HomeMy WebLinkAboutC-7779-1 - Contract for the Improvement of Public Work Central Library Lighting Control Upgrade0—
CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK
C' CENTRAL LIBRARY LIGHTING CONTROL UPGRADE WITH
U J. KIM ELECTRIC, INC.
THIS CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK ("Contract') is
made and entered into as of this 29th day of January, 2020 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and J. KIM ELECTRIC, INC., a California corporation ("Contractor"), whose
principal place of business is 842 W. Las Palmas Drive, Fullerton, California 92835, 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 provide the work necessary for the
completion of this contract, which consists of: removing and replacing five
(5) existing lighting control panels in two (2) electrical rooms; replacing three
(3) remote control stations in the Central Library; rerouting existing electrical
to keep lighting on during the upgrade; and repairing drywall, paint, or other
restoration work necessitated by the installation, 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 15 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 February 1, 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,
and Designation of Subcontractors, attached hereto as Exhibit A; Proposal, attached
hereto as Exhibit B; Insurance Requirements, attached hereto as Exhibit C; Labor and
Materials Payment Bond attached hereto as Exhibit D; Faithful Performance Bond,
attached hereto as Exhibit E; all Project Permits; the Standard Special Provisions and
Standard Drawings; Plans and Special Provisions for Contract No. 7779-1; 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 15 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 15 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 Five Hundred Dollars and 00/100 ($1,500.00) for each calendar day beyond
the date scheduled for completion.
4. COMPENSATION
4.1. As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of Seventy Three Thousand Five Hundred Dollars and 00/100
J. Kim Electric, Inc. Page 2
($73,500.00), 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
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 Tina Kim 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.
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.
J. Kim Electric, Inc. Page 3
7.4. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Contract, all applicable federal, state and local laws, and legally recognized professional
standards.
7.5. Contractor represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Contract.
7.6. Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
8. CHANGE ORDERS
8.1. This Contract may be amended or modified only by mutual written
agreement of the parties.
8.2. The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
8.3. There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1. City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of the
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
9.2. Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3. To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
J. Kim Electric, Inc. Page 4
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
J. Kim Electric, 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.
J. Kim Electric, Inc. Page 6
15. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
Work, Contractor shall obtain, provide and maintain at its own expense during the term of
this Contract or for other periods as specified in this Contract, policies of insurance of the
type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit C and incorporated herein by reference.
16. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California, not
less than the general prevailing rate of perdiem wages including legal holidays and overtime
Work for each craft or type of workman needed to execute the Work contemplated under
the Contract shall be paid to all workmen employed on the Work to be done according to
the Contract by the Contractor and any subcontractor. In accordance with the California
Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the
general prevailing rate of perdiem wages in the locality in which the Work is to be performed
for each craft, classification, or type of workman or mechanic needed to execute the
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.
J. Kim Electric, Inc. Page 7
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
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.
J. Kim Electric, Inc. Page 8
21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate right
to appeal to the City Manager or designee with respect to such disputed sums. Contractor
shall be entitled to receive interest on any withheld sums at the rate of return that City earned
on its investments during the time period, from the date of withholding of any amounts found
to have been improperly withheld.
22. CONFLICTS OF INTEREST
22.1. Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") 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
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:
J. Kim Electric, Inc. Page 9
Attn: Tina Kim
J. Kim Electric, Inc.
842 W. Las Palmas Drive
Fullerton, CA 92835
24. NOTICE OF CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Contract. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Contract, except those previously made in writing and identified
by Contractor in writing as unsettled at the time of its final request for payment. Contractor
and City expressly agree that in addition to all claims filing requirements set forth in the
Contract and Contract Documents, Contractor shall be required to file any claim Contractor
may have against City in strict conformance with the Government Claims Act (Govt. Code
§§ 900 et seq.).
27.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract
Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute
resolution process set forth therein. Any part of such "Claim" remaining in dispute after
completion of the dispute resolution process provided for in Public Contract Code section
9204 or any successor statute thereto shall be subject to the Government Claims Act
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.
J. Kim Electric, Inc. Page 10
26. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project Site as defined by the Contract
Documents, has become familiar with the local conditions under which the Work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
27. STANDARD PROVISIONS
27.1. Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
27.2. Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
27.3. Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
27.4. Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
27.5. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
27.6. Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
27.7. Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
27.8. Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
27.9. Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
J. Kim Electric, Inc. Page 11
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.
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]
J. Kim Electric, 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 ATTO NEY'S OFFICE
Date: b ?sCD
By: a(i
F,or.Aaron C. Harp VW 4411Q116
City Attorney
ATTEST:
Date: �.14.
i
,f �%,4 �. °wlliu,
Leilani 1. Brown
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: � 23 - ZD w
By. Lf/
David A. Webb
Public Works Director
CONTRACTOR: J. Kim Electric, Inc. a
California corporation
Date:
By: Signed in Counterpart
Jang Ho Kim
President
By: Signed in Counterpart
Mikyung Kim
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
J. Kim Electric, 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 ATT07NEY'S OFFICE
Date: ) / 1 b�2-0
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: A't� By:
F,o(.:Aaron C. Harp LMA 0:ItoIto David A. Webb
City Attorney Public Works Director
ATTEST: CONTRACTOR: J. Kim Electric, Inc.
Date: California corporation
Date: L ��
By: By:
Leilani I. Brown Jang Ho Kim
City Clerk President!
Date: l L
By: / � 'J hM '
Mikyung Kifn
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
J. Kim Electric, Inc. Page 13
EXHIBIT A
REQUEST FOR PROPOSALS/BIDS
J. Kim Electric, 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,
100 Civic Center Drive, Newport Beach, CA 92660
By 10:00 AM on the 7111 day of January, 2019,
at which time such bids shall be opened and read for
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
Contract No. 7779-1
$100,000
Engineer's Estimate
A
James M. Houlihan
uty PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portaliportal.cfm?CompanylD=22078
MANDATORY PRE-BID SITE WALK:
A mandatory job walk will be conducted for this project on December 17, 2019 at 9 AM
at the Central Library located at 1000 Avocado Ave. Newport Beach, CA 92660
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: "C-10"
For further information, call Tom Sandefur, Project Manager at(949)644-3321
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://newportbeachca gov/government/open-transparentlonline services/bids rfps
vendor -registration
City of Newport Beach
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
Contract No. 7779-1
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS......................................................................................
3
BIDDER'S BOND............................................................................................................6
15
DESIGNATION OF SUBCONTRACTOR(S)...................................................................
9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................
9
NON -COLLUSION AFFIDAVIT.....................................................................
13
DESIGNATION OF SURETIES......................................................................
14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD ....................................................
15
ACKNOWLEDGEMENT OF ADDENDA.......................................................................
18
INFORMATION REQUIRED OF BIDDER.....................................................................
19
NOTICE TO SUCCESSFUL BIDDER...........................................................................21
CONTRACT..................................................................................................................
22
LABOR AND MATERIALS PAYMENT BOND .............................................
Exhibit A
FAITHFUL PERFORMANCE BOND...........................................................
Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit
C
PROPOSAL..............................................................................................................
PR -1
SPECIAL PROVISIONS............................................................................................
SP -1
2
City of Newport Beach
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
Contract No. 7779-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.)
The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on
the outside of the envelope containing the documents.
4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the contract. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
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 qualifications of the claimant.
The signature below represents that the above has been review
844894&C10 1 _�
Contractor's License No. & Classification Authorized Signaturerritle
1000003223 & 6/30/2023 1/6/2020
DIR Registration Number & Expiration Date Date
J. Kim Electric, Inc.
Bidder
Bond No.CSBA-12428
City of Newport Beach
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
Contract No. 7779-1
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent of Amount Bid
Dollars ($ 10% ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of CENTRAL
LIBRARY LIGHTING CONTROL UPGRADE, Contract No. 7779-1 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.
s
Witness our hands this 6th day of Januar 2020 , 2M
J. Kim Electric, Inc. <
Name of Contractor (Principal) Authorized Signature/Title
The Ohio Casualty Insurance Company Qon t 6 A2—��
Name of Surety Authorize g ignature
790 The City Drive South, Suite 200
Orange, CA 92868
Address of Surety
(714)937-1400
Telephone
Shaunne Rozelle Ostrom, Attomey-in-Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
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 1 ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
_ Personally Known with Paper Identification
_ Paper Identification
Credible Witness(es)
Capacity(les) claimed by Signer(s):
_ Trustee
Power of Attorney
_ CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other.
(seal)
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
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 Orange 1 ss.
On January 6th , 2020 before me, Melissa Ann Vaccaro ,
Notary Public, personally appeared Shaunna Rozelle Ostrom ,
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. MEussAANNVACCARO
COMM.#2241394 n
:'">�•,; Notary Pu
Notary y
\ ` \QQCG� 4,] �'"..�' ORANGE COUNTY LL
Signature Melissa Ann Vaccaro (seal) My Comm. Expires May 12,2022
8
oLiberty
Mutual.
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein staled.
Bond No. CSBA-12423
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8202806 - 969561
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, Mat
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the °Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Arturo Avala, Daniel Huckabav, Frank Murones R. Nappi Dw'eht Reilly. Shaunna Rozelle Ostrom,Ben Stone,Michael D Stone
eaun Inulwollally if mere us more man one names, Its We aria IaWIui athorney-m-tact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recegnaances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and shamed by the secretary of the Companies in (heir own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer a official of the Companies and the corporate seals of the Companies have been affixed
thereto this 3 tat day of December , 2019 .
liberty Mutual Insurance Company
rNsutNaugqThe Ohio Casualty Insurance Company
1O"+rn�l��P e"PO"sr„�OWestArnerican Insurance Company
9 19 ons 1991 n(goo
v>+F a'Cr� Morx«� an4�w * sM • I•� By:
nwwdM rmN,v n<cmbm cu.w—
State of PENNSYLVANIA
County of MONTGOMERY as
Onthis 31st dayof December , 2019 before me personally appeared David M. Canty, who acknowledged himselfto be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, an—d est American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my more and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
aA 'ASS
Q4,��wa PC uaxBaONWEP1TH tM PENNSYlw1t11A
-
cP
UpperMvbn.TYp., Y,a`kpmary Cowma By:
Teresa Pastels, Notary Public
q1� °�' x(VMw. PNvuyµna Anwuem,a NdaMs
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Dbedy, Mutual
Insurance Company, and West American Insurance Company which resolutions are new in full tome and effect reading as follows:
ARTICLE N—OFFICERS: Section 12. Paver of Attorney.
Any officer a other official of the Corporation authorized for that purpose in writing by the Chairman a the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such atomeysin-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such atorneys41f-fact subject to the limitations set forth in their respective powers of attorney, shall
have NII power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any paver or authority granted to any representative or attomeyin-fact under the
provisions of this article maybe revoked at any time by the Board, the Chairman, the President of by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, mcagnizances and other surety obligations. Such atomeys-in-fact subject to the limitations set forth in Meir respective powers of attorney, shall have NII power to bind the
Company by Meir signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as t
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -m -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Compel Board of Directors, the Company consents that facsimile a mechanically reproduced signature of any assistant secretary of the
Company, whatever appearing upon a certified copy of any power of atomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Canpany do
hereby cerGhy that the original paver of attlemey of which the foregoing is a NII, he and coned copy of the Power of Attorney executed by said Companies, is in NII face and effect and
has not been revoknd.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6th day of January , 2020 .
Pt- INSVq, xY Waq
J dy L JPy «ria
o aP� .� nm r 8°o MrPg4yn
S
1912 c 1919
f. o
Yb�'Pd1MJ=�dD O �e„A YP� w
.qr7 . A Nl . Ftxa
MS -1:973 LMICCCIC WAIC Multi Co 1019
xxsu,P
p F3 oPP°WPe��m /
1991 0 C�,(,��
B ___CCC...
'�mgM'"ai«�Haa y Renee C. Llewellyn, Assistant Secretary
v
m
N
M
City of Newport Beach
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
Contract No. 7778-1
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 Contractors 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 few and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the
Bidders 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.
J. Kim Electric, Inc. President
Bidder Authorized Signature/Title
City of Newport Beach
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
Contract No. 7779-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name J. Kim Electric, 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 $120,000, provide the following information:
No. 1
Project Name/Number
Project Description
Approximate Construction Dates: From 3/15/19 To: 8/23/2019
Agency Name Los Angeles Community College District
Contact Person John Oda Telephone (21 31
891-2285
Original Contract Amount $275,000.00Final Contract Amount $ 275,450.0
If final amount is different from original, please explain (change orders, extra work, etc.)
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
ng Relays
No. 2
Project Name/Number Exterior Lighting Replacement / BYR18-017
Project Description Owner furnished Exterior Lighting Replacement Qty 1,409
Approximate Construction Dates: From 6/11/2018 To: 9/7/2018
Agency Name East Whittier Cit/ School District
Contact Person Dustin Padua, CMIT Telephone (714) 904-6161
Original Contract Amount $98,482.00 Final Contract Amount $_110,108.36
If final amount is different from original, please explain (change orders, extra work, etc.)
Additional owner furnished exterior lighting fixtures installed
Did you file any claims against the Agency? Did the Agency file any claims NO
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 3
Project Name/Number Bldg QQ & RR Lighting Upgrade/C1912
Remove & Install New LED lighting fixtures at Bldg QQ & RR & nLight control program
Project Description at Long Beach City College
Approximate Construction Dates: From 4/4/2019 To; 8/27/2019
Agency Name Long Beach Community College District
Contact Person Kevin Chicots, EIT Telephone (564 977-9054
Original Contract Amount $59,000.00 Final Contract Amount $ 55,850.00
If final amount is different from original, please explain (change orders, extra work, etc.)
Due to deducted change order #1 occurred
Did you file any claims against the Agency? Did the Agency file any claims NO
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
11
No. 4
Project Name/Number Quad & Cafeteria LED Lighting Installation at Riverside City College
Project Description Owner furnished Interior & Exterior LED Lighting Fixture Installation Qty 744
Approximate Construction Dates: From 6/8/2019 To: 8/24/2019
Agency Name Riverside Community College District
Contact Person Mehran Mohtasham
Telephone (951) 222-8813
Original Contract Amount $68,250.00 Final Contract Amount $ 68,250.00
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
No. 5
Project Name/Number Occupancy Sensor Retrofit Santa Ana College/Bid 1362
Project Description Remove & Install New Occupancy Sensor Install campus wide at Santa Ana College
Approximate Construction Dates: From 3/25/2019 To: 7/16/2019
Agency Name Rancho Santiago Community College District
Contact Person Joe Melendez
Telephone (71� 480-7531
Original Contract Amount $109,740.0q inal Contract Amount $ 109,740.00
If final amount is different from original, please explain (change orders, extra work, etc.)
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
Project Description
Approximate Construction Dates: From To:
Agency Name
Contact Person Telephone ( )
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
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.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or onsite 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. - 1
J. Kim Electric, Inc. .-t��-e S I c1Rn'r
Bidder Authorized Signaturw7itle
13
City of Newport Beach
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
Contract No. 7779-1
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of Orange )
Jana Ho Kim being first duly sworn, deposes and says that he or she is
Presi end --of J. Kim Electric. Inc. , the parry making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any menrber or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of the Statpof Calif Ahat the for going is true and correct.
J.Kim Electric, Inc. -- — J
Bidder Authorize Sig ture/Title
2v2o
Subscribed and sworn to (or affirmed) before me on this 06 day of ��N« 201e
byzG't" 47' l I ^I�� ^^ proved to me on the basis of
satisfactory ewe to be the person(4who 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.
-Ze— �
[SEAL]
:.. DAVID MATTHEW ROEL _
COMM. p 2291388 z My Commission Expires: c,- j-3 ?uta
NOTARY PUBLIC - CALIPORNIAE
1a ORANGE COUNTY
My Comm. Expires June 3, 2023
14
City of Newport Beach
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
Contract No. 7779-1
DESIGNATION OF SURETIES
Bidder's name J. Kim Electric, 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):
Name of Surety: The Ohio Casualty Insurance Company
790 The City Drive South, Suite 200 Orange, CA 92868
714-937-1400
Agent: Commercial Surety Bond Agency
1411 N Batavia Street, Suite 201 Orange, CA 92867
Cpntact: Arturo Ayala
IN
City of Newport Beach
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
Contract No. 7779-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name J. Kim Electric, Inc.
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2018
2017
2016
2015
2014
Total
2019
No. of contracts
12
7
5
13
11
21
69
Total dollar
Amount of
Contracts (in
620
545
1,303
1,260
977
920
5,625
Thousands of $
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
0
0
0
0
0
0
0
No. of lost
workday cases
involving
permanent
transfer to
0
0
0
0
0
0
0
another job or
termination of
employment
The information required for these 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 J. Kim Electric Inc
Business Address: 842 W Las Palmas Dr Fullerton, CA 92835
Business Tel. No.: 714-525-1855
State Contractor's License No. and 844894 and C10
Classification:
Title President
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
(,
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
(NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
S0 C�
17
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the
document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document,
State of California )
County of V�^ )� 17 A ( n I I
On (—U�— Iut C' before me, i Jaid
Date11 ere Insert Name and Title of the Offic r
personally appeared :SC Y\, t'r Jif, Ar J Mt
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the erson(s) whose name(s) mare
Su¢scribed to the within Instrument and acknowledged to me that I/s fe/they executed the same In
h Z/ Ahelr authorized capacityges), and that by *Or/their signature(s) on the Instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
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:
Document Date:
Signer(s) Other Than Named Above,
Capacity(les) Claimed by Signer(s)
Signer's Name:
0 Corporate Officer — Title(s):
0 Partner — 0 Limited 0 General
0 Individual ❑ Attorney in Fact
0 Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
0 Corporate Officer — Ttle(s):
0 Partner — 0 Limited 0 General
11 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
ate_ *11 "101,11111090,16 :r� :rr �:.
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.
DAVID MATTHEW ROEL
COMM.#2291388 z
VC NOTARY PUBLIC - CALIFONNIA�
Signature
ORAROE COUNTY
My Comm. Eapirna June 3, 2023
// /SI ure of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above,
Capacity(les) Claimed by Signer(s)
Signer's Name:
0 Corporate Officer — Title(s):
0 Partner — 0 Limited 0 General
0 Individual ❑ Attorney in Fact
0 Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
0 Corporate Officer — Ttle(s):
0 Partner — 0 Limited 0 General
11 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
ate_ *11 "101,11111090,16 :r� :rr �:.
City of Newport Beach
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
Contract No. 7779-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name J. Kim Electric, Inc.
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Signature
01 12/20/2019
lu
City of Newport Beach
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
Contract No. 7779-1
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: Corporation
Business Address: 842 W Las Palmas Dr Fullerton, CA 92835
Telephone and Fax Number: 714-525-1855 & 714-525-5815
California State Contractor's License No, and Class: 844894 & C10
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 8/1/2004 Expiration Date: 8/31/2020
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
Tina Kim/ Project Manager
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
842 W Las Palmas DR 714-525-1855
Jana Ho Kim President Fullerton .A MB39
842 W Las Palmas Dr
Mikyung Kim Secretary Fullerton, CA 92835 714-525-1855
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:
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
J. Kim Electric, Inc.
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
None
Briefly summarize the parties' claims and defenses;
N/A
Have you ever had a contract terminated by the owner/agency? If so, explain.
None
Have you ever failed to complete a project? If so, explain. None
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 compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes / No
`811:
Are any claims or actions unresolved or outstanding? Yes Co
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
Jana Ho Kim
(Print name of Owner or President
of Corn/Co any)
J. Kim Electric, Inc. _..--_
Bidder Authorized Signature(fitle
President
Title
/r/./ L,0 (7
Date
On -U1 o before me .�� -44{ 4J I � �
_ ,Notary Public, personally appeared
�h�`ti- )��� who proved to me on the basis of
satisfacto evidence to be the personal whose nameA is/yt subscribed to the within instrument and
acknowledged to me that he/s,hftK executed the same in hl$tWltheifr authorized capacityfiW, and that
by his/ber/flWsignatureXon the instrument the personf�, 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 my hand and official seal.
.—Met ry Publigin and for said State
My Commission Expires`:�-e , O Z'Z 3
21
DAVID MATTHEW ROEL
COMM. # 2291388 g
(SEAL) 2 s.. NOTARY PUBLIC-CALIFORNIA3
ORANGE COUNTY
My Comm. Expires June 3, 2023
City of Newport Beach
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
Contract No. 7779-1
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract Documents.
Bidders are advised to review their content with bonding, insuring and legal agents prior to
submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required
by the Contract documents and delivered to the Public Works Department within ten (10)
working days after the date shown on the Notification of Award to the successful bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by the
Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the
insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed
will not be issued until all contract documents have been received and approved by the City.
22
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
CONTRA CT NO. 7779-1
DATE: Il�2b�2d�� BY:
ASSISTANT,CITY ENGINEER
TO: ALL PLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the
contract documents — all other conditions shall remain the same.
SPECIFICATIONS
1. 215-1 LIGHTING UPGRADE WORK
215-1.1 Project Scope
REVISE Second bullet point to "Replacing twelve existing remote switches"
Photos of additional switches not included in the pre-bid walk are included
with this addendum. The locations of the switches are:
4 on/off with motion sensor switches in the upstairs study rooms
• 1 on/off switch in downstairs Children's Reading Room
• 1 on/off switch in downstairs Library Foundation office
1 on/off switch in downstairs Passport office
• 1 on/off switch in downstairs Library Support Supervisoroffice
• 1 four button switch at circulation desk
i:\users\pbw\shared\contracts\fyi&20 current\100 - facilitiesftnip\central library lighting c-7770-1 20f02\bidding
docs\addendum 1\addendum no. i.docx
Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid
will be considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
J. Kim Electric, Inc.
Bidder's Name (Please Print)
1/6/2020
Date
President
Authorized & Title
Attachments:
Photo Appendix (Photos of additional switches to be added to the project scope)
ADDENDUM 1, PHOTO APPENDIX 1
UPSTAIRS STUDY ROOM SWITCH WITH MOTION SENSOR (TYPICAL 4
LOCATIONS)
LIGHTS
STARS
CHILDREN'S READING ROOM SWITCH
CIRCULATION DESK SWITCH
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
PROJECT NO. 20F02
CONTRACT NO. C-7779-1
PART 1 - GENERAL PROVISIONS
1
SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1
1-2 TERMS AND DEFINITIONS 1
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.3 Markup
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
5-2 PROTECTION
1
1
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
4
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4
6-1.1 Construction Schedule 4
6-7 TIME OF COMPLETION 5
6-7.1 General 5
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6
6-9 LIQUIDATED DAMAGES 6
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6
7-1 THE CONTRACTOR'S EQUIPMENTAND FACILIITIES 6
7-1.2 Temporary Utility Services 6
7-2 LABOR 7
7-2.2 Prevailing Wages 7
7-7 COOPERATION AND COLLATERAL WORK 7
7-8 WORK SITE MAINTENANCE 7
7-8.4 Storage of Equipment and Materials 7
7-8.4.2 Storage in Public Streets 7
7-10 SAFETY 8
7-10.4 Safety 8
7-10.4.1 Work Site Safety 8
SECTION 9 - MEASUREMENT AND PAYMENT
8
9-2 LUMP SUM WORK
8
9-3 PAYMENT
8
9-3.1 General
8
9-3.2 Partial and Final Payment.
9
PART 2 - CONSTRUCTION MATERIALS
9
SECTION 215 -CENTRAL LIBRARY LIGHTING EQUIPMENT
9
215-1 LIGHTING UPGRADE WORK
9
215-1.1 Project Scope
9
215-1.2 Lighting Upgrade Materials
9
PART 3 - CONSTRUCTION METHODS
10
SECTION 300 - EARTHWORK
10
300-1 CLEARING AND GRUBBING
10
300-1.3 Removal and Disposal of Materials
10
300-1.3.1 General
10
SECTION 601— WORK AREA TRAFFIC CONTROL
10
601-1 GENERAL
10
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
PROJECT NO. 20F02
CONTRACT NO. C-7779-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the City's Design Criteria, Standard Special Provisions
and Standard Drawings for Public Works Construction, (2004 Edition), including
Supplements; (3) Standard Specifications for Public Works Construction (2015 Edition)
including supplements. The City's Design Criteria, Standard Special Provisions and
Standard Drawings for Public Works Construction are available at the following website:
http://www. newportbeachca.gov/governmenVdepartments/public-works/resources
Copies of the Standard Specifications for Public Works Construction may be purchased
online at www.bnibooks.com/products/standard-specifications-public-works-construction
or call 888-BNI BOOK (888-264-2665).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 1 —TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
Page 1 of 10
At the time of the award and until completion of work, the Contractor shall possess a
C-10 license. At the start of work and until completion of work, the Contractor and all
Subcontractors shall possess a valid Business License issued by the City.
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more
stringent requirement as determined by the Engineer shall control.
2-6 WORK TO BE DONE
The work necessary for the completion of this contract consists of removing and
replacing five existing lighting control panels in two electrical rooms; replacing three
remote control stations in the library; rerouting existing electrical to keep lighting on
during the upgrade; repairing drywall, paint or other restoration work necessitated by
the installation.
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates.
3-3.2.3 Markup
3-3.2.3.1 Work by the Contractor
Delete this section and replace with the following: The following percentages shall be
added to the Contractor's costs (prior to any markups) and shall constitute the markup
for all overhead and profit:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
Page 2 of 10
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
applied by the Subcontractor to the actual costs (prior to any markups) and shall
constitute the markup for all overhead and profit. An additional markup of five (5)
percent of the subcontracted actual cost (prior to any markups) may be added by the
Contractor.
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Engineer. The Contractor shall furnish the Engineer with full information as to the
progress of the work in its various parts and shall give the Engineer timely (48 -hours
minimum) notice of the Contractor's readiness for inspection. Submittals are required
for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
The Contractor is responsible for, and shall at his or her expense, pothole all existing
utilities which may be affected by the work to verify points of connection and potential
conflicts. No segment of work shall begin until the contractor has potholed and verified
points of connection and related connection material requirements, and coordinated the
final/existing layout of the laterals/pipeline with the Engineer, including adjustments due
to field conflicts with other utilities or structures above or below ground.
Page 3 of 10
Within seven (7) calendar days after completion of the work or phase of work, the
Contractor shall remove all USA utility markings. Removal by sandblasting is not
allowed. Any surface damaged by the removal effort shall be repaired to its pre -
construction condition or better at the contractor's expense.
5-2 PROTECTION
In the event that an existing pull box, meter box or any other utility box is damaged by
the Work and is not re -useable, the Contractor shall provide and install a new
replacement pull box, meter box or any other utility box of identical type and size at no
additional cost to the City.
SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
No work shall begin until a Notice to Proceed has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval
a minimum of five working days prior to the pre -construction meeting.
The Engineer will review the baseline schedule and may require the Contractor to modify
the schedule to conform to the requirements of the Contract Documents. If work falls
behind the approved baseline schedule, the Contractor shall be prohibited from starting
additional work until Contractor has exerted extra effort to meet the baseline schedule
and has demonstrated the ability to maintain the schedule in the future. Such stoppages
of work shall in no way relieve the Contractor from the overall time of completion
requirement, nor shall it be construed as the basis for payment of extra work because
additional personnel and equipment were required on the job.
Baseline schedule shall include material and equipment procurement times as supported
by information provided by the individual equipment manufacturers or suppliers. Failure of
a supplier to meet their proposed schedule may not necessarily result in an extension of
the baseline schedule. It is the Contractor's responsibility to ensure the availability of
materials for the project.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
Page 4 of 10
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract within fifteen (15)
consecutive working days after the date on the Notice to Proceed. The Contractor shall
ensure the availability and delivery of all material prior to the start of work.
Unavailability of material will not be sufficient reason to grant the Contractor an
extension of time.
The Library lighting system shall not be shut down during construction.
Normal working hours are limited to 7:00 a.m. to 6:00 p.m., Monday through Friday
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., outside of the working hours.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 6:00 p.m. to 7:30
p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working
outside the normal working hours must be made at least 72 hours in advance of the
desired time period. A separate request must be made for each work shift. The
Engineer reserves the right to deny any or all such requests. Additionally, the
Contractor shall pay for supplemental inspection costs of $146 per hour when such time
periods are approved.
For those locations where night work is allowed in order to minimize disruption to the
community, the following requirements shall apply:
A. Night work hours shall be considered to be from 7:00 p.m. to 7:00 a.m.,
Sunday night through Friday morning. No work is allowed Friday or
Saturday nights.
B. The Engineer must approve all requests for night work.
C. The Contractor shall notify the Engineer two weeks prior to the start of any
requested night work.
The following days are designated City holidays and are non -working days:
1. January 1st (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
Page 5 of 10
11. December 26th thru 30th (City Office Closure)
12. December 31 st (New Year's Eve)
If the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full size set of plans to the
Engineer. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications
shall be on the job site at all times. The Contractor shall maintain as -built drawings of all
work as the job progresses. A separate set of drawings shall be maintained for this
purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time
each progress payment is submitted. Any changes to the approved plans that have
been made with approval from the Engineer shall be documented on the as -built plans.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after the time specified in Section 6-7.1 for
completion of the work, the Contractor shall pay to the City or have withheld from
moneys due it, the daily sum of $1,500.
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar day is the minimum value of the costs and
actual damage caused by the failure of the Contractor to complete the Work within the
allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
If the Contractor elects to use City water, Contractor shall arrange for a meter and
tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the
Page 6 of 10
deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a
charge for water usage and any repair charges for damage to the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, dust control, irrigation during
maintenance period for landscaping, etc.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing such water.
7-2 LABOR
7-2.2 Prevailing Wages
In accordance with California Labor Code Section 1720.9, this project is subject to
prevailing wages.
7-7 COOPERATION AND COLLATERAL WORK
The Central Library is open every day so the Contractor shall coordinate every aspect
of the construction to minimize the inconvenience to the public and minimize the impact
to the Library operations.
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
Construction materials and equipment may only be stored in streets, roads, or sidewalk
areas if approved by the Engineer in advance. It is the Contractor's responsibility to
obtain an area for the storage of equipment and materials. The Contractor shall
obtain the Engineer's approval of a site for storage of equipment and materials prior to
arranging for or delivering equipment and materials to the site. Prior to move -in, the
Contractor shall take photos of the laydown area. The Contractor shall restore the
laydown area to its pre -construction condition. The Engineer may require new base
and pavement if the pavement condition has been compromised during construction.
Page 7 of 10
7-10 SAFETY
7-10.4 Safety
7-10.4.1 Work Site Safety
The Contractor shall be solely and completely responsible for conditions of the job site,
including safety of all persons and property during performance of the work. The
Contractor shall fully comply with all state, federal and other laws, rules, regulations,
and orders relating to the safety of the public and workers.
The right of the Engineer or the City's representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site.
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum bid prices for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for providing bonds, insurance and financing,
preparing and updating construction schedules as requested by the Engineer, attending
construction progress meetings as needed, and all other related work as required by
the Contract Documents. This bid item shall also include work to demobilize from the
project site including but not limited to site cleanup, removal of USA markings and
providing any required documentation as noted in these Special Provisions.
Item No. 2 Central Library Lighting Upgrade: Work under this item shall include, but
not be limited to, all labor, tools, equipment and material costs for performing the
lighting rehabilitation work as described in these Specifications.
Page 8 of 10
Item No. 3 Provide As -Built Plans. Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for all actions necessary to
provide as -built drawings. These drawings must be kept up to date and submitted to
the Engineer for review prior to request for payment. An amount of $1,500 is
determined for this bid item. The intent of this pre-set amount is to emphasize to the
Contractor the importance of as -build drawings.
9-3.2 Partial and Final Payment.
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
Partial payments for mobilization and traffic control shall be made in accordance with
Section 10264 of the California Public Contract Code.
PART 2 - CONSTRUCTION MATERIALS
SECTION 215 — CENTRAL LIBRARY LIGHTING EQUIPMENT
215-1 LIGHTING UPGRADE WORK
215-1.1 Project Scope
The lighting upgrade work shall consist of the following items and all other items not
listed required to complete the project:
• Removing and replacing five lighting control panels
• Replacing three existing remote switches
• Providing power to lighting system during upgrade
• Repairing any drywall, paint, or other restoration for damages during installation
215-1.2 Lighting Upgrade Materials
The equipment for the lighting upgrade shall be as follows or an approved substitute:
• Touchplate TMKMD-W5120-XXCP Time Keeper MAX Control Panel, Web
Interface (Estimated Quantity: 1)
• Touchplate CPS -PD -RT Calypso Primve LV Control Board (Estimated Quantity:
5)
• Touchplate WCR-D30L Dual Latching Relay, 25A (Estimated Quantity: 60)
• Touchplate SCB-XF-RT Smart Control Bridge 81NP/80UP (Estimated Quantity:
15)
• Touchplate PNL-TRF40041 Control Transformer (Estimated Quantity: 5)
• Touchplate MYSS1-0404A-WHT-B Mystique Series 4 Button Control (Estimated
Quantity: 21)
Page 9 of 10
Any substitutions shall be as equal and approved by the Engineer prior to equipment
being ordered.
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Removal and disposal of material shall be done by City approved licensed and
Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be
found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and
then selecting the link for Franchised Haulers List.
300-1.3.1 General
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
shall remove any deleterious material from the job site at the end of each workday or as
directed by the Engineer.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention.
The Contractor shall dispose of all excess or waste material and shall include all fees
for such disposal in the appropriate bid items.
SECTION 601 — WORK AREA TRAFFIC CONTROL
601-1 GENERAL
The Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbons, and any other measures deemed necessary by the Engineer to safely direct
the public around areas of construction, and into and out of the affected
establishments.
Page 10 of 10
EXHIBIT B
PROPOSAL
J. Kim Electric, Inc. Page B-1
City of Newport Beach
CENTRAL LIBRARY LIGHTING CONTROL UPGRADE
Contract No. 7779-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has carefupy 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. 7779-1 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:
// 6
Date
714-525-1855 and 714-525-5815
Bidder's Telephone and Fax Numbers
844894 and C10
Bidder's License No(s).
and Classification (s)
1000003223
DIR Registration Number
J. Kim Electric, Inc.
Bidder --.
Bidder's Authorized Signature and Title
842 W Las Palmas Dr Fulleton, CA 92835
Bidder's Address
Bidder's email address: jkimelectric@gmail.com
GT:3
City of Newport Beach
Page 1
Central Library Lighting Control Upgrade (7779-1 ), bidding on January 7, 2020 10.00 AM (Pacific)
Printed 01/07/2020
Bid Results
Bidder Details
Vendor Name J. Kim Electric, In.c
Address 842 W Las Palmas Dr
Fullerton, CA 92835
United Slates
Respondee Tina Kim
Respondee Title Project Manager
Phone 714-525-1855 Ext.
Email jklmeleclric@gmaifcom
Vendor Type DGS,VSBE
License# 844894
CADIR
Bid Detail
Bid Format Electronic
Submitted January 6, 2020 10:10:23 PM (Pacific)
Delivery Method
Bid Responsive
Bid Status Submitted
Confirmation # 198854
Ranking 0
Respondee Comment
Buyer Comment
Attachments
File Title
File Name
File Type
Bid Proposal 8 signed addemdum #1
Bid Proposal signed. pdf
General Attachment
Signed bid bond
Bid Bond.pdf
Bid Bond
Line Items
Type Item Code UOM
qty
Unit Price
Line Total Comment
Section 1
1 Mobilization
LS
1
$4,500.00
$4,500.00 none
2 Central Library Lighting Upgrade
LS
1
$67,500.00
$67,500.00
3 As-Builts
LS
1
$1,500.00
$1,500.00
Subtotal
$73,500.00
Total
$73,500.00
Subcontractors
Name & Address Description
License Num
CADIR
Amount Type
P Lu o;IlAds. Inc..
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 and
volunteers. Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its elected
or appointed officers, agents, officials, employeesand volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with coverage
at least as broad as provided by Insurance Services Office form CG 00 01, in
an amount not less than one million dollars ($1,000,000) per occurrence, two
million dollars ($2,000,000) general aggregate and two million dollars
($2,000,000) completed operations aggregate. The policy shall cover liability
arising from premises, operations, products -completed operations, personal
and advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
J. Kim Electric, Inc. Page C-1
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 and volunteers
or shall specifically allow Contractor or others providing insurance evidence in
compliance with these requirements to waive their right of recovery prior to a
loss. Contractor hereby waives its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each of its
subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials, employees and
volunteers shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to City,
its elected or appointed officers, agents, officials, employees and volunteers.
Any insurance or self-insurance maintained by City shall be excess of
Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
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".
J. Kim Electric, Inc. Page C-2
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.
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
J. Kim Electric, Inc. Page C-3
proceeds in excess of specified minimum limits of insurance and coverage
shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self-insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self-insured
retention, the self-insured retention must be declared to City. City may review
options with Contractor, which may include reduction or elimination of the self-
insured retention, substitution of other coverage, or other solutions.
Contractor agrees to be responsible for payment of any deductibles on their
policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have the
right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option,
be deducted from amounts payable to Contractor or reimbursed by Contractor
upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
I. Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof that
policies of insurance required herein expiring during the term of this Contract
have been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted
prior to expiration. A coverage binder or letter from Contractor's 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.
J. Kim Electric, Inc. Page C-4
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.
J. Kim Electric, Inc. Page C-5
THE FINAL PREMIUM IS
PREDICATED ON THE This bond was issued in two (2)
FINAL CONTRACT AMOUNT original counterparts
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 024237696
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to J. Kim
Electric, Inc. hereinafter designated as the "Principal," a contract for the improvement of
Central Library Lighting Control Upgrade located at 1000 Avocado 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
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,
The Ohio Casualty Insurance Company duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety")
are held and firmly bound unto the City of Newport Beach, in the sum of Seventy Three
Thousand Five Hundred Dollars and 001100 ($73,500.00) 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 far amounts due
under the Unemployment Insurance Code with respect to such work or labor, or for any
amounts required to be deducted, withheld and paid over to the Employment Development
Department from the wages of employees of the Principal and subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code with respect to such work and labor,
then the Surety will pay for the same, in an amount not exceeding the sum specified in this
Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable
attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the
Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as to
give a right of action to them or their assigns in any suit brought upon this Bond, as required
by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the
State of California.
J. Kim Electric, 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 Contract or to the Work to be
performed thereunder shall in anywise 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 namedexecuted 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 21st day of January , 2020
J. Kim Electric, Inc.
Name of Contractor (Principal) Authorized Sign ture/Title
The Ohio Casualty Insurance Company
Name of Surety
790 The City Drive South, Suite 200
Orange, CA 92868
Address of Surety
(714)937-1400
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
M
Aaron C. Harp
City Attorney
Authorized A ignature
Arturo Ayala, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
J. Kim Electric, Inc. Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of )SS.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in hisiher/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 Orange } ss.
On January 21st 2020 before me, Melissa Ann Vaccaro
Notary Public, personally appeared Arturo Ayala
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), anti 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.
WITNES my an and of{IC12I Sa^r8I^^ �' ' ., MELISSA `ANNO COMM. 8224139441394
Nom
�< tary Public -California K
.r a
Signature Melissa Ann ORANGE COUNTYVeCCaro Ho My Comm. Expires May 12, 2022 (seal)
J. Kim Electric, Inc. Page D-3
This Power of Attorney limits the ads of those named herein, and they have no authority to
y bind the Company except in the manner and to the extent herein stated. Bond No. 024237696
L1beY`fy Liberty Mutual Insurance Company
Mu {.um. The Ohio Casualty Insurance Company Certificate No: 8202806 - 969561
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Arturo Ayala, Daniel Huckabay, Frank Morons, R. Nappi, Dwight Reilly, Shatama Rozelle Ostrom, Ben Stong, Michael D. Stong
all of the city of Omnee state of CA each individually if there be more than one named, its We and lawful attorney-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 31st day of December , 2019 .
(a
sW9YPS3�°M or1l° N9o°ursO9xWu1>Ngaqoy'fa°rn a L�ibty^NM�utual Insurance
1 Company
The Ohio Casualty Insurance Comp
any
West American Insurance Company
By:
awwy
ns,dn nn r•.�ra„ e��;�1�„r ce,.rot��, �
`m State of PENNSYLVANIA --
C& County of MONTGOMERY ss m
c
4 On this 31st day of December , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes 00
Ca therein contained by signing on behalf of the corporations by himself as a duly authorized officer. LU
a E
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. c n
0
Q`vyPoxw°rF{ COMMONWEALTH OF PENNSYLVANIA Q't
O ti ��s p NONnel ectal 0,
C
w0.. GF Teresa PastMla, Notary Puw.
N P Upper Mm nTwp.. Montgomery County By:6,21 E
M.mw �Mnm+e�leP+stoaa � Nola'as eresa Pastella, Notary Public 0.. o
m
N N�
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: o
ARTICLE IV — OFFICERS: Section 12. Power of Attorney.
Any officer a other official of the Corporation authorized for that purpose in wrifing by the Chairman a the President, and subject to such limitation as the Chairman or the 'm9
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
c any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitafions set forth in their respective powers of attorney, shall r N
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such � N
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any paver or authority granted to any representative or attomey-in-fact under the,;
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. c
0
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, c?
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attomey, shall have full paver to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, We and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21st day of January , 2020
Y INa(7P \NSUqo°°O++r�4P °aeo++�'9d°(900
� eo mp 3' `Oo rt'1919 a oa 1991 c J�✓i+,��`H+he *N a rygax M1�da By. Renee C. Llewellyn, Assistant Secretary
LMS -12873 LMIC OCIC WAIC Multi Co 12/19
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT AMOUNT
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO. 024237696
FAITHFUL PERFORMANCE BOND
This bond was issued in two (2)
original counterparts
The premium charges on this Bond is $1,838.00 , being
at the rate of $ 25.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to J. Kim
Electric, Inc. hereinafter designated as the "Principal," a contract for the Improvement of
Central Library Lighting Control Upgrade located at 1000 Avocado 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
thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"),
are held and firmly bound unto the City of Newport Beach, in the sum of Seventy Three
Thousand Five Hundred Dollars and 001100 ($73,500.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount of the Contract,
to be paid to the City of Newport Beach, its successors, and assigns; for which payment well
and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well
and truly keep and perform any or all the Work, covenants, conditions, and agreements in
the Contract Documents and any alteration thereof made as therein provided on its part, to
be kept and performed at the time and in the manner therein specified, and in all respects
according to its true intent and meaning, or fails to indemnify, defend, and save harmless
the City of Newport Beach, its officers, employees and agents, as therein stipulated, then,
Surety will faithfully perform the same, in an amount not exceeding the sum specified in this
Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable expenses
and fees, including reasonable attorneys fees, incurred by 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.
J. Kim Electric, Inc. Page E-1
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or to
the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the Project
by the City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under this
Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 21st day of January 2020
J. Kim Electric, Inc.
Name of Contractor (Principal)
The Ohio Casualty Insurance Company
Name of Surety
790 The City Drive South, Suite 200
Orange, CA 92868 Arturo Ayala, Attorney -in -Fact
Address of Surety Print Name and Title
(714)937-1400
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
S't d.-(_,, d -
J. Kim Electric, Inc. Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Orange ) ss.
On January 21 st 2020 before me, Melissa Ann Vaccaro
Notary Public, personally appeared Arturo Avala
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.
WE S my h d and official seal.
,(((�����^ f ELISSA AN NVACCAROV \ R:N
COMM#2241394 �\ \ ` V NC.n.QI� ohry Publico Utitornia LLSignature Melissa Ann VaccaroORANGE COUNTYortico. &piens MaY 122022 (seal)
J. Kim Electric, Inc. Page E-3
i
N
i0
m
19
oLiberty
Mutual.
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein staled.
Bond No. 024237696
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8202806 - 969561
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the Stale of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Arturo Ayala, Daniel Huckaba , Frank Morones, R. Na i, Dwight Reilly, Shawma Rozelle Ostrom, Ben Stong, Michael D. Stong
an or the city of Orange state of CA each individually it there be more than one named, its true and lawful attorney-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and ail undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 31st day of December , 2019 .
Liberty Mutual Insurance Company
SUP tNsp,�The Ohio Casualty Insurance Company
(000
q�r'Pg1VP `gavoq+ 20West American Insurance Company
9pd ��S 1991�d3oez'��yS D Y W°IANP D /AY �I
neeld M r.Pr>v a��t rNal SecrWury
State of PENNSYLVANIA ss
c
31st day of December , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o
ny, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposesamW
i
contained by signing on behalf of the corporations by himself as a duly authorized officer. 0
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, an the day and year first above written.
c n
PAST
0
M
�sP
� oxw F COMMONWEALTH OF PENNSYLVANIA
QV
,MTeresa
Or Y
N�
PId8
ry
Upper Merionl\vp. Manl9omery County By:
OO
N
y.=
My commbsron Ex ire. MerM 25, 2.41
p Teresa Pastella, Notary Public
3 E
O m
-k,�rsvvv4' N
`?
Mamppr. PomiykanuorwGaion oruolmar
oro
Npy Ptd`
w O
This Paver of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
CO
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
o v
ARTICLE IV - OFFICERS: Section 12. Power of Attorney..
-a 0
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
o
any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
r N
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
.. �
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the
M
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
c: c?
0
ARTICLE XIII-Executlon of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surely bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby cedify that the original paver of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21 st day of January , 2020 .
By �G
�0(90
Renee C. Llewellyn, Assistant S
ecretary
LMS -12873 LMIC OCIC WAIL. Multi Co 12119
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. "
Date Received: 1/30/2020 Dept./Contact Received From: Shelby Morgan
Department: Public Works Sent to: Marissa By: Shelby
Company/Person required to have certificate: J. Kim Electric
Type of contract:
Public Works Contract
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/10/2019-5/10/2020
EFFECTIVE/EXPIRATION DATE: 1/1/2020-1/1/2021
A.
INSURANCE COMPANY: Colony Insurance Company
A.
B.
AM BEST RATING (A-: VII or greater): A: XIV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes ❑✓ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1 M occur / $2M agg
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
❑./ Yes ❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
LIM, $2M min for Waste Haulers): What is limits provided? $2M
included?
Yes ❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
❑✓ Yes ❑ No
included): Is it included?
Yes
H.
PRODUCTS AND COMPLETED OPERATIONS (Must
HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
R Yes
include): Is it included? (completed Operations status does
G.
ADDITIONAL INSURED ENDORSEMENT— please attach
not apply to Waste Haulers or Recreation)
❑ N/A ❑✓ Yes ❑ No
1I. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/1/2020-1/1/2021
A.
INSURANCE COMPANY: Truck Insurance Exchange
B.
AM BEST RATING (A-: VII or greater) A XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
❑� Yes
❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
LIM, $2M min for Waste Haulers): What is limits provided? $2M
E.
PRIMARY & NON-CONTRIBUTORY WORDING
ENDORSEMENT - please attach
Yes
❑ No
F.
HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
R Yes
❑ No
G.
ADDITIONAL INSURED ENDORSEMENT— please attach
0 Yes
❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City its
OYes
❑ No
officers, officials, employees and volunteers): Is it included?
I.
SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: ❑✓ N/A
[]Yes
❑ No
III
WORKERS'COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/v2019-10/1/2020
A. INSURANCE COMPANY: State Compensation Insurance Fund
B. AM BEST RATING (A-: VII or greater): not rated
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
ADDITIONAL COVERAGES THAT MAYBE REQUIRED
Q Yes ❑ No
0 Yes ❑ No
$1M
❑✓ Yes ❑ No
❑d N/A [—]Yes ❑ No
❑
PROFESSIONAL LIABILITY
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
❑
POLLUTION LIABILITY
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
❑
BUILDER'S RISK
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
GL: non -admitted carrier approved as a surplus lines carrier
WC: un -rated carrier approved (State Fund)
Approved:
Risk Managem ntnt
2/19/2020
Date