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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 Optima RPM, Inc. Page 2 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 Optima RPM, Inc. Page 3 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 Optima RPM, Inc. Page 4 (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 Optima RPM, Inc. Page 5 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 Optima RPM, Inc. Page 6 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. Optima RPM, Inc. Page 8 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 Optima RPM, Inc. Page 9 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. Optima RPM, Inc. 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.