HomeMy WebLinkAboutC-7984-1 - Contract for the Improvement of Public Work - West Newport Sound Wall Panel Replacement ProjectCONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK
WEST NEWPORT PARK SOUND WALL PANEL REPLACEMENT PROJECT
WITH OPTIMA RPM, INC.
THIS CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK("Con
made and entered into as of this 16th day of April, 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 principal place of
business is 17945 Sky Park Circle, Suite D, Irvine, California 92614, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it
is now being conducted under the statutes of the State of California and the
Charter of City.
B. City desires to engage Contractor to perform the work necessary for the
completion of this Contract consisting of: removal and disposal of the
existing deteriorated sound wall polycarbonate panels; measuring, cutting,
fitting, and installing City -furnished new polycarbonate panels along the
North side of West Newport Park fronting East Coast Highway from the
Santa Ana River to approximately Lugonia Avenue, complete and in place,
as more fully described in the Contract Documents ("Project").
C. City has solicited and received a proposal from Contractor and desires to
retain Contractor to render services under the terms and conditions set forth
in this Contract.
D. Contractor has examined the location of all proposed work, carefully
reviewed and evaluated the specifications set forth by City for the Project,
and is familiar with all conditions relevant to the performance of services
and has committed to perform all work required for the price specified in this
Contract over a period of 26 Consecutive days commencing upon issuance
of the "Notice to Proceed".
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Contract shall commence on the Effective Date and shall terminate
on July 31, 2021, unless terminated earlier as provided for herein.
2. SCOPE OF WORK
2.1. Contract Documents. The complete Contract for the Project includes all of
the following documents: Request for Proposals/Bids, Instructions to Bidders, Proposal
.yid Designation of Subcontractors, attached hereto as Exhibit A, Proposal, attached
hereto as Exhibit B; Insurance Requirements, attached hereto as Exhibit C; Labor and
Materials Payment Bond attached hereto as Exhibit D; Faithful Performance Bond,
attached hereto as Exhibit E; all Project Permits; the Standard Special Provisions and
Standard Drawings; Plans and Special Provisions for Contract No. 7984-1; 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"). Exhibits A, B, C, D and E, and all other named
Contract Documents, are incorporated herein by reference. The Contract Documents
comprise the sole agreement between the parties as to the subject matter therein. Any
representations or agreements not specifically contained in the Contract Documents are
null and void. Any amendments must be made in writing, and signed by both parties in
the manner specified in the Contract Documents.
2.2. Scope of Work. Contractor shall perform everything required to be
performed, and shall provide and furnish all the labor, materials, necessary tools,
expendable equipment and all utility and transportation services required for the Project
as identified in the Contract Documents ("Work" or "Services").
2.3. All of the Work to be performed and materials to be furnished shall be in
strict accordance with the provisions of the Contract Documents. Contractor is required
to perform all activities, at no extra cost to City, which are reasonably inferable from the
Contract Documents as being necessary to produce the intended results.
3. TIME OF PERFORMANCE
3.1. Time is of the essence in the performance of Work under this Contract and
Contractor shall complete the Work within 26 Consecutive days from the date of issuance
of the "Notice to Proceed." Failure to complete the Work in the time allotted may result in
termination of the Contract by City and assessment of damages as outlined in Section
3.2.
3.2. The parties agree that it is extremely difficult and impractical to determine
and fix the actual damages that City will sustain should Contractor fail to complete the
Project within the time allowed. Should Contractor fail to complete the Work called for in
this Contract within 26 Consecutive days from the date of issuance of the Notice to
Proceed, Contractor agrees to the deduction of liquidated damages in the sum of One
Thousand Dollars and 00/100 ($1,000.00) for each calendar day beyond the date
scheduled for completion.
4. COMPENSATION
4.1. As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of Eighty Nine Thousand Fifty Dollars and 00/100
($89,050.00), less any money deducted pursuant to Section 3.2. Contractor shall not
receive any additional compensation unless approved in writing in advance by City's
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Project Administrator as defined herein. City shall make full payment to Contractor no
later than thirty (30) calendar days after acceptance of the Work by City.
4.2. This compensation includes:
4.2.1. Any loss or damage arising from the nature of the Work;
4.2.2. Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
4.2.3. Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during the
term of the Contract. Contractor has designated Maykel Hanna to be its Project Manager.
Contractor shall not remove or reassign the Project Manager without the prior written
consent of City. City's approval shall not be unreasonably withheld.
6. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Director
of Public Works, or designee, shall be the Project Administrator and shall have the authority
to act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Contract.
7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
7.1. Contractor shall use only the standard materials and equipment as
described in the Contract Documents in performing Work under this Contract. Any
deviation from the materials or equipment described in the Contract Documents shall not
be utilized unless approved in advance by the Project Administrator.
7.2. Contractor shall comply with the terms and conditions of the Contract
Documents.
7.3. All of the Work shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Contract, and that it will perform all Work in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances.
7.4. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
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impleted Work, Contractor certifies that the Work conforms to the requirements of this
Contract, all applicable federal, state and local laws, and legally recognized professional
standards.
7.5. Contractor represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Contract.
7.6. Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
8. CHANGE ORDERS
8.1. This Contract may be amended or modified only by mutual written
agreement of the parties.
8.2. The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
8.3. There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1. City and its elected or appointed officers, agents, officials, employees and
volunteers and all persons and entities owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services 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 and/or Services by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
9.2. Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
9.3. To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees,
volunteers, and any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services contemplated by this
Agreement (collectively, the "Indemnified Parties") from and against any and all claims
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(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
9.4. Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by Contractor.
9.5. Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
9.6. To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7. Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
9.8. The rights and obligations set forth in this Section shall survive the
termination of this Contract
10. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor
its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are limited
by statute, rule or regulation and the express terms of this Contract. No civil service status
or other right of employment shall accrue to Contractor or its employees. Contractor shall
have the responsibility for and control over the means of performing the Work, provided that
Contractor is in compliance with the terms of this Contract. Anything in this Contract that
may appear to give City the right to direct Contractor as to the details of the performance or
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to exercise a measure of control over Contractor shall mean only that Contractor shall follow
the desires of City with respect to the results of the Work.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work to
be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to ensure
the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and/or designee
informed on a regular basis regarding the status and progress of the Project, activities
performed and planned, and any meetings have been scheduled or are desired.
14. BONDING
14.1. Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit E and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit D and incorporated herein by reference.
14.2. The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide. Property -
Casualty.
14.3. Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
15. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
Work, Contractor shall obtain, provide and maintain at its own expense during the term of
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this Contract or for other periods as specified in this Contract, policies of insurance of the
type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit C and incorporated herein by reference.
16. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California, not
less than the general prevailing rate of per diem wages including legal holidays and overtime
Work for each craft or type of workman needed to execute the Work contemplated under
the Contract shall be paid to all workmen employed on the Work to be done according to
the Contract by the Contractor and any subcontractor. In accordance with the California
Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the
general prevailing rate of perdiem wages in the locality in which the Work is to be performed
for each craft, classification, or type of workman or mechanic needed to execute the
Contract. A copy of said determination is available by calling the prevailing wage hotline
number (415) 703-4774, and requesting one from the Department of Industrial Relations.
The Contractor is required to obtain the wage determinations from the Department of
Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall
be the obligation of the Contractor or any subcontractor under him/her to comply with all
State of California labor laws, rules and regulations and the parties agree that the City shall
not be liable for any violation thereof.
If both the Davis -Bacon Act and State of California prevailing wage laws apply and
the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per
diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive,
Newport Beach, California 92660, and are available to any interested party on request.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the Work to be performed
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or co -tenant if Contractor is a partnership or joint -venture or
syndicate or co -tenancy, which shall result in changing the control of Contractor. Control
means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more
of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project are
identified in the Proposal attached as Exhibit B. Contractor shall be fully responsible to City
for all acts and omissions of any subcontractors. Nothing in this Contract shall create any
contractual relationship between City and subcontractor, nor shall it create any obligation on
the part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
Optima RPM, Inc. Page 7
subcontractor and City. Except as specifically authorized herein the Work to be performed
under this Contract shall not be otherwise assigned, transferred, contracted or
subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
19.1. Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Contract, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
19.2. Documents, including drawings and specifications, prepared by Contractor
pursuant to this Contract, are not intended or represented to be suitable for reuse by City
or others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Contractor
will be at City's sole risk and without liability to Contractor. Further, any and all liability
arising out of changes made to Contractor's deliverables under this Contract by City or
persons other than Contractor is waived against Contractor and City assumes full
responsibility for such changes unless City has given Contractor prior notice and has
received from Contractor written consent for such changes.
20. RECORDS
Contractor shall keep records and invoices in connection with the Work to be
performed under this Contract. Contractor shall maintain complete and accurate records
with respect to the costs incurred under this Contract and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any longer
period required by law, from the date of final payment to Contractor under this Contract. All
such records and invoices shall be clearly identifiable. Contractor shall allow a
representative of City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Contractor shall allow inspection of all Work,
documents, proceedings and activities related to the Contract for a period of three (3) years
from the date of final payment to Contractor under this Contract.
21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate right
to appeal to the City Manager or designee with respect to such disputed sums. Contractor
shall be entitled to receive interest on any withheld sums at the rate of return that City earned
on its investments during the time period, from the date of withholding of any amounts found
to have been improperly withheld.
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22. CONFLICTS OF INTEREST
22.1. Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") 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.
22.2. If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
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.
23. NOTICES
23.1. All notices, demands, requests or approvals to be given under the terms of
this Contract shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the deposit
thereof in the United States mail, postage prepaid, first-class mail, addressed as
hereinafter provided.
23.2. All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Director of Public Works
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
23.3. All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Maykel Hanna
Optima RPM, Inc.
17945 Sky Park Circle, Suite D
Irvine, CA 92614
24. NOTICE OF CLAIMS
24.1 Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Contract. Contractor's
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acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Contract, except those previously made in writing and identified
by Contractor in writing as unsettled at the time of its final request for payment. Contractor
and City expressly agree that in addition to all claims filing requirements set forth in the
Contract and Contract Documents, Contractor shall be required to file any claim Contractor
§§ 900 et seq.).
may have against City in strict conformance with the Government Claims Act (Govt. Code
24.2 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.).
25. TERMINATION
25.1. In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
25.2. Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Contractor has not been previously paid.
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
26. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project Site as defined by the Contract
Documents, has become familiar with the local conditions under which the Work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
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Page 10
27. STANDARD PROVISIONS
27.1. Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
27.2. Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
27.3. Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
27.4. Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
27.5. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
27.6. Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
27.7. Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
27.8. Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
27.9. Controllinq Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
27.10. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
Optima RPM, Inc. Page 11
27.11. No Attorney's Fees. In the event of any dispute or legal action arising under
this Contractor, the prevailing party shall not be entitled to attorneys' fees.
27.12. Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
Optima RPM, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y' OFFICE
Date: S
By: �/Z' — , 'z�"
_AOM -C ar U1M#A1041.1
011�ity Attorne
ATTEST: �� l
Date: 5•
By. k�� IRMw 4e
y
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: MAY 11 2021
By:
Gr c K. Leung
C Manager
CONTRACTOR: Optima RPM, Inc
California corporation
Date:
By: Signed in Counterpart
Mohamed Mamoun
Chief Executive Officer
Date:
Signed in Counterpart
Maykel Hanna
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Request for Proposals/Bids
Exhibit B — Proposal
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
a
Optima RPM, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY' OFFICE
Date: Ez 21
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: 7q;)- By:
n C. ar WAdAjO ll Grace K. Leung
ty Attorne City Manager
ATTEST:
Date:
Leilani I. Brown
City Clerk
CONTRACTOR: Optima RPM, Inc. a
California cororation
Date: L� 0
By: /I
Mohamed Mamoun
Chief Executive Officer
Date: U its kdlual
By:
Maykel Ffanna
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Request for Proposals/Bids
Exhibit B
— Proposal
Exhibit C
— Insurance Requirements
Exhibit D
— Labor and Materials Payment Bond
Exhibit E
— Faithful Performance Bond
Optima RPM, Inc. Page 13
EXHIBIT A
REQUEST FOR PROPOSALS/BIDS
Optima RPM, Inc. Page A-1
` CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
i100 Civic Center Drive, Newport Beach, CA 92660
By 10:10`0 on the 18 day of March, 2021,
at which time such bids shall be opened and read for
CONTRACT NO. 7984.1
$95,000
Engineer's Estimate
Approved by
James M. Houlihan
`v Deputy PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via
Ianetbids.com/ olrtal//t o'rtal,c{m?Com an ID=22078
Hard copy plans are available via
Santa Ana Blue Print at (949)756-1001
Located at 2372 Morse Avenue, Irvine, CA 92614
Contractor License Classification(s) required for this project: "A"
For further information, call Tom Sandefur, Project Manager at (949) 6 r "B
"A" " oo1
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
htt ://new ortbear,hca. ov/ overnment/o en -trans arent/online-services/bids-rf s -
vendor -registration
City of Newport Beach
WEST NEWPORT PARK SOUND WALL PANEL REPLACEMENT PROJECT
CONTRACT NO. 7984-1
INSTRUCTIONS TO BIDDERS
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; Contractorshall contrnn 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 We 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.
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,
3
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.
in accordance witty the: California Labor Code (Sections1770 at s
Relations has ascertained the general prevailing rate of per diem wages n he locality In
ndwhi
at
the work is to be performed for each craft, classification, or
kman or mhanic
io execute the contract. A copy of sa+d
idetermination is a ailable bof ycall ng the prevaili needed
�totline number (41.5) 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
)ncluding, but not limited to; the requirement to
inclusive . A ca pay prevailing wage rales (Sections 1770-7981
_.__ _) _ _py of the prevailing wage rates shall. beposted by the Contractor at the job site
_ _..
9, TheContractor 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 Contract
Code, "Subletting and Subcontractin�_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 genera! partner. For sole
ownership, the signature shall be of the owner,
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied;
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
4
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 qualificafions of the claimant.
The signature below represents that the above has been reviewed.
961714, Class# A,13,CG,C17
Contractor's License No. & Classif[cation
1000013611 & 6/30/2021
DIR Registration Number &Expiration Date
Optima RPM Inc.
Bidder
5
Authorized�ignature/Titie
Date
3/17/2021
City of Newport Beach
WEST NEWPORT PARK SOUND WALL PANEL REPLACEMENT PROJECT
CONTRACT NO. 7984-1
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
Dollars ($ }, to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of West
Newport Park Sound Wall Panel Replacement Project, Contract No. 7984-1 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 day of
2021.
Optima RPM Inc. *** NO BID BOND REQUIRED FOR THIS PROJECT***
Name of Contractor (Principal)
Name of Surety
Address of Surety
telephone
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
R
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
On ss.
Notary Public, personally appeared 2{} before me,
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 sea[.
Signature
(seal)
OPTIONAL INFORMATION
Date of Document
Thumbprint of Signer
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)
C;apacity(ies) claimed by Signer(s): ❑ Check here if
Trustee no thumbprint
Power of Attorney or fingerprint
CEO / CFO / C00 is available.
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
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
0
(seal)
Cily of Newport Beach
P.
CONTRACT NO. 7984-1
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 Stand
Works Construction, as applicable. ardSpecifications for Public
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
E
Authorize Signature/TAIe
City of Newport Beach
WEST NEWPORT PARK SOUND WALL PANEL REPLACEMENT PROJECT
CONTRACT NO. 7984-1
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 2 years in excess of $420,000, provide the following information:
No. 1
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 (94? -724-7408
Original Contract Amount $2-70 , 0 0 (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.
NO
10
No. 2
Project Name/Number Riverside School Adult School
Project Description Interior remodel for Council Board Room
Approximate Construction Dates: From April 2019 To: 1/1/2020
Agency Name Riverside Unified School District
Contact Person Nadia Zeien Telephone (95 788-7496x84704
Original Contract Amount $990, 0 0 ¢ina I Contract Amount $ 9-90,000.00
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
No. 3
Project Name/Number Police Station Gun Range Remodel - #7080-1
Project Description rem:>deli_pq of the Gun RAncip & Associated spa es
Approximate Construction Dates: From 4/2020 To:11/2020
Agency Name CitV of Ne ort Beach
Contact Person Peter Tauscher Telephone (g4? -644-3316
Original Contract Amount $691, 00(�:inal Contract Amount$ 738, 364.00
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? IfryOes, briefly explain and indicate outcome of claims.
11
No. 4
Project Name/Number willow Cam us Restrooms Renovations
Project Description Renovations to Campus Rest rooms Facilities
Approximate Construction Dates: From 3/2019 To: 6/2019
Agency Name Hacienda La Puente Unified School District
Contact Person Mark Hansburg Telephone(62�-543-0928
Original Contract Amount $11 240, CM1Qal 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
No. 5
Project Name/Number MWDOC Administrative Building Rehab Project
Project Description seismic retrofit,ADA Compliance & Tenant Improvement
Approximate Construction Dates: From 11/2020 To: current
Agency Name Municipal Water District of Orange County
Contact Person Chris Lin ad Telephone (71� -593 - 50 09
Original Contract Amount $1, 606 , WAi Contract Amount $ current
If final amount is different from original, please explain (change orders, extra work, etc.)
still current - work in progress
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 JRWSS Calle Agua Restroom Remodel
Project Description remodeling, modif ing a restroom and locker facility
Approximate Construction Dates: From 9 Z2020 To: 11/2020
Agency Name South Coast Water District
Contact Person Joe Sinacori Telephone (941395-4764
Original Contract Amount $106, 09Tinal Contract Amount$ 106, 093 .00
If final amount is different from original, please explain (change orders, extra work, etc.)
none
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 — ' ``— V
Authorize Signature itle
13
7309 Caldus Ave (818) 606-7854
Lake Balboa CA 91406 carlosramonl@Iive.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
initiatives. to comply with regulatory guidelines and work place safety
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 Experie
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 662-404-1468
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 took
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 Sema 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
Accreditallons: CPR American Red Cross, First Aid Red Cross, OSHA 10, Powered
Indoor Truck Operator — Indoor Lift Truck, Scaffold Erector.
City of Newport Beach
WEST NEWPORT PARK SOUND WALL PANEL REPLACEMENT PROJECT
CONTRACT NO. 7984-1
NON -COLLUSION AFFIDAVIT
State of California )
Oran e ) ss.
County of g }
Mayke l Hanna , being first duly sworn, deposes and says that he or she is
Vice Press ent 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 undisdosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
declare under penalty of perjury of the laws of t
he
Optima RPM Inc,
Bidder
State of California that the foregoing is true and correct.
Authorized Si . ature/Title
Subscribed and sworn to (or affirmed) before me on this day of 2021
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
5 U alta +rte +aAi.A e&fMaJ-
Notary Public
My Commission Expires:
CALIFORNIA JURAT WITH AFFIANT STATEMENT
�GOVERNMENT CODE §8202
Fv' e" 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. 7 Signature of Document Signer No. 2 (if any)
A notary public or other officer completing this certificate verifiesonly 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 iL-
III ilk
ELIZAE
EH I. RAM.fIRZ
aE
Notary Public Cr•a
OrangeCou
Commission _ 22292 i6
My Comm. Expires Feb 2'. 2022
Subscribed and sworn to (or affirmed) before me
on this day of , 20_
by Date Month year
(1)MI-11+W U'. .. -
(and (2) t-) I PIlt
Nl of Signe )
proved to me on the basis of satisfactory evidence
to be the �WsenjWh,alappeargd before me.
Signature
Signature
Seal v
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: ��ti, � �� I� � � iDocument Date.-
Number
ate:Number of Pages: Signer(s) Other Than Named Above: _ f
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910
City of Newport Beach
WEST NEWPORT PARK SOUND WALL PANEL REPLACEMENT PROJECT
CONTRACT NO. 7984-1
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):
Surety: United Fire & Casualty Company
P.O-BOX 73909 Cedar Rapids, IA 52407
Contact: Gary Dill (319)399-5700
Agent: The Bond Exchange
Contact: Shawn Blume (951) 217-8637
24800 Chrisanta Drive Suite# 160
Mission Viejo, CA 92691
15
City of Newport Beach
WEST NEWPORT PARK SOUND WALL PANEL REPLACEMENT PROJECT
CONTRACT NO. 7984-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name Optima RPM Inc.
Record Last Five (5) Full Years
Current Year of Record
,Ile
Current
FRecord
Record
FRecord
Record
Record
Year of
for
for
for
for
for
Record
2020
2019
2018
2017
2016
Total
2021
No. of contracts
2
22
25
20
14
13
96
Total dollar
Amount of$1.9M
$10M
$7. 6M
$6.8M
$6M
$7.5M
$39.8
Contracts (in
Thousands of $
No. of fatalities
0
0
0
0
0
0
0
No. of lost
0
0
0
1
1
Workday Cases
0
2
No. of lost
workday cases
involving
0
0
0
0
0
0
0
permanent
transfer to
anotherjob or
termination of
employment
L_ C_
lc
iduon requirea ror inese items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder _Optima RPM Inc.
Business Address: 17945 Sky Park Circle#D Irvine, ca92614
Business Tel. No.: (949) 724-1399
State Contractor's License No. and
Classification: Lic#961714 - # A, B, C6, C17
Title Vice President, Secretary,RMO
The above information was compiled from the records that are available to me at this time
and I declare under penalty of per 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
R
3/17/2021
Vice President, Secret
, 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 cor crate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED
17
CALIFORNIA• • • •
DE § 1189
Ct..�trt!-aC!:�t _acr.!s�.!:C.!�C{:.•_. t.�.�._s�.�s�2�C:�t.a2 z•.2V11C.c�. c�Y':.�•�t �ft�t�:�c�.t. 2�-.�<.�.�2 �.�-.�. s�C a < �2.
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,ln- before me,
Date Here Insert Name and Tit of the O er
personally appeared \ltx/A -:QUW()N
of Signer
who proved to me on the basis of satisfactory evidence to be the person(s) whose name.K is�.ve
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his�r/t dr authorized capacity(jO, and that by his�liwAMir signature*on the instrument the person, #,
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
Notary
i. RAMIREZ WITNESS official 7
iiTiiT Notary Pub1IC- Callformia z r
Orange County >
Commission k 2229216 My Comm. Expires Feb 21, 2022 Signature
Signatu a of otary Pu Iic
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: COii,,Wm xl�►j71;i�_► 1v�� Document Date:
Number of Pages: a Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
corporate Officer — itle(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
D. Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
.L. '. evS'.•/('J '!]A:.�:•- i .•lI•`� '!%:�y 'L6�L 'N tI 'N S�J/ 'Ql 'N -L
City of Newport Beach
CONTRACT NO. 7984-1
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:
18
City of Newport Beach
WEST NEWPORT PARK SOUND WALL PANEL REPLACEMENT PROJECT
CONTRACT NO. 7984-1
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 Ste . # D Irvine, CA 92614
Telephone and Fax Number: P: (949) 724-1399 F: (949) 724-1851
California State Contractor's License No. and Class: Lic# 961714 - #A, B, C6 , C17
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 6 / 3 / 2 011 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
Maykel Hanna -Vice Presidentl7945Sky Park Circle#D Irvine,ca949-529-7949
Mohamed Mamoun-President17945Sky Park Circle#D Irvine,CA 949-529-7948
Corporation organized under the laws of the State of California
19
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;
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 ce (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes / o x
20
Are any claims or actions unresolved or outstanding? Yes 0
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.
Optima RPM Inc.
= M
Maykel Hanna
(Print name of Owner or President
of Corporation/Company)
Authorized TignaturefTitle
Vice President,Secretary,RMO
Title
3/17/2021
Date
On 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 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.
�Scc 04*4NA &Wyoaa h 06J 1PTM4 (SEAL)
Notary Public in and for said State
My Commission Expires:
21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL
CODE
,.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of OM V*3-� )
On takrzArl VILML-411— before me,
Date Here Insert Name and Tit! of the Offl eh
personally appeared �Q�_ t, ?� ;�,�
Nameo of Signe>i)
who proved to me on the basis of satisfactory. evidence to be the person(sf whose nameg isakwl
subscribed to the within instrument and acknowledged to me that he/,~kAy executed the same in
his/her/their authorized capacitVao, and that by hisibe~ signature* on the instrument the persons)',
or the entity upon behalf of which the person(,$)`acted, executed the instrument.
I certify under PENALTY OF PERJURY "under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS n a official se
ELIZABETH I. RAMIREZ
<`Notary Public -California
z - Orange County
Commission: 2229216 Signature
My Comm, Expires Feb 21 2022 Si at f 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_ -.at -a V -<C1. ti �lc►Y11,gn Docume t Date:
Number of Pages: Sig er(s) Ot ter han Named Above:
Capacity(ies) Claimed by Signe (s)
Signer's Name: t
I�orporate Officer - itle(s): r
❑ Partner - ❑ Limited ❑ Generdl
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: .
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
-� .y �1�/�..�- ✓1�:`�G\'iii-•✓
02014•nal Notary Associationwww.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item#5907
City of Newport Beach
WEST NEWPORT PARK SOUND WALL PANEL REPLACEMENT PROJECT
CONTRACT NO. 7984-1
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract Documents.
Bidders are advised to review their content with bonding, insuring and legal agents prior to
submission of bid. Original Certificates) 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 Ratinq 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
EXHIBIT B
PROPOSAL
Optima RPM, Inc. Page B-1
C& of Newport Beach
WEST NEWPORT PARK SOUND WALL PANEL REPLACEMENT PROJECT
CONTRACT NO. 7984-1
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
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. 7984-1 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:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
2.
Lump Sum Traffic Control
@ k-2 Dollars
and
Cents
Per Lump Sum
`
I �- � �
--
265 EA Install New Polycarbonate Sound Wall Panels
IV and
r Cents $ �{4�.0
Per Each
PR -1
TOTAL BASE BID (Items 1 and 2)
$55
TOTAL BASE BID (ITEMS NO. 1 AND 2) PRICE IN WRITTEN WORDS
It -AsDollars IL!,
*
and r^ Cents $ , Q
Total Price (Figures)
Additive Bid Item
3A. Lump Sum Sound Wall System Inspection and Maintenance
c c Dollars
and
-� Cents 3 $ 3Y, bb-C�>
Per Lump Sum
TOTAL PRICE (BASE BID + ITEM NO. 3A) IN WRITTEN WORDS
L141 P LLQ Dollars
and r--^ Cents $jGt 57 e-0
Total Price (Figures)
NOTE:
The received bids will be tabulated separately for the Base Bid and for the Base
Bid + Additive Bid Item No. 3A.
The award of this Contract will first be considered for the Base Bid.
If there is sufficient available funding, the City, at its sole discretion, could consider
awarding the Contract to the bidder that submitted the low bid for the Base Bid +
Additive Item No. 3A Work.
Therefore, all bidders are encouraged to submit their best bids for the Base Bid
and for the Base Bid + Additive Item No. 3A respectively.
3/17/2021
Date
P:949-724-1399 F:949-724-1851
Bidder's Telephone and Fax Numbers
PR -1
Optima RPM Inc.
Bidder
Bidder' Authorized Signature and Title
Bid Results
Bidder Details
Vendor Name
Optima RPM
Address
17945 Sky Park Circle Suite D
Delivery Method
Irvine, California 92614
Bid Responsive
United States
Respondee
MAYKEL HANNA
Respondee Title
VICE PRESIDENT
Phone
949-529-7949
Email
mhanna@optimarpm.com
Vendor Type
CADIR
License #
961714
CADIR
1000013611
Bid Detail
Bid Format
Electronic
Submitted
03/18/2021 8:54 AM (PDT)
Delivery Method
Bid Responsive
Bid Status
Submitted
Confirmation #
246876
Ranking
0
Respondee Comment
Buyer Comment
eBond Contract ID
Attachments
File Title File Name File Type
BID SUBMITTAL C-7984-1 OPTIMA RPM INC.pdf BID SUBMITTAL C-7984-1 OPTIMA RPM INC.pdf General Attachments
Subcontractors
No Subcontractors
Line Items
Item # Item Code Section Type Item Description
UOM
QTY Unit Price
Line Total
Response Comment
I BASE BID Traffic Control
LS
1 $10,000.00
$10,000.00
Yes
2 BASE BID Install New Polycarbonate Sound Wall
FA
265 $170.00
545,050.00
Yes
3 ADDITIVE BID ITEM Sound Wall System Inspection and Maintenance
LS
1 $34,000.00
$34,000.00
Yes
Line Item Subtotals
Section Title
BASE BID
ADDITIVE BID ITEM
Grand Total
Line Total
$55,050.00
$34,000.00
$89,050.00
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
Provision of Insurance. Without limiting Contractor's indemnification of City, and prior
to commencement of Work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Contract, policies of insurance of the type and
amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
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, volunteers,
and any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services contemplated by
this Contract. 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, volunteers, and any person
or entity owning or otherwise in legal control of the property upon which
Contractor performs the Project and/or Services contemplated by this
Contract.
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
Optima RPM, Inc. Page C-1
arising from premises, operations, products -completed operations, personal
and advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this Contract,
including coverage for any owned, hired, non -owned or rented vehicles, in an
amount not less than one million dollars ($1,000,000) combined single limit
for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against City,
its elected or appointed officers, agents, officials, employees, volunteers, and
any person or entity owning or otherwise in legal control of the property upon
which Contractor performs the Project and/or Services contemplated by this
Contract 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, volunteers,
and any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services contemplated by
this Contract 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, volunteers, and
any person or entity owning or otherwise in legal control of the property upon
which Contractor performs the Project and/or Services contemplated by this
Contract. Any insurance or self-insurance maintained by City shall be excess
of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
Optima RPM, Inc. Page C-2
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten (10)
regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its
behalf. At least fifteen (15) days prior to the expiration of any such policy,
evidence of insurance showing that such insurance coverage has been
renewed or extended shall be filed with the City. If such coverage is cancelled
or reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required insurance
policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Contract to change the amounts and types of insurance
required by giving Contractor ninety (90) calendar days advance written notice
of such change. If such change results in substantial additional cost to
Contractor, City and Contractor may renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of
City to request copies of such agreements will not impose any liability on City,
or its employees. Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and Contractor
shall ensure that City is an additional insured on insurance required from
subcontractors. For CGL coverage, subcontractors shall provide coverage
with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
Optima RPM, Inc. Page C-3
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.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof that
Optima RPM, Inc. Page C-4
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
BOND PREMIUM IS INCLUDED IN PERFORMANCE BOND
BOND ISSUED IN TRIPLICATE
EXHIBITD
CITY OF NEWPORT BEACH
BOND NO, 54203498
LABOR: AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Optima
RPM, Inc. hereinafter designated as the "Principal," a contract for the Improvement of
West Newport Park Sound Wall Panel Replacement Project located at East Coast
Highway from the Santa Ana River to Lugonia Avenue, in the City of Newport Beach, in
strict conformity with the Contract on file with the office of the City Cleric 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 Eighty Nine
Thousand Fifty Dollars and 0oMOO {$89,050.00} lawful money of the United States of
America, said sum being equal to 100% of the estimated amount payable by the City of
Newport Beach under the terms of the Contract; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or assigns,.
jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, or for any
amounts required to be deducted, withheld and paid over to the Employment Development
Department from the wages of employees of the Principal and subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code with respect to such work and labor,
then the Surety will pay for the same, in an amount not exceeding the sum specified in this
Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable
attomeys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the
Civil Code of the State of California.
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 of seq. of the Civil Code of the
State of California.
Optima' RPM, Inc. Page D-1
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contractor 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 23rd day of April , 20 21
Optima RPM, Inc
Name of Contractor (Principal)
United Fire & Casualty Company
Name of Surety
Authorized Signature/Title
Authorized
re
P. O. BOX 73909 CEDAR RAPIDS IA 52407 - 3909 Yung T.40ullick, Attorney -in -Fact
Address of Surety Print Name and Title
(319) 399-5700
telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 4{-2V~`�-1
By:
-.AarQ6 C. HarM�
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BEA TTA CHED
Optima RPM, Inc. Page D-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
.A .A <..'� it<�< Ll� A .A _A•.A .A .A .A .A .A .A .A .A A <.A .A .A .A .A .A<.A<.A'. .. C�C.A �C�•.AC.AC.AC.AC�C�C.A .
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 April 26, 2021
Date
before me Elizabeth I. Ramirez, Notary Public
Here Insert Name and Title of the Officer
personally appeared Mohamed Mamoun
Namelof Signe
who proved to me on the basis of satisfactory evidence to be the personXwhose named is/are
subscribed to the within instrument and acknowledged to me that hem/tjer"executed thL same in
his(,4erjageff authorized capacity0es), and that by hi er ignaturjR(5) on the instrument the person
or the entity upon behalf of which the perso0acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is tri is anri i•nrvnn+
WITNESS
ELIZABETH I. RAMfREZ
NotaryPublic-Caliornia Z
Orange County y Signature
Commission # 2229216
W'�My
CommExpires Feb 21, 2022
Place Notary Sea/ 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: Labor and Material Bond
Number of Pages: 2 Signer(s) Other Than
Capacity(ies) Claimed by Signer(s)
S}'�ner's Name: Mohamed Mamoun
V Corporate Officer -- Title(s): LEO
❑ Partner — O Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Optima RPM,Inc.
Document Date: 4/23/2021
Named Above: N/A
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited C7 General
❑ Individual l-1 Attorney in Fact
❑ Trustee I 1 Guardian or Conservator
❑ Other:
Signer Is Representing:
WWS`�. Kll?
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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 Iss.
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 fore -going
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.
State of California
(seal)
County of Iss.
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 D-3
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 APR 2 3 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)
IRENE LUONG
Notary Public-Californla
Z Orange County
z Commission tl 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 foregoingparagraph is true
and correct.
Witness my hand a
Signature
OPTIONAL
Signature/of Notary Public
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)-.—
El
Title(s):❑ Partner ❑ Limited ❑ 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—Title(s): —
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department
UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE
Uf gu(I FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401
INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY
(original on file at Home Office of Conhpany — See Certification)
KNOW ALL PERSONS BY THESE PRESENTS, That Vnnted Fire Casualty Company, a corporation duly organized and existmg.tmder tie laws
of the State of Iowa; United Fire & Indemnity 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 die 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 (awful Attonrey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute inits behalf all lativfQ bonds,':
undertakings and other obligatory hnst>7iments of similar nature provided that no single obligation shall exceed $,15,000,00l
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 die 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 exl ire the6t h day of July, 2022 un'l ess sooner revoked by United Fire & Casualty
Company; United Fite & Indennnity 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 the Boards of
Directors of United Fite & Casualty Company, United Fire & Indemnnity Company, and Financial Pacific Insurance Company.
"Article V1— Surety Bonds and Liudertakings"
Section 2, Appointment of Attorney -in -Pact. "The President or any Vice President, or any other officer of the Companies may, from time to tune, appoint by written
certiticates attoeys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.
The situ
gnatu a of any officer authorized hereby, and 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 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 attorneys -in -fact, subject to the limitations set of
forth in their respective certificates of authority shall have fall 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
previously given to any attomey-ht-fact.
IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its
\I,IIIUI, // ,1111 1 0 111x1
\c INSU" "". vice president and its corporate seal to be hereto affixed this
4Z.. A+a - 1 n 6th da of Jul 2020
? ,COItPoItAIaw CORPORATE ro=='• GULY2 r�•O-:
sS UNITED FIRE & CASUALTY COMPANY
sraL _' se AL,. UNITED FIRE & INDEMNITY COMPANY
a s
''�q„ A11m"°•`` ''�•,BSr,cR iE";•`` y • ''6,,,,q,RRiVt/F�P••"`�.` FINAN(CI
A/)LL PACIFIC INSURANCE COMPANY:.
IRI0,11\ q� V
By:
State of Iowa;; County of Limi, ss: Vice President
On 6th day of July, 2020, before me personally came. Dennis J. Richmann
to me known, w io 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 a Vice President of Financial Pacific Insurance Company the
corporations described in and which executed the above instrument; that lie knows the seal ;of said corporations; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed lursuant 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 deed of said corporations.
OpAAr� Judith A. Jones
Iowa Notarial Seal
Commission number 173041 Notary Public
MyCommisslon Expires 423!2021 My commission expires: 4/23/2021
I, Mary A. Bertsch, Assistant Secretary of 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 die Section of the bylaws and resolutions of said Corporations as set forth ni said Power of Attorney, with the ORIGINALS ON FILE IN THE
HOME OFFICE OF SAID CORPORATIONS, and that die same are correct transcripts thereof, and of the whole of the said originals, and that the said
Power of Attorney has not beein revoked and is now nn full force and effect.
In testimony whrreof I have lieril subscrib d my name and affixed the corporate seal of die said Corporations
tins day of 1 20 Z4.
`p\� 1V?i/q/4 PUNp1V1114q// \P1U11�N ""r//
G�RPORP"'.;vim
4 COaI'EhI TE �, w CORPORATE Q 2 ULY 2p �� p
-SEAL SFAh . r n a @86 - v - �J� V
Assistant Secretary,
RAP79N\��`
,J,,,,,,, 4rOrV"U7 OF&C & OF&I & FPIC
IIPOAO045 122017
This paper has a colored background and void pantograph.
BOND PREMIUM IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE
BOND ISSUED IN TRIPLICATE
CITY OF NEWPORT BEACH
BOND No. 54203498
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $_ 1,670.00 , being
at the rate of $ 18.75 thousand of the Contract price,
WHEREAS, the City of Newport Beach, State of California, has awarded to Optima
RPM, Inc. hereinafter designated as the "Principal," a contract for the Improvement of West
Newport Park Sound Wall Panel Replacement Project located at East Coast Highway from
the Santa Ana River to Lugonia Avenue, 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
thereofrequire 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 Eighty Nine
Thousand Fifty Dollars and 00/100 ($89,050.00) 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 shalt 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 attorney's fees, incurred by the City, only in the event the
City is required to bring an action in law or equity against Surety to enforce the obligations
of this Bond.
atima RPM, Inc.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or to
the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the Project
by the City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under the
Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 23rd day of April , 2021
Optima RPM, Inc
Name of Contractor (Principal)
United Fire & Casualty Company
Name of Surety
4� -
Authorized Signature/Title
Authorized Age Signature
P. O. BOX 73909, CEDAR RAPIDS, IA 52407 - 3909 Yung-"ullick, Attorney -in -Fact
Address of Surety
(319) 399-5700
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 4-- 2-F —2-1
/
By: �
° �AaT,6 n C. Har aMw�VcILI
'City Attorney
Print Name
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Optima RPM, Inc. Page E-2
CALIFORNIA•ACKNOWLEDGMENT CIVIL CODE § 1189
\ n .w . ,w s>N. "t c w .w¢. ¢. .a.'.w'.w s� ..� .w . .w .w s\ . ¢.aa .w .w .w _w .wtw .w K: ¢!a�,t..at�'¢.. s� .. .a¢s�..c�t..�•.w .
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 April 26, 2021 before me, Elizabeth I. Ramirez, Notary Public
Date
Here Insert Name and Title of the Officer
personally appeared Mohamed Mamoun
Name of Signer
who proved to me on the basis of satisfactory evidence to be the person ) whose named is/�e
subscribed to the within instrument and acknowledged to me that he/ / y executed they sam in
his/4of/fir authorized capadj ed) and that by hisl�e l"r signatur on the instrument the person !
orihe entity upon behalf of which the perso,L)Kacted, executed the instrument. �'
ELIZABETH L RAMIREZ z
Notary Public California 7
Orange County
z � Commission # 22�20
My Comm. Expires Fe
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and Correct.
WITN
Signa
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: 4/23/2021
Number of Pages: 2 Signer(s) Other Than Named Above: N/A
Capecity(ies) Claimed by Signer(s)
SW'gner's Name: Mohamed Mamoun
V Corporate Officer — Title(s): CEO
❑ Partner — D Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: optima RPM,Inc.
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited 1-1 General
❑ Individual ❑ Attorney in Fact
❑ Trustee I I Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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 Californ , ia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or otner 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 I S&
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 E- 1 3
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 APR 2 3 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
m person(s), or the entity upon behalf of which the person(s)
UONG acted, executed the instrument.
Notary Public &
r
Zounty I certify under PENALTY OF PERJURY under the laws of
# 2207169
the State of Califor hat the fore oin ara rah is true
es Jul 27, zo2t g g p
and correct.
Witness my han an o icial seal
Signature
Place Notary Seal Above sii_gnar of Notaryublic I ne L ng
OPTIONAL
Though the information below is not required by law, it may prove v luable 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(ies) 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 RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT
❑ Trustee OF SIGNER ❑ Trustee OF SIGNER
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department
W19 UNI'T'ED FIRE & INDEMNITY 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 PRESEN'T'S, That United Fire & Casualty Company, a corporation duly organized and existing under the laws
of the State of>lowa; United Fire &'Indemnity 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 NEFFIRENE LUONG, EMILIE GEORGE, EACH INDIVIDUALLY
their true and Aawfal 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 that no single obligation shall exceed $15, 000, OOo. 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 tine authority hereby given and hereby ratified and confirmed.
The Authority hereby granted shall exl ire the6t h day of `July, 2022 unless sooner revoked by United Fire & Casualty
Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company.
'l.""his 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 Fire & Indemnity Company, and Financial Pacific Insurance Company.
"Article VI — Surety Bonds and Undertakings"
Section 2, Appoinhnent of Attomey-in-Fact. "lire President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written
certificates attotrreys-uT-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory nrstni ents of like native.
'tlre signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attontey 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 attorneys -in -fact, subject to the limitations set of
forth in their respective certificates of authority shall have fall power to bind the Companies by their signature and execution of any such instruments and to attach the seat
[lie 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
previously given to any attorney-in-fact.
IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its
\\,auawnn \aluaww// muRlm,,,,,
,,,Pc`F�PPo X94 vice president and its corporate seal to be hereto affixed this y y
$ a Q : o , a 6th da of July, 2020
ZR C01"RATr IRA
_ ,�� CORPOTEtt
_ UNITED FIRE & CASUALTY COMPANY
SFAL i' SPA�yl, n 1986
L \r ? UNITED FIRE & INDEMNITY COMPANY
%\� '41e, x�y\\�` �'�.'��FOPN: F'� FINANCIAL PACIFIC INSURANCECOMPANYIII AAPIP \\,\ I/I TL'R Yf ,\\ /jf///nom
1111111111\\ I/If//11111111\\ /�/'/ Iry,llllllullll�\``` !/
By:
State of Iowa County of Linn, ss:
Vice President
On 6th day of July, 2020, before me personally came Dennis J. Richmann
to me known,:avino 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 a Vice President of Financial Pacific Insurance Company the
corporations described an and which executed the above instrument; that he knows the 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 lie signed his
name thereto pursmantto like. authority, and acknowledges same to be the act and deed of said corporations.
4,p0e+ Judith A. Jones
�Iowa Notarial Seal
Commission number 173041 Notary Public
My Commission Expires AIM/2021
My commission expires: 4/23/2021
I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of Urnited'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 aiid 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 THE
HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said
Power of Attorney has not been revoked and is now un full force end effect.
In testimou wln reof I have lnereunt subscri d nny name and affixed the corporate seal of the said Corporations
this Y0, day of 10 'LL
Pluun/rpr
SIP
COIrP9RATE � = 4 CORPORATE %!i
SEAT. dC `� r SFAI ^+:
''Ii11j0 RAPIPIP�\�N
,111111„ 111
BPOA0045 122017
PCGOHPBy:Ogq qy/
1980 ybg `JC V
OP�\P r2. Assistant Secretary,
OF&C & OF&I & FPIC
This paper has a colored background and void pantograph.
From:
Reyes, Raymund
To:
Morgan Shelby
Subject:
FW: Compliance Alert -Vendor Number 7984-1
Date:
Monday, May 3, 20218:04:22 AM
-----Original Message -----
From: Customer Service <customerservice(d,ebix.com>
Sent: Friday, April 30, 2021 6:02 PM
To: Reyes, Raymund <rre),es(,(i)iiewportbeachca.guv>; Insurance<insui•ance((i),newportbeachca.gov>
Cc: sagar(a chix.com
Subject: Compliance Alert -Vendor Number 7984-1
�EXTERNA1, I;MAILI DO NOT CLICK links or attachmentS unless you recognize the sender and know the content
is sale.
This Account has moved from non-compliant to COMPLIANT StaluS and is Cn•rently in compliance for certificate
of insurance requirements. 7984-1 Optima RPM; Inc.
Sent by I?bix, designated inSurancc certificate reviewer for the City ol' Newport Beach.