pacific insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and
the copy of the Section of lie bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE
HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that Are said
Power of Attorney has not been revoked and is now fit full force and effect.
In testimony whereon 1 have ltereu ntc s �l rihF4 .t a and affixed the corporate seal of the said Corporations
this day of Ctt3 !� !� Gti4 t -)0
\`y tGCIM %
% i
C 01U'ORATE
SFAI, ae�.
""I
BPOA0045 122017
y\\p\k IND61My/�i
�r CORPORATE 04Y 2?, O'_
B 77
—• r_ .� s_
SFAL z � ��'• '9A6 , yO
riff
�nnmmwuaa
By.
This paper has a colored background and void pantograph.
Assistant Secretary,
OF&C & OF&I & FPIC
Premium is subject to change based on the
final contract amount
Executed in Duplicate
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 54203497
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 10,495.00 , being at the
rate of $ For First $100,000-$18.75, For Next $400,000-$15.00 thousand of the Contract price.
For Next
WHEREAS, the City of Newport Beach, State of California, has awarded to
OPTIMA RPM, INC. hereinafter designated as the "Principal," a contract for: The work
necessary for the completion of this contract comprises of general construction of a locker
room, bathrooms and associated spaces; obtaining City building permits; passing
background checks for all workers entering the Police Station; removing and disposing of
the existing improvements; constructing improvements; and completing other incidental
items in place as required by the Contract Documents at the Newport Beach Police
Department located at 870 Santa Barbara Drive, Newport Beach, CA 92660, 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 United Fire & Casualty 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 Seven
Hundred Sixty Two Thousand Dollars ($762,000.00) lawful money of the United States
of America, said sum being equal to 100% of the estimated amount of the Contract, to be
paid to the City of Newport Beach, its successors, and assigns; for which payment well
and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
MENOMONEE
Optima RPM, Inc. Page B-1
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 22nd day of February 12021 .
Optima RPM, Inc.
Name of Contractor (Principal)
United Fire & Casualty Company
Name of Surety
P.O. Box 73909 Cedar Rapids IA 52407-3909
Address of Surety
319-399-5700
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
,f hAaro . arp
City Attorney
Authorized Signature/Title a"GretUki
Auth zed Agent Sign ure
Yung T. Mullick, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Optima RPM, Inc. Page B-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) SS.
On , 20 before me, ,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of _ )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. Page B-3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
ik
t.�, .pit. .ti ,'t.c>.�.cnt : t.A .c�. !; .aa•_ ts»s> . a�.._sit..at.a._s� _at sit, t.vn�.r•_s».a<.m•..�t s�ts�•.c�t�t�t ,^tom• . •rpt :�C t.c�t.c�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
Orange
On February 26, 2021 before me, Elizabeth I. Ramirez, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Maykel Hanna
of
who proved to me on the basis of satisfactory evidence to be the person
, whose name istare
subscribed to the within instrument and acknowledged to me that hem/executed the same in
his/,h6r/their authorized capacit W, and that by his/,;hdjjhdfr signatureKon the instrument the persof►(s)'
or the entity upon behalf of which the personX acted, executed the instrument.
ELIZABETH 1. RAMIREZ
1* '� Notary Public -California
Ord '^ CCunty
r r�Yir Commisz:o"
p 2229210
My Comm. Exres Feo 21, 2022
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS m -hand- d�fficial seal. "
Signature /
Signature ofr tally 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: Faithful Performance Bond
Document Date:
Number of Pages: 2 Signer(s) Other Than Named Above: N/A
Capecity(ies) Claimed by Signer(s)
Signer's Name: Maykel Hanna
Corporate Officer -- Title(s): secretary
E] Partner -- C❑ Limited F General
1-1 Individual C1 Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
C1 Other:
Signer Is Representing: Optima RPM, Inc.
2/22/2021
S' ner's Name:
Corporate Officer — Title(s):
F1 Partner — O Limited FI General
U Individual ❑ Attorney in Fact
I 1 Trustee Fl Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA ALL-PURPOSE 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 4Ub a
Date
before me, Irene Luong Notary Public,
Insert Name of Notary exactly as it appears on the official seal
personally appeared Yung T. Mullick
Name(s) of Signer(s)
IRENE LUONG
Notary Public - `- California z
Orange County a
Commission 9 2207169
My Comm. Expires Jul 27, 2021
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct. /
Witness my hand a d ffi ial
Signature
Signature tqotary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another 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
❑ Individual
❑ Corporate Officer—Title(s):_
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name
❑ Individual
❑ Corporate Officer Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
UNITED 1'IRE & CASLIAI; I'Y COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department
UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Aire SE
U`19 FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA- Cedar Rapids, IA 52401
INSURANCELM CERTIFIED COPY OF POWER OF ATTORNEY
(original on file at Home Office of Company —See Certification)
KNOWALL PL'RSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws
of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the Slate of Texas; and
Financial Pacific insurance Company, a corporation duly organized and existing under the laws of Ute State of California (herein collectively called
the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint
JAMES W. MOILANEN, YUNG T. MULLICK, P. AUSTIN NEFF, IRENE LUONG, EMILIE GEORGE, EACH INDIVIDUALLY
their true and lawful Attorney(s)-iii-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,
undertakings and otherobligatory instruments of similar nature provided that no single obligation shall exceed $15,000,000.00
and to Uitd the Companies thereby as fully and to the`same extent as il'such instruments were signed by die duly authorized officers of the Companies
and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted shall expire the 6th day of July, 2022 unless sooner revoked by United Fire & Casualty
Company, tinited Fine & Indemnity Company, and Financial Pacific Insurance Company.
This Power of Attorney is made and executed pursuant to and by authority of die following bylaw duly adopted on May 1.5, 2013, by the Boards of
Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company.
"Article V1— Surety Bonds and Undertakings"
Section 2, Appointment of Attorney -in -Pact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written
certificates: attorntevs- in- .fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertalungs and other obligatory fit sit tuneiits of like nature.
the signature of any.officer authorized hereby, and the Corporate seal, may he affixed by facsimile to any power of attorney or special power of attorney or certification of
either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the
Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Stich attorneys -in -fact, subject to the limitations set of
tbrth in their respective certificates of authority shall have ftdl power to bind the Companies by their signature and execution of any such instruments and to attach Ole seal
the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at anytime revoke all power and authority
Previously;; given to any attorney-nt-fact.
„\1111111111 IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its
�r�"°�/�%';'r+,, .`�Fclysuq;, vice president and its corporate seal to be hereto affixed this
�• COIt1Y/ttpTE w ,o• ^o QP,.G�PPOggl%Y,�'s 6th day Of Ju 1 y, 2020
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UNITED FIRE & CASUALTY COMPANY
- Sr.AL a SQAL a S•,, n 1884 \'.�,; UNITED FIRE &INDEMNITY COMPANY
zE*�o\d y �.'..OP�' ; � FINANCIAL
PACIFIC INSURANCE COMPANY..
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By:
State of lotva, County of Linn, ss: Vice President
On 6th day of July, 2020, before me personally cameDennis J. Richmann
to m4 k imkii, who being by me duly sworn; did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire
& Casualty Company, a Vice President of United Fire & indemnity Company, and it Vice President of Financial Pacific Insurance Company die
coiporations described un and which executed the above instnunent; that lie knows the seal of said, corporations; that the; seal affixed to die said
instrument is such corporate seal; that it was so affixed Firsuant to authority given by the Board of Directors of said corporations and that lie signed his
name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations.
lil
Judith A. Jones
Iowa Notarial Seal
Commission number 173041 Notary Public
My Commission Expires 4/23/2021
My commission expires: 4/2312021
1, Mary A. Bertsch, Assistant Secretary cif United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant
Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and
the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN TI IE
HOME OFFICE OF SAID CORPORATIONS, and that die same are correct transcripts thereof, and of Ute whole of the said originals, and that the said
Power of Attorney has not been revoked and is now it full force and effect.
In testimony whereof I have lteretui�}it) ri� d ane and affixed the corporate seal of the said Corporations
this day of it)
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BPOA0045 122017
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EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees
to provide insurance in accordance with requirements set forth here. If Contractor
uses existing coverage to comply and that coverage does not meet these
requirements, Contractor agrees to amend, supplement or endorse the existing
coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and 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, 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 C-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. 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 the 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
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
Optima RPM, Inc. Page C-2
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. 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
Optima RPM, Inc. Page C-3
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self-insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self-insured
retention, the self-insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination
of the self-insured retention, substitution of other coverage, or other
solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole
option, be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
Optima RPM, Inc. Page C-4
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.
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
Optima RPM, Inc. Page C-5
Reyes, Raymund
From: Customer Service <customerservice@ebix.com>
Sent: Tuesday, March 16, 20215:55 PM
To: Reyes, Raymund; Insurance
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number 7872-1
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. 7872-1 Optima RPM, Inc.
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.
City of Newport Beach
Newport Beach Police Station Locker Room Remodel
Contract No. 7872-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 7872-1 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
December 16, 2020
Date
P:(949)724-1399 F:(949)724-1851
Bidder's Telephone and Fax Numbers
961714 A, B, C6, C17
Bidder's License No(s).
and Classification(s)
1000013611
DIR Registration Number
Optima RPM, Inc.
Bidder
President
Bidder's Authorized Signature and Title
17945 Sky Park Circle Suite D Irvine, CA 92614
Bidder's Address
Bidder's email address: mmamoun@optimarpm.com mhanna@optimarpm.com
PR -1
City of Newport Beach
Page 1
Newport Beach Police Station Locker Room Remodel (7872-1): bidding on December 16, 2020 2:00 PM (Pacific)
Panted 12,11612020
Bid Results
Bidder Details
Vendor Name Optima RPM
Address 17945 Sky Park Circle
Suite D
Irvine. CA 92614
United States
Respondee Maykel Hanna
Respondee Title Vice President
Phone 949-724-1399 Ext. 202
Email mhanna@optimarpm.com
Vendor Type CADIR
License # 961714
CADIR 1 00001 361 1
Bid Detail
Bid Format Electronic
Submitted December 16, 2020 1:50:22 PM (Pacific)
Delivery Method
Bid Responsive
Bid Status Submitted
Confirmation # 237819
Ranking 0
Respondee Comment
Buyer Comment
Attachments
File Title File Name
File Type
BID SUBMITTAL C-7872-1 Optima RPM, Inc.pdf BID SUBMITTAL C-7872-1 Optima RPM, Inc.pdf
General Attachment
Bid Bond C-7872-1 Optima RPM, Inc.pdf Bid Bond C-7872-1 Optima RPM, Inc.pdf
Bid Bond
Line Items
Type Item Code UOM Qty Unit Price
Line Total Comment
BASE BID - Award to be determined based on the total Base Bid amount
1 Police Department Locker Room Remodel
LS 1 $670,000.00
$670.000.00
2 FF+E Allowance
Allowance 1 $10,000.00
$10.000.00
3 Provide As -Built Plans and Close -Out Documents
LS 1 $3,000.00
$3.000.00
Subtotal
$683,000.00
ADDITIVE BID ITEM - Award to be determined based on the total Base Bid amount
4 Add Alternative 1
No. Al LS 1 $79,000.00
$79.000.00
Subtotal
$79,000.00
Total
$762,000.00
City of Newport Beach Page 2
Newport Beach Police Station Locker Room Remodel (7872-1), bidding on December 16, 2020 2:00 PM (Pacific) Panted 12i16/2020
Bid Results
Subcontractors
Name & Address
Description
License Num
CADIR
Amount Type
A&H Refrieration
HVAC
956992
1000014546
$25,500,00
9561 Ingram ave
garden grove, CA 92844
United States
AMTEK CONSTRUCTION
Electrical
490382
1000009822
$903000.00 DGS
946 N LEMON STREET
ORANGE, CA 90606
United States
Peterson Grading & Paving
Grading and Paving
782357
1000011559
$11,581.00
Inc
515 W. Cully Dr
Orange, CA 92865
United States
DANNY RYAN PRECISION
Abatement
701357
1000018129
$47,80000
CONTRACTING INC
1818 N ORANGETHORPE
PARK
ANAHEIM, CA 92801
United States
INLAND PACIFIC TILE INC
Tile
780298
1000000911
$68.460.00 DGS
P O BOX 10879
SAN BERNARDINO, CA
92423-0879
United States
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
Newport Beach Police Station Locker Room Remodel
CONTRACT NO. 7872-1
DATE: 12/10/2020 BY:
C�
Deputy PWD/City Engineer
TO: ALL PLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the
contract documents — all other conditions shall remain the same.
PRE-BID QUESTIONS:
Q1: Room #29 was called for "FRP Full Height Wainscot" on the Finish Schedule
on A-5.1. Please Confirm that the FRP Full Height Wainscot was meant by 4'
height AFF?
A1: Changed to 8'H AFF. See Addendum 1.
Q2: Detail Plan A & B on 17/A-8.1 showed LED Light Strip in the Ceiling Cove;
however, the Plan E-2.2 and Lighting Fixture Schedule on E-0.1 did not provide any
information about the LED Light Strip. Please Clarify.
A2: See Addendum 1.
Q3: Detail Plan #11 & #15/A-8.2 showed "Solid Polymer Shower Enclosure Panel"
at Walls and Ceilings. The Technical Spec, Section 119000, para 2.1.B was listed
that Shower Wall Surface by Corrian without any details. Please provide the
Product Specification with its Model No., Size & Color at least.
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A3: "Bath Surfaces" is the model. Custom sizes. Color will be selected from
complete range. See specs.
Q4: Please Confirm that Modifying Fire Alarm, Fire Sprinkler, LV, Security System,
& Telecommunication System were not required under this project.
A4: It is not in the scope and is not required for this project
Q5: Plan A-0.5 showed the Corridor (Room #1, 16, 17, 23) should be Add Alternate
1 on the Bid Schedule; however, Bid Schedule on PlanetBid listed Base Bid
only. Also, per Instruction for Bid Form, Item No. Al under Additive Bid Item, It
stated "Contract Page 14 of 16 Document" which was not in the contract
document. Please Verify and Advise.
A5: The bid proposal will include a line item for Add Alternative 1.
Q6: Plan C1 and A-1.2 showed different scopes of Pavement Reconstruction. C1
called for 2" AC Grind and Overlay within the dashed area per Demo Keynote 2 and
all other parking lot was Protect -in -Place per Keynote 9; however, A-1.2 called (N)
Striping, (N) Slurry Seal on the entire Hatched Area. Which plan should we follow?
A6: Keynote 9 revised. Area noted per Keynote 9 shall refer to Architectural.
Q7: Per Plan A-1.2, Keynote 0002 & 0260 called for Remove & Replace the Wheel
Stops with a Note "TYP." Please Confirm that (31) Wheel Stops should be replaced
in the Entire Parking Lot as showing on the Plan? Or only (9) Wheel Stops would be
replaced within the Dash -Line?
A7: All the wheelstops noted 0260 shall be new.
Q8: Whose Responsibility to hire a Land Surveyor per C1? City or Contractor?
A8: Contractor
Q9: Plan M-2.1 showed Replacing (3) Registers and (2) Return Grilles in the
Corridor. The Cost of Replacing these Items should be included as the Alternate
on the Bid Schedule? Or the Base Bid Schedule?
A9: Alternative 1
Q10: Plan E-2.2 showed Replacing (25) Light Fixtures in the Corridor. The Cost of
Replacing these Items should be included as the Alternate 1 on the Bid Schedule?
Or the Base Bid Schedule?
A10: Alternative 1
Q11: Plan A-2.3 showed (N) LVT Floor in the Corridor. The Cost of Replacing
these Items should be included as the Alternate 1 on the Bid Schedule? Or the
Base Bid Schedule?
A11: Alternative 1 — See Remark in Finish Schedule.
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Q12: The Provided Asbestos Test Report (114 Pages) under Spec Section 02 80
00 was contained the Sample Test Reports from "Computer Room, Gym, Lunch
Room; and the Bulk Sampling testing from the Traffic Division, 1st Floor
Lobby/Hallway, North Wing Hallway, Basement Jail Facility, Polygraph Storage,
Lobby Stairs, StairWells, and Office Rooms without a Tested Sample Map. None of
the Tested Areas were not met the current Project Scope Area — Locker Rooms
(Base Bid) or Corridor (Alternate Bid). Also, without the Asbestos Testing Sample
Map (Current), we cannot justify if the Project Work Area was tested. Please
provide the Asbestos Testing Report for the area under this project. Especially, the
(E) Corridor Ceiling Finish (Popcorn) should be tested if it contains a Hazardous
Material. Please Review the Report and Advise.
Al2: See updated report date December 8, 2020 that supercedes the previous
hardardous material report issued by Addendum 1
Q13: As a Conversation in the pre-bid meeting on 12/01/20, for the Demo (E)
Wallpaper throughout the Corridor (Alternate 1) would be an unforeseen item.
There would be much variation in cost impact upon the condition of the surface
after Demo and preparation for the (N) finish. It would have much chance to
replace the drywall in certain portions. Please advise how many percent of the
drywall replacement would be reserved its cost for the fair bid among the bidders.
A13: See note under legend on AD -2.1. Replace gypsum board as required if
damaged by contractor. No allowance will be reserved for this work. It is
understood that there are two layers of wallpaper to remove prior to beginning
preparing the wall for final paint.
Q14: Please Confirm if the (N) LVT Floor was required under (N) Lockers.
A 14: No.
Q15: The Wall Legend on Plan A-2.1 listed 3-5/8" Metal Stud Wall; however, the
Plan showed Thicker than 3-5/8" stud wall beyond the Plumbing Fixtures. Please
Provide the (N) Wall Type and Stud Schedule. Plan A-8.4 did not contain the Wall
Types.
A15: Building the walls greater than 3-5/8" as double walls. See Addendum 1.
Q16: Detail 3, Page A-0.4 shows a concrete step that is connected to the floor
base. Are we to cut this area to match level of the adjacent floor?
A 16: See Reference Note 51 and General Note 1 on Drawing AD -2.1.
Q17: On the plan Sheet A2.1 Room 33 The walls that are in between the urinals
and showers and, will those thick walls be constructed, will they be installed as
double wall or will it be one thick wall across?
A17: Double wall plumbing wall - See Addendum 1.
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Bidders must sign this Addendum No. 1 and attach it to the bid proposal. A bid may
be deemed unresponsive unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
Bidder's Name (Please Print)
Date
Authorized Signature & Title
Attachments:
• WLC Addemdum 1— Date December 9, 2020
• Site walk sign -in sheet — December 2, 2020
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
Newport Beach Police Station Locker Room Remodel
Project Number 20F12
CONTRACT NO. 7872-1
PART 1 - GENERAL PROVISIONS
SECTION 00 - PRE-BID MEETING
00-1 JOBWALK
1
1
SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 2
1-2 TERMS AND DEFINITIONS 2
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-3 SUBCONTRACTS
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
2-9 SURVEYING
2-9.1 Permanent Survey Markers
2-9.2 Survey Service
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.3 Markup
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
5-2 PROTECTION
5-4 RELOCATION
2
2
2
2
2
2
3
3
3
3
3
3
4
4
4
4
4
4
5
5
5
5
5
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6
6-1.1 Construction Schedule 6
6-7 TIME OF COMPLETION 6
6-7.1 General 6
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
7
6-9 LIQUIDATED DAMAGES
7
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
8
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
8
7-1.2 Temporary Utility Services
8
7-2 LABOR
8
7-2.2 Prevailing Wages
8
7-2-5 Personnel Security Screening
8
7-7 COOPERATION AND COLLATERAL WORK
9
7-8 WORK SITE MAINTENANCE
9
7-8.4 Storage of Equipment and Materials
10
7-8.4.2 Storage in Public Streets
10
7-8.6 Water Pollution Control
10
7-8.6.2 Best Management Practices (BMPs)
10
7-10 SAFETY
11
7-10.3 Haul Routes
11
7-10.4 Safety
11
7-10.4.1 Work Site Safety
11
7-10.5 Security and Protective Devices
11
7-10.5.3 Steel Plate Covers
11
SECTION 9 - MEASUREMENT AND PAYMENT
11
9-2 LUMP SUM WORK
12
9-3 PAYMENT
12
9-3.1 General
12
9-3.2 Partial and Final Payment.
14
PART 2 - CONSTRUCTION MATERIALS 14
SECTION 200 — ROCK MATERIALS
14
200-2 UNTREATED BASE MATERIALS
14
200-2.1 General
14
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
14
201-1 PORTLAND CEMENT CONCRETE
14
201-1.1 Requirements
14
201-1.1.2 Concrete Specified by Class and Alternate Class
14
201-2 REINFORCEMENT FOR CONCRETE
14
201-2.2 Steel Reinforcement
14
201-2.2.1 Reinforcing Steel
14
201-7 NON -MASONRY GROUT
15
201-7.2 Quick Setting Grout
15
203-6 ASPHALT CONCRETE
15
203-6.5 Type III Asphalt Concrete Mixtures
15
SECTION 215 - TRAFFIC SIGNS
15
302-5 ASPHALT CONCRETE PAVEMENT
15
302-5.1 General
15
302-5.8 Manholes (and Other Structures)
15
SECTION 310 - PAINTING 16
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
Newport Beach Police Station Locker Room Remodel
Project Number 20F12
CONTRACT NO. 7872-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) the ARCHITECT'S TECHNICAL SPECIFICATIONS attached hereto; (2) these
Special Provisions; (3) the Plans (Drawing No. B -5270-S); (4) the Building Materials
Survey Report; (5) Cal OSHA and SCAQMD Rules and Procedures; (6) the City's
Standard Special Provisions and Standard Drawings for Public Works Construction
(Current Edition) http://www.newportbeachca.gov/government/departments/public-
works/resources; (7) Standard Specifications for Public Works Construction (2015
Edition), including supplements (Green Book); (8) the applicable Codes shown on the
Plans; (9) American Public Works Association Standard Drawings, Latest Edition; and
(10) Building Permits.
Copies of the Standard Specifications for Public Works Construction may be purchased
online at www.bnibooks.com/products/standard-specifications-public-works-construction
or call 888-BNI BOOK (888-264-2665).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 00 — PRE-BID MEETING
00-1 JOBWALK
The City will conduct a pre-bid site meeting on the date and at the time specified in the
Invitation to Bid. Bidder attendance at this meeting is OPTIONAL. On December 1,
2020 at 9:00 a.m. bidders shall meet at the City of Newport Beach Police Department
(870 Santa Barbara Drive, Newport Beach 92660).
The purpose of the Pre-bid Site Meeting is to acquaint prospective bidders with the site,
local physical features, site logistics, obstructions, water and power sources, and
Page 1 of 16
security conditions and issues. The conditions and requirements of these Specifications
will govern over any information presented at the Pre-bid Site Meeting. Addenda will be
prepared and issued, as necessary, to effect any changes to these specifications. All
questions and inquires shall be delivered in writing to the Project Manager no later than
December 4, 2020 at 3:00 p.m.
SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
At the time of the award and until completion of work, the Contractor shall comply with
eh following licensing requirements:
• The Contractor awarded the Project: General Building "B"
• The Subcontractor(s) performing non -building work shall be
appropriately licensed by the State for their work.
From the start of work until project completion, the Contractor and all Subcontractors
shall possess a valid Business License issued by the City.
2-3 SUBCONTRACTS
2-3.2 Self -Performance. Delete this section
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more
stringent requirement as determined by the Engineer shall control.
2-6 WORK TO BE DONE
The work necessary for the completion of this contract comprises of general
construction of a locker room, bathrooms and associated spaces; obtaining City building
permits; passing background checks for all workers entering the Police Station;
removing and disposing of the existing improvements; constructing improvements; and
completing other incidental items in place as required by the Contract Documents at the
Newport Beach Police Department located at 870 Santa Barbara Drive, Newport Beach,
CA 92660.
Page 2 of 16
2-9 SURVEYING
2-9.1 Permanent Survey Markers
Delete the second paragraph and replace with the following: The Contractor shall
submit to the Engineer, a minimum of 7 days prior to the start of work, a list of
controlling survey monuments which may be disturbed. The Contractor shall:
a) set survey points outside the affected work area that reference and locate each
controlling survey monument that may be disturbed,
b) file a Corner Record or Record of Survey with the County Surveyor after setting
the survey points to be used for re-establishment of the disturbed controlling
survey monuments, and
c) file a Corner Record or Record of Survey with the County Surveyor after
reestablishment of the disturbed (permanent) controlling survey monuments.
The Contractor shall protect all survey monuments during construction operations. In
the event that existing survey monuments are removed or otherwise disturbed during
the course of work, the Contractor shall restore the affected survey monuments at his
sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record
or Record of Survey with the County Surveyor upon monument restoration.
Existing street centerline ties and property corner monuments are to be preserved. The
Contractor shall be responsible for the cost of restoring all survey ties and/or
monuments damaged by the Work.
2-9.2 Survey Service
Delete this section and replace with the following: The Contractor's California Licensed
Land Surveyor shall utilize/follow the existing City survey records used for the project
design to provide all construction survey services that are required to construct the
improvements. The Architect of Record is WLC Architects. They can be contacted at
(909) 987-0909.
A minimum of two (2) sets of cut -sheets shall be included in the bid price and copies of
each set shall be provided to City 48 -hours in advance of any work. If the filing of a
Corner Record and/or a Record of Survey with the County Surveyor's Office is required,
the Contractor shall prepare and submit the Corner Records for review by the City a
minimum of three (3) working days before the start of any Work.
3-3 EXTRA WORK
3-3.2 Payment
SECTION 3 - CHANGES IN WORK
Page 3 of 16
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates.
3-3.2.3 Markup
3-3.2.3.1 Work by the Contractor
Delete this section and replace with the following: The following percentages shall be
added to the Contractor's costs (prior to any markups) and shall constitute the markup
for all overhead and profit:
1) Labor ............................................ 10
2) Materials ....................................... 10
3) Equipment Rental ........................... 10
4) Other Items and Expenditures ........... 10
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
applied by the Subcontractor to the actual costs (prior to any markups) and shall
constitute the markup for all overhead and profit. An additional markup of five (5)
percent of the subcontracted actual cost (prior to any markups) may be added by the
Contractor.
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Engineer. The Contractor shall furnish the Engineer with full information as to the
progress of the work in its various parts and shall give the Engineer timely (48 -hours
minimum) notice of the Contractor's readiness for inspection. Submittals are required
for all construction material.
Page 4 of 16
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
The Contractor is responsible for, and shall at his or her expense, pothole all existing
utilities which may be affected by the work to verify points of connection and potential
conflicts. No segment of work shall begin until the contractor has potholed and verified
points of connection and related connection material requirements, and coordinated the
final/existing layout of the laterals/pipeline with the Engineer, including adjustments due
to field conflicts with other utilities or structures above or below ground.
Within seven (7) calendar days after completion of the work or phase of work, the
Contractor shall remove all USA utility markings. Removal by sandblasting is not
allowed. Any surface damaged by the removal effort shall be repaired to its pre -
construction condition or better at the contractor's expense.
5-2 PROTECTION
In the event that an existing pull box, meter box or any other utility box is damaged by
the Work and is not re -useable, the Contractor shall provide and install a new
replacement pull box, meter box or any other utility box of identical type and size at no
additional cost to the City.
5-4 RELOCATION
All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes
and survey monument boxes (collectively known as "utility boxes") which are affected
by the Work shall be replaced to finish grade with new utility boxes. During asphalt
paving operation, manholes within paving area shall be temporarily lowered and
covered. Upon completion of paving operation, manholes shall be permanently
adjusted to finish grade.
The Contractor will be required to contact Southern California Edison, The Gas
Company, cable television companies, telecommunication companies and any other
utility companies to have their existing utilities adjusted to finish grade. The Contractor
shall coordinate with each utility company for the adjustment of their facilities in advance
of work to avoid potential delays to the project schedule. The Contractor shall provide
the necessary survey control for all utility companies to adjust boxes and vaults to the
Page 5 of 16
final grade. The Contractor will be required to coordinate with these companies for
inspection of the work.
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
No work shall begin until a Notice to Proceed has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval
a minimum of five working days prior to the pre -construction meeting.
The Engineer will review the baseline schedule and may require the Contractor to modify
the schedule to conform to the requirements of the Contract Documents. If work falls
behind the approved baseline schedule, the Contractor shall be prohibited from starting
additional work until Contractor has exerted extra effort to meet the baseline schedule and
has demonstrated the ability to maintain the schedule in the future. Such stoppages of
work shall in no way relieve the Contractor from the overall time of completion
requirement, nor shall it be construed as the basis for payment of extra work because
additional personnel and equipment were required on the job.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In addition, Contractor shall prepare 2 -week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
Furthermore, there is the possibility a separate contractor shall working in the Police
Station as part of the Gun Range Remodel project, Contract 7080-1. That contract shall
have priority when if both contractors working in the same area or systems.
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract within 70 consecutive
working days after the date on the Notice to Proceed. The Contractor shall ensure the
availability and delivery of all material prior to the start of work. Unavailability of material
will not be sufficient reason to grant the Contractor an extension of time.
Normal working hours are limited to weekdays from 7:00 a.m. to 5:30 p.m.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours
prescribed above.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 5:00 a.m. to 7:00
Page 6 of 16
a.m. on weekdays or 7:00 a.m. to 6:00 p.m. on Saturdays only. A request for working
outside the normal working hours must be made at least 72 hours in advance of the
desired time period. A separate request must be made for each work shift. The
Engineer reserves the right to deny any or all such requests. In addition, the Contractor
shall pay for supplemental inspection costs of $146 per hour when such time periods
are approved.
The following days are designated City holidays and are non -working days:
1. January 1 st (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11 th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
11. December 26th thru 30th (City Office Closure)
12. December 31 st (New Year's Eve)
If the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the
Engineer. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications
shall be on the job site at all times. The Contractor shall maintain as -built drawings of all
work as the job progresses. A separate set of drawings shall be maintained for this
purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time
each progress payment is submitted. Any changes to the approved plans that have
been made with approval from the Engineer shall be documented on the as -built plans.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after the time specified in Section 6-7.1 for
completion of the work, the Contractor shall pay to the City or have withheld from
moneys due it, the daily sum of $2,000.00.
Page 7 of 16
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar day is the minimum value of the costs and
actual damage caused by the failure of the Contractor to complete the Work within the
allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
If the Contractor elects to use City water, Contractor shall arrange for a meter and
tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the
deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a
charge for water usage and any repair charges for damage to the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, dust control, irrigation during
maintenance period for landscaping, etc.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing such water.
7-2 LABOR
7-2.2 Prevailing Wages
In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -
mixed concrete for public works contracts are subject to prevailing wages.
7-2-5 Personnel Security Screening
Prior to commencing services, Contractor and all personnel assigned to work at the
Newport Beach Police Department Headquarters (870 Santa Barbara Drive) are
required to successfully pass a California Department of Justice Live Scan
Fingerprinting background check (Live Scan), wants/warrants check and regional
records clearance performed by the City of Newport Beach Police Department. The
Contractor shall be responsible for obtaining the Live Scan for all workers prior to
performing work and shall bear the cost thereof. The Contractor shall schedule the Live
Scan with the Newport Beach Police Department. On the day of the Live Scan, the
worker must obtain an application form from the Newport Beach Police Department
(located at 870 Santa Barbara Drive). Upon completion of the application form, the Live
Page 8 of 16
Scan will be performed. The worker must possess a photo ID (e.g. Driver's License) at
the time of the Live Scan. The Police Department will advise the Contractor and City's
Project Manager whether the worker has passed Live Scan and want/warrant and
records clearance.
Following Council award, the Contractor shall schedule all employees planning to work
within the facility for the Police Department screening process. Obtaining the screening
results may take up to three weeks to process and is the sole responsibly of the
Contractor in managing all employees working at the Police Department.
7-5 PERMITS
Replace this section with "The project is deemed `permit ready' by the City's Building
Division (Plan Check No. 2876-2019). The Contractor shall obtain building permits from
the Building Department prior to starting work and submit any and all deferred
submittals for Building Department review per contract documents. City of Newport
Beach Building Department permit and normal inspection fees shall be waived."
7-7 COOPERATION AND COLLATERAL WORK
City forces will perform all shut downs of water, sewer and storm drain facilities as
required. The Contractor shall provide the City advanced notice a minimum of seven
calendar days prior to the time contractor desires the shutdown these City facilities.
A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will
be allowed. The Contractor will be responsible for completing all water connections
within the time period allowed. The times and dates of any utility to be shut down must
be coordinated with the Engineer. It is the Contractor's responsibility to notify the
affected businesses and residents of the upcoming water shutdown with a form
provided by the Engineer at least 48 hours in advance of the water shut down.
7-8 WORK SITE MAINTENANCE
Add to this Section: "The Contractor shall:
Make every effort to conduct the work in a manner that will not interfere with the
ingress/egress of the Police Station or adjoining Fire Station No. 3.
2. Apply dust controls whenever airborne errant dust is observed.
3. Remove all construction debris from the work site at the end of each work day.
4. Provide restrooms and trash service for the construction personnel.
5. Provide parking lot sweeper service to mechanically and/or manually remove
errant construction debris and dust as directly by the Engineer.
Page 9 of 16
6. Provide reasonable cleaning service as directed by the Engineer to remove dust
and other errant debris that were not controlled during the construction and have
deposited upon the adjoining work areas, building windows, hall ways, meeting
areas, etc.
7. No parking vehicles within the Police Department parking lot immediately
southwest of the Police Department jobsite."
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
Construction materials and equipment may only be stored in streets, roads, or sidewalk
areas if approved by the Engineer in advance. It is the Contractor's responsibility to
obtain an area for the storage of equipment and materials. The Contractor shall
obtain the Engineer's approval of a site for storage of equipment and materials prior to
arranging for or delivering equipment and materials to the site. Prior to move -in, the
Contractor shall take photos of the laydown area. The Contractor shall restore the
laydown area to its pre -construction condition. The Engineer may require new base and
pavement if the pavement condition has been compromised during construction.
Add to this Section: "The Contractor shall:
Make every effort to conduct the work in a manner that will not interfere with the
ingress/egress of the adjoining police activities.
2. Remove all construction debris from the work site at the end of each work day.
3. Provide restrooms and trash service for the construction personnel.
4. Provide sweeper service to mechanically and/or manually remove errant
construction debris and dust as directly by the engineer.
5. Provide reasonable cleaning service as directed by the Engineer to remove dust
and other errant debris that were not controlled during the construction and have
deposited upon the parked vehicles, building windows, adjoining work stations,
etc.
6. Coordinate delivers, staging, work so as not to interrupt daily police activities."
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
The Contractor shall submit a Best Management Practice (BMP) plan for containing any
wastewater or storm water runoff from the project site including, but not limited to the
following:
Page 10 of 16
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City will monitor the
adjacent storm drains and streets for compliance. Failure of the Contractor to follow
BMP will result in immediate cleanup by City and back -charging the Contractor for all
costs plus 15 percent. The Contractor may also receive a separate administrative
citation per Section 14.36.030 of the City's Municipal Code.
7-10 SAFETY
7-10.3 Haul Routes
Haul routes shall be submitted to the Engineer for review and approval.
7-10.4 Safety
7-10.4.1 Work Site Safety
The Contractor shall be solely and completely responsible for conditions of the job site,
including safety of all persons and property during performance of the work. The
Contractor shall fully comply with all state, federal and other laws, rules, regulations,
and orders relating to the safety of the public and workers.
The right of the Engineer or the City's representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site.
7-10.5 Security and Protective Devices
7-10.5.3 Steel Plate Covers
Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards.
In addition, steel plates on asphalt pavement shall be pinned and recessed flush with
existing pavement surface.
SECTION 9 - MEASUREMENT AND PAYMENT
Page 11 of 16
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum bid prices for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 Police Department Locker Room Remodel Base Bid: Work under this
Item shall include all of the costs necessary to complete all of the work shown on the
plans and in the contract documents (Base Bid), complete and in place. The following
is listing of work items that need further itemization on the Schedule of Values to be
submitted to the Engineer upon project award to the low responsible bidder by the
Newport Beach City Council. The cost of all other items of work that are not specifically
listed as required but are customary to be completed as a prerequisite for a fully
functional facility shall have been included in the bid and no additional compensation
shall be made.
• Mobilization and Demobilization: Work under this item shall include, but not
limited to, providing bonds insurance and financing; delivering all required
notification to residents, posting signs; establishing a field office and
construction storage location; scheduling Building Division inspections;
obtaining all applicable permits; finalizing the permits and all the conditions
pertaining to the permits; preparing and updating the BMP Plan and
construction schedule; providing traffic control and temporary construction
fencing surrounding areas subject to construction debris while the Police
Department Headquarters is open; and all other related work as required by
the Contract Documents. This shall also include work to demobilize from the
project site including but not limited to site cleanup, removing USA markings
and providing any required documentation as noted in these Special
Provisions.
• Security Background Screening: All personnel working under this contract
shall be screened by the Newport Beach Police Department per Section 7-
2.5.
• Photographic Records of Building and Site Pre -construction Condition:
Work under this item shall include providing the City labeled unaltered
photographs of the building exterior and interior, parking lot, and fixtures
Page 12 of 16
attached to the building. Photographs shall be provided to the City via 4"x6"
minimum size colored prints and in electronic *.jpg format. Construction
activities shall not start until the photographs have been received and the
Engineer has authorized work to commence.
• Hazardous Waste Management and Removal: Work under this item shall
include managing, removing and disposing all hazardous waste by a State
Certified Abatement Contractor following SCAQMD. All SCAQMD manifests
documenting removal shall be provided to the Engineer under this payment
item. The abatement and removals shall be in accordance to the Asbestos
Operation and Maintenance Program dated April 24, 2017.
• Removals: This work shall include all of the costs needed to remove and
dispose of all of the existing improvements that need to be removed such as
interfering items in order for the new improvements in the Contract Document.
• Project Site Maintenance: This work shall include all of the costs needed to
complete the work listed under Section 7-8 of these Special Provisions.
• Construct New Improvements: This work shall include all of the costs
needed to provide, install, furnish, and construct, all of the new improvements
and items in the Contract Document complete and in place. The cost of all
required building tests as required by the Building Permits shall be made as a
part of the price bid.
• Locker Coordination: This work shall include all of the costs needed for the
contractor to coordinate and cooperate with the locker supplier contractors.
The cost for coordinating locker delivery, unloading, inspecting, protecting
and storing prior to installing.
Item No. 2 FF+E Allowance: The Contractor shall have included in its bid a
$10,000.00 allowance for the procurement, delivery, and installation of the furniture
pieces of wall mounted clocks, televisions, monitors, framed graphic pieces,
decorations, etc. items to be selected by the Engineer during the work.
Item No. 3 Provide As -Built Plans and Closeout Documents: Work under this
item shall include, but not be limited to, all labor, tools, equipment and material costs for
all actions necessary to provide as -built drawings and closeout documents. These
drawings must be kept up to date and submitted to the Engineer for review prior to
request for monthly payments. An amount of $3,000.00 is determined for this bid item.
The intent of this pre-set amount is to emphasize to the Contractor the importance of
as -build drawings.
ADDITIVE BID ITEM
Item No. Al Add Alternative 1: Work under this Item shall include all of the costs
necessary to complete all of the work shown on the plans and in the contract
Page 13 of 16
documents (Add Alternative 1), complete and in place. If added to the Base Bid,
additive bid listing of work items shall itemization on the Schedule of Values to be
submitted to the Engineer upon project award to the low responsible bidder by the
Newport Beach City Council.
The selection of lowest responsible bidder shall be based on the Total Base Bid
amount above. The bid amount entered for the additive bid item below is for the
sole purpose of City information. The City may, during construction, elect to
construct one, all, or none of these additive bid items through Change Order(s).
9-3.2 Partial and Final Payment.
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
Partial payments for mobilization and traffic control shall be made in accordance with
Section 10264 of the California Public Contract Code.
PART 2 - CONSTRUCTION MATERIALS
SECTION 200 — ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General
Crushed Miscellaneous Base (CMB) shall be used as the untreated base material.
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class
Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the
plans.
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch
minimum cover unless shown otherwise on the plans.
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201-7 NON -MASONRY GROUT
201-7.2 Quick Setting Grout
The Contractor shall grout the area between an existing reinforced concrete structure
and the new storm drain pipe with a quick setting grout.
203-6 ASPHALT CONCRETE
203-6.5 Type III Asphalt Concrete Mixtures
Asphalt concrete finish course and leveling course shall be Type III -C3 -PG 64-10 (20%
max RAP). Asphalt concrete base course shall be Type III -B2 -PG 64-10 (20% max
RAP).
SECTION 215 - TRAFFIC SIGNS
Signs shall be standard size per the California MUTCD unless otherwise shown.
Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum
(0.08 -inch thickness).
New sign posts shall be 14 -gauge 2 -inch square (OD) unistrut installed into a 12 -gauge
21/4 inch unistrut (OD) base.
Sign mounting hardware and brackets shall be stainless steel. Unless otherwise
specified, mounting hardware shall be 5/16"-18.
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
All cracks '/4 -inch or greater in width shall be cleaned, have weed kill applied and sealed
with a hot -applied crack sealant approved by the Engineer. In residential areas, no
highway rated equipment or trucks are to be used (e.g. no super trucks). Use truck and
trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The
top layer of asphalt concrete (finish course) shall be placed in a separate lift.
Longitudinal joints between two passes of asphalt concrete shall be along a lane line.
Holes, spalls, and cracks greater than 1/4 -inch in width shall be filled and compacted to
95 percent minimum. The pavement shall then be cleaned with a power broom.
302-5.8 Manholes (and Other Structures)
All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to
pavement cold milling. Upon completion of asphalt concrete finish course, the top of
manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the
smoothness requirement as specified in 302-5.6.2.
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SECTION 310 - PAINTING
310-5 PAINTING VARIOUS SURFACES
310-5.7 A minimum of two coats of paint shall be applied to all exposed surfaces to
match existing per contract documents.
SECTION 314 --- HAZARDOUS WASTE REMOVAL
313-1 General. Asbestos Operation and Maintenance Program
by Healthy Buildings dated April 24, 2017 indicates the presence of asbestos in
floor tile and mastic. Any asbestos shall be removed by a State Certified Hazardous
Waste Abatement Contractor. All disposal manifests documenting removal shall be
provided to the City.
The Contractor shall fully comply with the following ARCHITECT'S TECHNICAL
SPECIFICATIONS (PROJECT MANUAL) which augments, but are not referenced
to, sections of the
Standard Specifications for Public Works Construction.
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