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C-7817-1 - Community Room Audio Visual System Upgrade
October 27, 2021 VMI, Inc. Attn: John Delmont 211 E. Weddell Dr. Sunnyvale, CA 94089 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAx newportbeachca,gov Subject: Community Room Audio Visual System Upgrade — C-7817-1 Dear Mr. Delmont: On October 27, 2020, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 29, 2020 Reference No. 2020000614468. The Surety for the contract is Philadelphia Indemnity Insurance Company and the bond number is CE00614300024. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT B CITY OF NEWPORT BEACH BOND NO. CE 00614300024 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,675.00 , being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to VMI, INC. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of installing new video wall display and all related wiring and audio-visual equipment; installing structural mounting system for installation of the video wall; and modifying the existing fabric panels for the mounting of the video wall. The contract also includes the acquisition of any required Building Permit and any plans required for the acquisition of the permit, 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 Philadelphia Indemnity 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 One Hundred Twenty Two Thousand Four Hundred Ninety Two Dollars and 21/100 ($122,492.21) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the VMI, Inc. Page t3-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 22 day of June Zp 20 VMI, Inc. (': /1 �'k.��f�. .•✓p......_`-. Name of Contractor (Principal) Aut . horiz& Sign ature/Title Jennifer Dorsa, VP/Secretary Philadelphia Indemnity Insurance Company Name of Surety One Bala Plaza, Ste 100, Bala Cynwyd, PA 19004 Address of Surety (717)540-2833 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney Authorized Agent Sigt1 ture Steven A. Callaway, Attorney-in-fact Print Name and Title 'IbiSIF'!(�q���_r��sl�u-Pll+j�ll�fl} NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED VMI, Inc. Page B 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of _j ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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) VMI Inc:. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r.Tru-nre�iser >�o.�:�s�s�t�ce�c,i�.r,Erestirti�-s,cr.�rsr,�.-�..-c..�eM.�s,�:r.�a,M,r.Fe.Mcs>6rec,sr.� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On - __— _ before me, Oate personally appeared _ _ Here Insert Name and Title o Names ' qOsQLSS -ger(s) I the Officer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. C. P. CARTAGENA NoNry Public • California • Contra costa county £ Commission # 2148759 M Comm. Ex fres May 6, 2020' Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and - official seal. ' Signature ' � ' �� � (f `T i � 1 Signature of otary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form jo an unintended gocumer�t. , Cyt �,-t 1. ��yr !I' -I Description of Attached Decum�nX _ - Title or Type of Document. ' 1 ''IFi) Document Date: Number of Pages: — Signer(s) Other Than Named Above: _ "kr Capacity(ies) Claimed by Signer(s) Signer's Name: 1 Corporate Officer -- Title(s): I I Partner — I.1 Limited I I General IJ Individual ❑ Attorney in Fact 1.1 Trustee I Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: _. U1 Corporate Officer — Title(s): []Partner — I I Limited I.. -:I General Individual f I Attomey in Fact I 1 Trustee Lf Guardian or Conservator ❑ Other: Signer is Representing: .,..':: -: 02014 National Notary Association - www.N;aiiowdNotary.onl , 1 800-(15 No IAlN (1 801) 8/G W12 horn IV)91/ CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 kar�rm���afast�r�o��t��e�3aas��ta��t�Rarro3usa�aru�ae��rsraeer�ol�amr��RarnmsaorRt��wsu A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On 3 . Date personally appeared before me, r`; -�<a4, r / I C Here insert Name and Title of the Officer <1 Nome(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal and/or Stamp Above 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 seat. Signature Signature of Notary Public OPTIONAL ----- ---- Completing this information con deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Docgme t Title or Type of Document. Document Date:_. --Number of Pages:_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: erroittm�rt��sswszttwmst�totarntta7rotiattwwrta±a „ami e�;�r�Mrolenraraitwsalrsrsianti�nie�rntenri:F�rt�ss;+ata,attattur.itor�irl�trost3tta,or,wluio;;aiawrt CO2018 National Notary Association RORY RAUER Notary Public -California Sonia Clara County f My Commission X 2188231 Comm. Expires May 12, 2023 Place Notary Seal and/or Stamp Above 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 seat. Signature Signature of Notary Public OPTIONAL ----- ---- Completing this information con deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Docgme t Title or Type of Document. Document Date:_. --Number of Pages:_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: erroittm�rt��sswszttwmst�totarntta7rotiattwwrta±a „ami e�;�r�Mrolenraraitwsalrsrsianti�nie�rntenri:F�rt�ss;+ata,attattur.itor�irl�trost3tta,or,wluio;;aiawrt CO2018 National Notary Association PH ILA DF.LPIIIA INDEMNITY INSURANCE. COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint 'Ferry Barnet', Steven Andrew Callaway, Barry Link and Michelle Stanwood of Acrisure of California dha Pacific Diversified Insurance Services, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PIIILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Altomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FARTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27'" DAY OF OCTOBER, 2017. (Seal) Hobert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27" day of Oclober, 2017, before me came the individual who executed the preceding instrument, to are personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal ofsaid Coni that the said Corporate Seal and his signature were duly affixed. CUMMON GLlXU4Y NNS V UIMV.L9EPl Notary Nola Public: ,a„e MaM;pyp. MempM1m.acamr AiyCainm E,pM1a.5ep136IDi, Qa residing aG (Notary Seal) My commission expires: Bala Cynwyd. PA __ Member 25. 2021 I, Edward Savage, Corporate Secretary of PI HLADELPHIA INDEMNIFY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27"' day of October, 2017 are boo mhd correct and are still in lid) force and ellect. I do further certify that Robert 12 O'Leary Jr., who executed the Power of Altomey as President, was on the date o1'execu0on of the attached Power of Attorney the duly elected President of PI IILADEIPI IIA INDEMNITY INSURANCE COMPANY - In Testimony Whereof I have Subscribed my name and aflixed the facsimiles( wal ofcach Company this _ 22nd day of 'June In 20 Edward Sayago, Corporate Secretary PHII.ADELPIIIA INDEMNFI'V INSURANCE COMPANY January H, 2021 VMI, Inc. Attn: John Delmont 211 E. Weddell Dr. Sunnvvale, CA 9.1089 Ite() t INb� o'll,,i 11Im", Newp,l Beach, , fld,m 1 1):'rsr>u newp� �rtht,.t< hr,i.,p n, Subject: Community Room ALIlliO Visual Svstem Upgrade -C-7817-1 Dear Mr. Delmont: On October 27, 2020 the City Council of Newport Beach accepted the work For the subject projectand authorized the City Clerk to File a Notice of Completion, to release the Labor & Materials Bond 65 days atter the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one Year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 29, 2020, Reference No. 2020000614468. The Surety for the bond is Philadelphia Indemnity Insurance Company and the bond number is CE 00614:0002-4. Enclosed is the Labor & Materials Pavment Bond. Sincerely, r / ` Lcilani I. Brown, MMC' C'ity Clerk F.nCIOSare EXHIBIT A CITY OF NEWPORT BEACH BOND NO, CE 00614300024 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to VMI, INC. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of installing new video wall display and all related wiring and audio-visual equipment; installing structural mounting system for installation of the video wall; and modifying the existing fabric panels for the mounting of the video wall. The contract also includes the acquisition of any required Building Permit and any plans required for the acquisition of the permit, 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, __ _ Philadelphia Indemnity 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 One Hundred Twenty Two Thousand Four Hundred Ninety Two Dollars and 21/100 ($122,492.21) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. VMI, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 22nd day of June , 2020 VMI, Inc. Name of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety One Bala Plaza, Ste 100, Bala Cynwyd, PA 19004 Address of Surety (717-540-2833 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date By. ---- — Aaron C. Harp, City Attorney r'�1 Authorize . Signature/Title Jennifer Dorsa, VP/Secretary Authorized ggent'Signature Steven A. Callaway Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED VMI, Inc, Page A 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On j ss. 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. nature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) VMI, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :GicM.G�`.cfcl)ciAcXSMi`iY.r�Gf2P.00cS'.c`.l^�Y)c�6�GY'.cY:,f��-^,�s:l',rfc�>:C�'K>c'flc:1".in.cts<.ix:czi:�'tc�h;t..a,r.t.t`C'Et;(, C<Y>C,n:c,Y`.GK`,G�.C�t A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California e I , County of ) On j before me, + Date personally appeared Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. C. P.CARTAGENA Notary Public California Contra Costa County Commission N 2148759 MY Comm. Expires May 6, 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature_______ _ Signature of Notary Public. OPTIONAL ®� Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintpnded document. Description of Attached Document Title or Type of Document: _-;__,_., ___—___ _!__,__ _ Document Date: Number of Pages: Signer(s) Other Than Named Above: ! °__ _ Capacity(les) Claimed by Signer(s) Signer's Name: _ I Corporate Officer -- Title(s): I I Partner -- ' 1 Limited I I General I J Individual 1 J Attorney in Fact C! Trustee 1 1 Guardian or Conservator 17 Other: Signer Is Representing: Signer's Name: _ ❑ Corporate Officer -- Title(s): I I Partner -- I I Limited t7 General I I Individual I 1 Attorney in Fact Trustee I Guardian or Conservator I1 Other: Signer is Representing: --+;t_•;e, z -%C--+< <ti�.•u:`c�.<,uKi.ce+::.)z. �,�t,t;ez�., .ir.:;c< ..�<,.:,e e,4<<f.:`e:t..�,r�.z.t.K <: e_t>+.;�r,t <:t.. -;C Ve., t-:�.c .%.e.<, ... <:r,.�.::_.e;: 02014 National Notary Association - www.NationaiNotary.org • 1 -800 -US NOTARY (1.800-8'76-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE y 1189 +'o��t>xla�;aia�iceiu,rtioswita�mrtastatro;im;nl���rur�;�,wit�wsmuru arot{o��xsw�la�mlalmia�swsa�s�wr,�t��lwtwroir»��raiwataawimw+,;atn�tt�ailnuasa�mtms�rot�a�tt�t A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California l County of On before me, ' Date '' / /• personally appeared Z,'i' Here Insert Name and Title of the Officer Nome(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal andfor Stamp Above 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 Signature of Notary Public 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: ' -1' ___Number of Pages:_= Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer - Title(s): _ ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing:__- :1ttH-0fh`sft5 n11�5-v1G8�tiv 4bf1443?43{x[37{q@tN)IgitJ Ulb7W7+A1W AY{v1437d7!47lM tNtCfi)iP7iWiA1{0);yi0)k){AW)fC1t�. WfiO!$}I}7iGfCti i01{LdfHfN6USb N3$kW;'.NtPi G^HM±Oliy710k MtJlfo)k1�.7 {CitM3gi0}+,Ck'^f'p (02018 National Notary Association RORY 141111 /7 Als•,. Notary Public Cdlilolnia rr Shclla Cldla Cllllllty Conunissio'k 2218211 My COMM. [XPIfB May I1, 2027 Place Notary Seal andfor Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL -- Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: ' -1' ___Number of Pages:_= Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer - Title(s): _ ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing:__- :1ttH-0fh`sft5 n11�5-v1G8�tiv 4bf1443?43{x[37{q@tN)IgitJ Ulb7W7+A1W AY{v1437d7!47lM tNtCfi)iP7iWiA1{0);yi0)k){AW)fC1t�. WfiO!$}I}7iGfCti i01{LdfHfN6USb N3$kW;'.NtPi G^HM±Oliy710k MtJlfo)k1�.7 {CitM3gi0}+,Ck'^f'p (02018 National Notary Association PIIILADELPIIIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALT. PERSONS 13Y "I H17SE PRESENTS: That PIIILADELPIIIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint'rerry Boner, Steven Andrew Callaway, Barry Line and Michelle Stanwood of Acrisure of California elfin Pacific Diversified Insurance Services, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000.0 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'h of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of file Company: ( I ) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the sea] of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the Carte with respect to any bond or undertaking to which it is attached. IN 'rES'I'IMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED 'FIBS INS'YRIIMGNT FO BE SIGNED AND ITS CORPORATE SEAL 170 BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 2701 DAY OF OCl'OBER, 2017 _v -c� if (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 21" day of October, 2017, before me came file individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY, that the seal affixed to said instrument is the Corporate seal ofsaid Company, lhnl the said Corporate Seal and his signature were duly affixed. �`_m i,"aV1M VA xoruzur scA] Nota Public: Notary _lor.zozi` resid ing at: (Notary Soul) My commission expires: Bala Cynwyd A 5efilember252021 -"__ I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDFMNI'IY INSURANCE COMPANY, do hereby certify ]flat the Rtregoing resolution of the Board of Directors and the Power ofAttorney issued pursuant thereto on the 27' day of October, 2017 are True and correct and ore still in full farce and effect. I do further certily that Robert U. O'Leary Jr-, who execated Ore Power of Allomey as President. was on Ilhe dale of execution of the douched Power of Attorney the duly elected President or PfIILADELPIIIA INDEMNITYINSURANC'H COMPANY- In'I'esGinony Whereof 1 hnrve subscribed my nameand nl'fixed the Facsimile seal of each Company Th22nd is _ - day of June 10 20 Edward Sayago, Corporate Secretary PIIILADELPIIIA INDEMNI-I'Y INSURANCE COMPANY Batch 8019613 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 3 of 8 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 111111111111111111[111111IN 111111111111111111111111111111111111111III NO FEE $ R 0 0 1 2 1 8 8 1 1 1 8 2020000614468 8:49 am 10129120 90 Sec2A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and VMI, Inc., Orange, Cal'Ifomia, as Contractor, entered into a Contract on May 12, 2020. Said Contract set forth certain improvements, as follows: Community Room Audio Visual System Upgrade - C-7817-1 Work on said Contract was completed, and was found to be acceptable on October 27. 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Philadelphia Indemnity Insurance Company. Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. { n Executed on O G I V 1/ at Newport Beach, California. m https:Hgs.secure-recording.com/Batch/Confirmation/8019613 10/29/2020 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and VMI, Inc., Orange, California, as Contractor, entered into a Contract on May 12, 2020. Said Contract set forth certain improvements, as follows: Community Room Audio Visual System Upgrade - C-7817-1 Work on said Contract was completed, and was found to be acceptable on October 27, 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Philadelphia Indemnity Insurance Company. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. P,( �J,� �► n Executed on D V (�� /JY/, !/ at Newport Beach, California. MR 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 7t" day of April, 2020, at which time such bids shall be opened and read for COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE Contract No. C-7817-1 $150,000 Engineer's Estimate 11S,xo7�_; Approved James M. Houlihan iuty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 MANDATORY PRE-BID SITE WALK: A mandatory job walk at Civic Center will be conducted for this project on Tuesday, March 17, 2020 at 10:00 a.m., located at the Community Room, 100 Civic Center Dr., Newport Beach, CA 92658 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-7" 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-transparent/online-services/bids rfps vendor -registration C City of Newport Beach COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE Contract No. C-7817-1 TABLE OF CONTENTS NOTICEINVITING BIDS......................................................................................... Cover INSTRUCTIONSTO BIDDERS.......................................................................................3 BIDDER'S BOND.............................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)....................................................................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT...................................................................................................................22 LABOR AND MATERIALS PAYMENT BOND ............................................ Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL............................................................................................................... PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE Contract No. C-7817-1 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, 2,d 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. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has beeTrevi ed. 9q -� C( L V /A,-`�. `Zh ✓� Contractor's License N6. & Classification utho zed SignaturelT e DIR Registration Number & piration Date Date 1/ VIL. Bidder f City of Newport Beach COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE Contract No. C-7817-1 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 total Bid Amount Dollars ($ 10% of total Bid Amount ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE, Contract No. 7817-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this a day of March 2020c�c VMI, Inc., Name of Contractor (Principal) V A thorized Signature/Title Philadelphia Indemnity Insurance Company / Name of Surety C One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004-0950 Address of Surety (717)540-2833 Telephone Signature Attorney-in-fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) See Attached Notary Certificate 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 Count of Ca1•if1E& CAST A }ss. On I1 2A , 20,�Lz before me, Notary Public, personally appeared -r4j C—V_E SA R -c--K. , who proved to me on the basis of satisfactory evidence to be the person(e} whose name(s� is/are subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in qts/her/their authorized capacity(�es), and that by his/her/therr signatures(e) on the instrument the person(s), 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. '�'—'� • • , ASTIKA NAYYAR Notary Public • California Alameda County Q�_r ` Commission # 2299428 `'" My Comm. Expires Jul 29, 2023 S' n ture Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Thumbprint of Signer 71 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 C (2'ice ss. On o c 7,e 2-0 20� before me, "S `� 0.� a✓U 1 �`���"' Notary Public, personally appeared '-f e__ Yl Y) J -e "7) 6-XT"t who proved to me on the basis of satisfactory evidence to be the person(s) whose nam%syWard' subscribed to the within instrument and acknowledged to me that. 4/she/pe,� executed the same in Pig/her/tWr authorized capacity(ies), and that by.Ais`fher/ttaerr signatures(s) on the instrument the person(sy, 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. �xnnnuunuunnuuunumumuuuuunuunuuuuuunnunnnunn■ HIMANSHU WAS WITNESS my hand and official seal. LL NOTAROPMBL#23oAaFORNIA SANTA CLARA COUNTY =_ My Comm. Exp. Aug. 30, 2023 INP, 'jj�unuununununnnunuuuunuunuuuumuunuuuuuuunuuwi Signature ' (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 120 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) PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Terry Baner, Steven Andrew Callaway, Barry Link and Michelle Stanwood of Acrisure of California dba Pacific Diversified Insurance Services, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14s' of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27"" DAY OF OCTOBER, 2017. Lf (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27h day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF N S V NOTARUL SEAL "°`�°n napV.NolaryF°am Notary Public: butt MmbnI Mango:nery Fly Commissbn EXE°pMes SON. 25. .2021 2021 Vgr,Va°WSEpCNIpry OF°0 residing at: (Notary Seal) My commission expires: Bala Cynwyd, PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27'h day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY: 28TH MARCH 20 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 120 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY City of Newport Beach COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE Contract No. C-7817-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. /A(-V,C. l Bidder er thorized Signature le�^ �' V � Cl �J `'1 61-E't we, City of Newport Beach COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE Contract No. C-7817-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name \ FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all roofing construction projects you have worked on (or are currently working on) in the past 5 years in excess of $300,000, provide the following information: No. 1 Project Name/Number Project Description Approximate Construction Dates: From " CJ'" To: T - Agency Name ne w ( 1 AUGContact Person I-' 1�1 vl L� � Telephonecif if � � 7U Original Contract Amount $4CtIj inal Contract Amount $1 L)2" _ If final amount is different from original, please explain (change orders, extra work, etc. T f� 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. W No. 2 Project Name/Numbe Project Description r 1 t�<��I�"t• Approximate Uonstruction Dates: From C� �_To: Agency Name Contact Person ��2 tl L0 W in Telephone Original Contract Amount $( nal Contract Amount $ -A If final amount is different from original, please explain (change orders, extra work, etc .)�\h 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. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name To: Contact Person 'V ' v Telephone �'u) L T Original Contract Amount $LGJO��ina Contract Amount $ Tl�UOU If final amount is different from original, please explain (change orders, extra work, etc.j )(* 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. \ IV V. 11 No. 4 Project Name/Number Project Description Approximate Construc Agency NameS o� hld�j IAS X2 Contact Person Telephone l Z bs Original Contract Amount $y,TYjbFinal Contract Amount $ u) If final amount is different from original, please explain (change orders, extra work, t - 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. �d. No. 5 Project Name/Number Project Description Approximate Construction Agency Name Contact Person From 2- -5 — 92-U �;To: Telephone q$ Original Contract Amount $ZL�Z inal Contract Amount $ "% C�? 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. 12 Ne �. 5 � Y'\ No. 6 D SS Project Name/Number Project Description Approximate Construction Dates: From -Z Agency Namekit., UP1 r IU W) r)4- t+]U������- To Contact Person kvi Q VU�c "1�' Telephone Original Contract Amount $'Final Contract Amount $� 2 �7. Ulm' If final amount is different from original, please explain (change orders, extra work, 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. l Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder uthorized Signat itle 13 City of Newport Beach COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE Contract No. C-7817-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Dkcwoo Jc�i►'1 to "V eing first d I r sworn, de oses and says that he or she is ' of Jac-, the party making the foregoin bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the Sta a of lifo 'a that the foregoi g i true and correct. C�, Bidder uthorized Signat-ure/Tftle Subscribed and sworn to (or affirmed) before me on thisday of i , 2e'I'�_ 2 VU Q , by �C �1 ^� C .�v, proved to me on the basis of satisfactory evidence to be the person( who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ Notary Public GHANSITYAM PATEL �1 [SEAL]- COMM. #2307365 A •o Notary Public • California o z orange County — My Commission Expires: - 2 2 C z 3 M Comm. Expires Oct. 27, 2023 14 City of Newport Beach COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE Contract No. C-7817-1 DESIGNATION OF SURETIES Bidder's name VMI Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Surety ( Bid Bonds/Performance/Payment/Labor-Material Bonds: Philadelphia Indemnity Insurance Company C/O Pacific Diversified Insurance Services 363 Civic Drive, Suite 100, Pleasant Hill, CA 94523 (925) 833-8296 Terry Baner, Attorney-in-fact Y S(t Ct1A�Q- ( I(6 a, VVI'MeAlic, `i �e Ltt'r• / LiG �irr�t! '( f �Jd� F tVt<KLuGU S �GtM�� U 54 15 City of Newport Beach COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE Contract No. C-7817-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name 1l Iq i r .6.11 f 7 Record Last Five (5) Full Years Current Year of Record I he 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 4i<s q L f'.?- LIS L11 IQ(P Total dollar Amount of Contracts (in , 5 � L (;� �( ` � yil� ®Of 6x,0 5 55 >C)a Thousands of $ No. of fatalities. r No. of lost _ Workday Cases No. of lost workday cases involving C) permanent transfer to another job or termination of employment I he 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 �, N Business Address: Ott ��l r tic- �e C �ioy Business Tel. No.: y / 700 ' State Contractor's License No. and qC A54� 1a Classification: �f -7 Title 1ZP 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. SignatG b Signatu,.. 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. jNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 City of Newport Beach COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE Contract No. C-7817-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name u 1q The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: W. City of Newport Beach COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE Contract No. C-7817-1 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: �) "/, k Business Address: Telephone and Fa: California State Contractor's License No. and Class: e1 �3�1 l C (REQUIRED AT TIME OF AWARD) Original Date Issued:i? t q Expiration Date: til / b 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: 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 -P� F �U -7tl -17c& Corporation organized under the laws of the State of �f �• �.; n, 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: �J /A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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; Briefly summarize the parties' claims and defenses; YU 14 Have you ever had a contract terminated by the owner/agency? If so, explain. A-) & A -�; MA, J(L4 a . j / 6 Have youver failed to complete a project? If so, explain. 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 /W we, Are any claims or actions unresolved or outstanding? Yes4N;:) 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. 1 �r�inte Owner r President + ) of Corporation/ ompany) Bidder thori a Signature/Title Title ac Date On before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: 21 (SEAL) 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 SANTA CLARA ) On APRIL 06, 2020 before me, MAULIK ANIL PANDIT NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared _JENNIFER D DORSA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �uuunufunnnnummumnuuummmnuuuumnnnnnmuurnw MAULIK ANIL PANDIT =_ COMM. #2266979 NOTARYNIA SANTA CLARA COUNTYN My Camm, Exp. 8®c. 10, 3022 i�llIIIIIIIIIINIIIIIIIIIIIIIIIIIII{IIIIi lllIIIIIIIIIIIfIIIIIiIIIIIIIIIIIIIIIIIIIIIIIiII � Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document� Description of Attached Document I�u Title or Type of Document: Ct�l't O C'ro� S - Document Date: d Lj_ f 049)L.!940. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual I I Attorney in Fact ❑ Trustee ❑ Guardian or Conservator L Other: Signer Is Representing: 02014 National Notary Association • www. NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE Contract No. C-7817-1 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 Ratinq Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE CONTRACT NO. C-7817-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 12th day of May, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and VMI, INC., a California corporation ("Contractor"), whose address is 211 E. Weddell Dr., Sunnyvale, CA 94089, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of installing new video wall display and all related wiring and audio-visual equipment; installing structural mounting system for installation of the video wall; and modifying the existing fabric panels for the mounting of the video wall. The contract also includes the acquisition of any required Building Permit and any plans required for the acquisition of the permit (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. C-7817-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Twenty Two Thousand Four Hundred Ninety Two Dollars and 21/100 ($122,492.21). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated John Delmont to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to VMI, Inc. Page 2 City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at.- Attention: t: Attention: John Delmont VMI, Inc. 211 E. Weddell Dr. Sunnyvale, CA 94089 VMI, Inc. Page 3 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. VMI, Inc. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. VMI, Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be VMI, Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et 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. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. VMI, Inc. Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. VMI, Inc. Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] VMI, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: S Zo2o By:�/ Z( , � &�� F,,,.Aaron C. Harp o��o City Attorney o1D�C�`� ATTEST: Date: 7.2 - Z016 By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California munici al corporation Date: 7/7- 'Zo Za Will O'Neill Mayor CONTRACTOR: VMI, INC., a California corporation Date: Signed in Counterpart Jacquelyn Dorsa Chief Executive Officer Date: By:_ Signed in Counterpart Jennifer Dorsa Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements VMI, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: g Zo?.o CITY OF NEWPORT BEACH, a California municipal corporation Date: By: By: F,,:Aaron C. Harp yo Will O'Neill City Attorney Co 07 Mayor ATTEST: Date: In Leilani I. Brown City Clerk CONTRACTOR: VMI, INC., a California corporation Date: -6/,/h By:/.p ,��i�- Jacquel ors Chief Executive Officer Date: Co A /-,)b7)6 B nifer orsa Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B – Faithful Performance Bond Exhibit C – Insurance Requirements VMI, Inc. Page 10 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. CE 00614300024 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to VMI, INC. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of installing new video wall display and all related wiring and audio-visual equipment; installing structural mounting system for installation of the video wall; and modifying the existing fabric panels for the mounting of the video wall. The contract also includes the acquisition of any required Building Permit and any plans required for the acquisition of the permit, 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, Philadelphia Indemnity 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 One Hundred Twenty Two Thousand Four Hundred Ninety Two Dollars and 21/100 ($122,492.21) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. II®I�Y�YI�IP p VMI, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 22nd day of June , 2020 VMI, Inc. Name of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety One Bala Plaza, Ste 100, Bala Cynwyd, PA 19004 Address of Surety (717-540-2833 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: -7 /1 /?-07,0 By: 1. 4"'J� ,�-o, -.Aaron C. Harp City Attorney �° A'6thorize Signature/Title Jennifer Dorsa, VP/Secretary Authorized 4 en Signature Steven A. Callaway, Attorney-in-fact Print Name and Title CS et R*W& p,l i �a� � I P'/qtL 4-0w if,�an NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTA CHED VMI, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared , 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) VMI, Inc. Page A-3 CALIFORNIA• •WLEDGMENT CIVIL CODE § 1189 C.•/.c�C..s� .�C_�C.�C_s� .c�, ,�C_c� _.�. •_cam ,.��.ca�C.aC.�s�.'C�C.�C�Cca.� _���_s�.C.c�R.c�.C_c�a'_.�Q.a �C..�R�C�C.�R�C_aC.c�C_c� _c�4_� ..ciC.c� _aCs�C_� _ 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 Count�f Or {Jy U�-/ VI ql— On'j before me, _ Date L�"Ins me an Title of personally appearedAAAAor Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph C. P. CARTAGENA is true and correct. Notary Public - California 411-..;A/ Contra Costa County z WITNESS my ha and of ial seal. Commission #2148759 My Comm. Ex 'res MaX 6, 2020 Signature ��� Signa ur�o Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachme 1 f, Iof t 's fo m a uninqdedfof3ument.. nr�/1�30�lDescription of Attached Documen��'�'I/i� Ir��,pV �� (moi Ui `-I Title or Type of Docu ent: Document Date: �J (/{awl Number of Pages: �' Signer(s) Other Than Named Above: Cgner'sy(ies) Glai t j r� Signer's Name: l\\y ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General CJ�fhdividual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited General ❑ Individual Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Oth S� n r Is Representing: .� .•t�••d •.v4• •v: e�;•�r4`d6•erLv "� •✓ •e' •d 'y4'r� '.•� •r�e"e•4'� -er6'•✓ •trG`� -�4'�r •.•r`'� •r�c�✓, •ems. r�e� '� •a : •� 'd •a�y� •d -� -.r •erGC CALIFORNIA 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 1 County of JRA CSC,;— J} On c/ / �3 ��G'�-a before me, �Cy y �3SUt.-1 � t/ y / V /, `C Date -j-&4"1,L4—Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RORY BAUCR Notary Public - California c ? y Santa Clara County r Commission k 2288231 . My Comrn, Expires May 12, 2023 Place Notary Seal and/or Stamp Above 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 an fficial seal. Signatu . Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docrment Title or Type of Document: ` " � a d Grfr",4 / 1 % - 6"" d Document Date: (�/�� NumberofPages:� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala CynN yd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Terry Baner, Steven Andrew Callaway, Barry Link and Michelle Stanwood of Acrisure of California dba Pacific Diversified Insurance Services, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14`' of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Pact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27 In DAY OF OCTOBER, 2017. 1927 ... a (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27h day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that lie is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY, that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANI NOTARIAL SEAL Morgan Knapp.Nolary Public Lower Merton Twp.. MeNotary Public: ed -MCourtly Aly Ca111"1cn Expires Sap1.25.2021 ,E4B PEvy9riVAXN U11pN Oi MT residing at: (Notary Seal) My commission expires: I I IM�4A P�1 1 rv�wYla� g Iy Bala CvnWd, PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27`h day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY - In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 22nd day of June 20 20 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CITY OF NEWPORT BEACH BOND NO. CE 00614300024 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3.675.00 , being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to VMI, INC. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of installing new video wall display and all related wiring and audio-visual equipment; installing structural mounting system for installation of the video wall; and modifying the existing fabric panels for the mounting of the video wall. The contract also includes the acquisition of any required Building Permit and any plans required for the acquisition of the permit, 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 Philadelphia Indemnity 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 One Hundred Twenty Two Thousand Four Hundred Ninety Two Dollars and 21/100 ($122,492.21) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the • �_ VMI, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 22 day of June 20 20 VMI, Inc. Name of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety One Bala Plaza, Ste 100, Bala Cynwyd, PA 19004 Address of Surety (717)540-2833 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: % /I / Zow thoriz Signature/TltleJennifer Dorsa, VP/Secretary v Authorized Agent ture Steven A. Callaway, Attorney-in-fact Print Name and Title (6tt By.- Aaron YAaron C. Harp 040 City Attorney d° NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED VMI, Inc_ Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) r i VMI, Inc. Page B-3 CALIFORNIA• . . • r+ Ct!aC..�C.�C.�at�t��C�C_c� �%C.mC_s�C.c�C_.�.C�C.saC�G� _� _�C_aC..�C_s�.�C_raC.aC.s�,t..� .�a•�C�C�C_a� _.� _sa .c�C�•_s�C�C_ci .sa _ 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 Caorn a„ > ) Count of K 2, On �Z Abefore me, Date , 1-11 personally appeared Name and Title(of the Officer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ` C. P. ENA Notary Public blit - - CCalifornia -: Contra Costa County Z L Commission # 2148759 My Comm. Expires May 6, 2020 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. t ✓ SignatiVe o�otary Publicwtfl� M—) f ��Tjkk pows-kt Ck �q) 06q, 4 — 0 - /-v Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment off this lfo%m to an unl.tiVnde%WP614- cume t.. n 1, Description of Attached Dgcum n �7 V �-� -�-f'� U / Apk G 7 Title or Type of Docu ent:�q Number of Pages: Signer(s) Other Tha Capacity(ies) Clai d b Si ner Signer's Name: I El Corporate Officer — Title(,, ❑ Partner — ❑ Limited ❑ General J21ndividual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Document D e: ?J, Z n Named Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Gene ❑ Individual ❑ Atto in Fact ❑ Trustee uardian or Conservator ❑ Other: Sign epresenting: ,'✓6'�: '✓ i•d v.•e�: v.'e�e�y�y� "y"6�4��. "y s4'U�.Ae� ' 6'er •ar -d -� •a� •d •erg; U •y •�4'r� -y 'a�4•ri6•ev6'�G'd4'ar.'sr .y .e,• .•r�.y�. CALIFORNIA 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 1 County of `���� �i C Ie, I—x On ( egos G before me, Date � Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal and/or Stamp Above 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 an da Signature Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached 1'.iTitle or Type of Document: v Document Date: Signer(s) Other Than Named Above: -Profol,e ., ce_ R, d Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer – Title(s): ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer – Title(s): ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: w! / RORY BAUER Notary Public - California Santa Clara County r My Commission N 2288231 Comm. Expires May 12, 2023 Place Notary Seal and/or Stamp Above 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 an da Signature Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached 1'.iTitle or Type of Document: v Document Date: Signer(s) Other Than Named Above: -Profol,e ., ce_ R, d Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer – Title(s): ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer – Title(s): ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala CynNyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Terry Baner, Steven Andrew Callaway, Barry Link and Michelle Stanwood of Acrisure of California dba Pacific Diversified Insurance Services, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed 550,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14"' of November, 2016, RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other ATitings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power ofAttorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27T14 DAY OF OCTOBER, 2017. a (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27°i day of October, 2017, before me carne the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY, that the seal affixed to said instrument is the Corporate seal of said Company, that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSY�"Ily NOTARIAL SEAL M FpnKnapp.NotaryPublNotary Public: Lowes Merion Twp..Monloome My Com mission Expires SBPl. 25 51E4B PE VV95lYNINASSOo1.5. Bf residing at: (Notary Seal) My commission expires: _ 1%1(4 Bala Cynwyd, PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27's day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY - In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 22nd day of June 20 20 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an VMI, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten VMI, Inc. Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. 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 VMI, Inc. Page C-3 entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that 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. VMI, 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. VMI, Inc. Page C-5 From: Reyes, Raymund To: Morgan, Shelby Subject: FW: Compliance Alert -Vendor Number 7817-2 Date: Thursday, June 11, 2020 10:22:27 AM Raymund Reyes I Administrative Analyst Public Works Department I City of Newport Beach 100 Civic Center Drive, Bay D, 2nd Floor Newport Beach, CA 92660 949-644-3325 1 rreyesCanewportbeachca.gov -----Original Message ----- From: Customer Service <customerservice,webix.com> Sent: Tuesday, June 09, 2020 4:51 PM To: Reyes, Raymund <rreyesCdnewportbeachca.gov>, Insurance <insurance(wnewportbeaehca.gov> Cc: sagar(4.ebix.com Subject: Compliance Alert -Vendor Number 7817-2 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 7817-2 VMI, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach. City of Newport Beach COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE Contract No. C-7817-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7817-1 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: � - G - Z- Z:) -�- -U Date -7(q- i 3 __ AVS Bidder's Telephone and Fax Numbers ' 1 ZL -- Bidder's Licens No(s). and Classification (s) 0co ZgL9 !K DIR Registration Number Bidder's email address: PR -1 Fidderts Authoriz6d"'Signature and Title Bidder's Addr, ss Bidder's - e, c-4 City of Newport Beach Page 1 Community Room Audio Visual System Upgrade (7817-1); bidding on April 7; 2020 10:00 AM (Pacific) Prnted 04/07/2020 Bid Results Bidder Details Vendor Name VMI Inc Address 11258 Monarch Street Unit A Garden Grove, CA 92841 United States Respondee John Delmont Respondee Title Acct Manager Phone 714-883-7889 Ext. Email jdelmont@vmivideo.com Vendor Type DGS,CADIR,VSBE License # 995912 CADIR 1000024698 Bid Detail Bid Format Electronic Submitted April 6, 2020 11:41:53 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 207274 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General Attachments Newport Beach Master Doc 1A.pdf General Attachment Bid Bond Newport Beach Master Doc 2—Bid Bond.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization LS 1 $5,550.00 $5,550.00 2 Community Room Audio Visual System Upgrade LS 1 $115,942.21 $115.942.21 3 As -Built Plans LS 1 $1,000.00 $1,000.00 Subtotal $122,492.21 Total $122,492.21 Subcontractors Name & Address Description License Num CADIR Amount Type VIDIFLO, LLC Install & programming 912010 1000048912 $10,600.00 5318 E 2nd St No 576 Long Beach, CA 90803 United States City of Newport Beach Community Room Audio Visual System Upgrade (7817-1), bidding on April 7, 2020 10:00 AM (Pacific) Bid Results Name & Address Electro Systems 16932 GOTHARD STREET, UNIT I Huntintton Beach, CA 92647 United States Preferred Ceilings 475 CAPRICORN STREET Brea, CA 92821 United States Page 2 Prnted 04/07/2020 Description License Num CADIR Amount Type Electrical Contractor 522049 1000027880 $5,265.00 Panel and Fabric 705630 1000001964 $13,095 00 John Delmont 11258 Monarch St. Unit A Garden Grove, V ` 714-894-6100 CA 92841 FAX 714-894-6110 Idelmont vmivideo.com www.vmivideo.com Bill to: City of Newport Beach Accts. Payable PO Box 1768 Newport Beach, CA 92660-3267 949-644-3321 . _ Page 1 of 2 RMC3 Date: 4/6/2020 Quote: Valid Until: Controller Availability: TBD ARO RFQ #: TSW-760-NC-B- Project Name: $824.00 CA Reseller # SRYGH102-543530 VMI Fed Tax # 94-2395703 CA License # 995912 Ship to: City of Newport Beach/ Community Cent 1 Crestron Tom Sandefur (6507947) Universal Mounting Bracket 100 Civic Center Dr. $25.00 Newport Beach, CA 92658 Crestron-APP-PAD CA TAX ID # 760258 Small Business # 1130920 Woman Owned Tax I Terms Drop Ship I Ship Via I FOB I Required By IPO # YES I Net 30 YES I Best Wav I Origin 1 Crestron RMC3 (6505761) 3 Series Room Media $588.00 $588.00 Controller 1 Crestron TSW-760-NC-B- (6510436) 7" Touch Screen w/out $824.00 $824.00 S camera, mic, or pinpoint/ Black 1 Crestron TSW-UMB-60 (6507947) Universal Mounting Bracket $25.00 $25.00 1 Crestron Crestron-APP-PAD Crestron App for iPad (download) $110.00 $110.00 5 Crestron DM-TX-4KZ-100- (6505629) Wall Plate 4K Digital Media $588.00 $2,940.00 C -1G -B -T 8G+ Transmitter/ Black 4 Crestron DM -RMC -4K-100- (6505627) Wall Plate 4K Digital Media $415.00 $1,660.00 C -113-13-T 8G+ Receiver/ Black 1 Crestron DM-RMC-4KZ- (6508076) Digital Media 8G+ 41<60, $1,060.00 $1,060.00 Scaler -C 4:4:4, HDRReceiver/ Room Controller w/ Scaler 1 DMC-4KZ-HD-DSP DMC-4KZ-HD-DSP (6508071) HDMI 4K60, 4:4:4, HDR $588.00 $588.00 Input Card w/ Down Mixing 5 Creston DMC-4KZ-C-DSP (6508073) Digital Media 8G+ 4K60, $765.00 $3,825.00 4:4:4, HDR Input Card 3 Crestron DMC-4KZ-CO-HD (6508074) 2 -Channel DigitalMedia $765.00 $2,295.00 8G+, 4:4:4, HDR Output Card 1 Crestron DM-PSU-16-PLUS (6509493) 16 Port PoDM+Power Supp $1,030.00 $1,030.00 1 Crestron FT2-700-MECH- (6510769) Flip Top FT2 Series Box $345.00 $345.00 AC--B-Kit 1 Crestron FT2A-CBL-PT- (6508397) Pass -Through Cable $78.00 $78.00 4K -HD 1 Ubiuity Networks UAP -AC -LR -US Unifi Ap-AC Wireless Access Point $110.00 $110.00 Accepted By: Comments: Title: Date: PO Number: VMI, Inc. John Delmont Page2of 2 11258 Monarch St. Date: 4/6/2020 Unit A Vml Garden Grove, CA 92841 M1 714-894-6100 =•':Q-UC„s- AN; FAX 714-894-6110 F --51010”` 1 '- idelmont(a)vmivideo.com City of Newport Beach Ship to: City of Newport Beach/ Community Cent Accts. Payable Tom Sandefur Tax Terms Drop S ip Ship Via FOB Required By PO # YES Net 30 YES Best Way Oriain Qty Manufacturer Item Description Unit Price Total —11 1 Apple iPad 32Gb iPad 32Gb Wifi, Slate Grey $410.00 $410.00 1 Netgear GS116PP 16 Port Gigabit Ethernet Unmanaged $265.00 $265.00 $1,975.00 $1,975.00 POE Switch and Video System. 1 Mersive SP -8000-E1 Solstice POD G3Wireless $1,155.00 $1,155.00 Programming Presentation System 1 VMI 1 Mersive SP -8301-E Power Supply Unit $22.00 $22.00 1 Middle Atlantic U1V 1 R Vented Shelf $34.00 $34.00 7 Extron 60-804-01 ASA 141 Passive Audio Summing $42.00 $294.00 $5,265.00 Adapter 2 Symetrix 80-0149 Radius NX 12x8 AEC -2,12 x 8 Audio $3,457.00 $6,914.00 for 3 fourplex AC loactions behind Digital SignalProcessor 1 Symetrix 80-0065 2 Line VoIP Interface Card $50.00 $50.00 10 Samsung UH55F-E 55" Video Wall Display, 700 Nit $2,635.00 $26,350.00 9 Premier Mounts LMVS Low Profile, Video Wall Mount with $370.00 $3,330.00 pop out extention for Servicing 1 Middle Atlantic UPS150OR Uniterruptible Power Supply $676.00 $676.00 10 State Recycle Fee State Display Recycle Fee $6.00 $60.00 1 VMI IL Installation Labor for Panel Work; $13,095.00 $13,095.00 Remove existing fabric and insulation. Add 1" Plwood backing. Reinstall Fabr 1 VMI IL Labor to Install, align, and test 3x3 $11,600.00 $11,600.00 video wall 1 VMI IM Cables and Mateials for Video Wall $1,975.00 $1,975.00 VMI IL Labor to install Crestron and Video $7,000.00 $7,000.00 $115,942.21 System. Includes wire pulls and installtion into floor pockets 1 VMI IM Cables and Mateials for Crestron $1,975.00 $1,975.00 and Video System. 1 VMI IL Labor for Symetrix Audio DSP $2,400.00 $2,400.00 Programming 1 VMI IL Crestron and GUI Control System $5,665.00 $5,665.00 Programming 1 VMI IL Field System Commisioning $2,535.00 $2,535.00 1 VMI IL Labor for Electrical work on 3x3 $5,265.00 $5,265.00 Video wall; obtain no cost job permit, install conduit, wire, circuit breakers for 3 fourplex AC loactions behind the displays. 1 VMI Lift Rental Two Man Lift Rental/ 2 Days $1,600.00 $1,600.00 1 VMI PM Project Management $800.00 $800.00 1 VMI Shipping Standard Ground Shipping $1,500.00 $1,500.00 subtotal $110,448.00 7.750% tax $5,494.21 Total $115,942.21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT p0 T r /FORN P ADDENDUM NO. 1 COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE CONTRACT NO. 7817-1 DATE:9 Zv BY: V., ( - I 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. BIDDER'S BOND: Please use attached updated bidder's bond sheets, as the original ones listed the incorrect project. Bidders must sign this Addendum No. 1 and attach it to the bid proposal A bid may be deemed unresponsive unless this signed Addendum No. 1 is attached (See page two for signatures) I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) Date Authorized Signature & Title Attachments: Bidder's Bond CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE PROJECT NO. 19F02 CONTRACT NO. C-7817-1 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 5-2 PROTECTION 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6-1.1 Construction Schedule 3 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5 6-8.3 Warranty 5 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6 7-1.2 Temporary Utility Services 6 7-2 LABOR 6 7-2.2 Prevailing Wages 6 7-5 PERMITS 6 7-7 COOPERATION AND COLLATERAL WORK 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets 7-10 SAFETY 7-10.4 Safety 7-10.4.1 Work Site Safety 7 7 7 7 7 7 7 SECTION 9 - MEASUREMENT AND PAYMENT 7 9-2 LUMP SUM WORK 7 9-3 PAYMENT 7 9-3.1 General 8 9-3.2 Partial and Final Payment. 8 PART 2 - CONSTRUCTION MATERIALS 8 SECTION 215 — COMMUNITY ROOM AUDIO VISUAL UPGRADE EQUIPMENT 8 215-1 AUDIO VISUAL UPGRADE WORK 8 215-1.1 Project Scope 8 215-1.2 Audio Visual Upgrade Materials 9 215-1.3 Fabric Panels 10 PART 3 - CONSTRUCTION METHODS 11 SECTION 300 - EARTHWORK 11 300-1 CLEARING AND GRUBBING 11 300-1.3 Removal and Disposal of Materials 11 300-1.3.1 General 11 SECTION 601— WORK AREA TRAFFIC CONTROL 11 601-1 GENERAL 11 ATTACHMENT 1: PROPOSED STATEMENT OF WORK 12 PROPOSED STATEMENT OF WORK 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS COMMUNITY ROOM AUDIO VISUAL SYSTEM UPGRADE PROJECT NO. 19F02 CONTRACT NO. C-7817-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the City's Desiqn 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/government/departments/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 15 At the time of the award and until completion of the work, the Contractor shall possess a C-7 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 installing new video wall display and all related wiring and audio-visual equipment; installing structural mounting system for installation of the video wall; and modifying the existing fabric panels for the mounting of the video wall. The contract also includes the acquisition of any required Building Permit and any plans required for the acquisition of the permit. 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 15 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. SECTION 5 - UTILITIES 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 Page 3 of 15 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. 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. 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: Page 4 of 15 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) 11. December 26th thru 301h (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. 6-8.3 Warranty Contractor shall provide all AN troubleshooting associated with the installation as warranty work for the displays for a period of one year. Contractor shall be required to respond to defects in the materials or workmanship within 24 hours. Page 5 of 15 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 $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 to minimize inconvenience to the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, this project is subject to prevailing wages. 7-5 PERMITS The Contractor shall be responsible for acquiring a no -fee Building Permit from the City prior to beginning the work. The cost of the preparation of any plans for the permit are included in the items of work. Page 6 of 15 7-7 COOPERATION AND COLLATERAL WORK The Community room may still be hosting events so the Contractor shall coordinate every aspect of the construction to minimize the inconvenience to the public and minimize the impact to City 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. 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 Page 7 of 15 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 Community Room Audio Visual System Upgrade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for performing the audio visual system upgrade work as described in the Plans and in these Specifications including acquiring a no -fee Building Permit from the City. 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 $1,000 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 — COMMUNITY ROOM AUDIO VISUAL UPGRADE EQUIPMENT 215-1 AUDIO VISUAL UPGRADE WORK 215-1.1 Project Scope Page 8 of 15 The audio visual upgrade work shall consist of the following items and all other items not listed required to complete the project: • Modifying the existing fabric covering to allow for mounting of videowall • Removing the existing roll down screen and associated up/down switch • Installing new videowall display including mounting system • Providing power to videowall and obtaining a building permit for any electrical system modificaitons • Installing new audio, visual, and control systems • Populating existing boxes and plates with appropriate transmitters, receivers, and connectors to accommodate the signals • Installing a UPS for backup power to the main AV rack • Providing programming, training, and startup • Repairing any drywall, paint, or other restoration for damages during installation A Statement of Work is provided as a guide to the proposed work in Attachment 1. The Statement should be used as a guideline and no warranty as to the accuracy of the Statement is provided. It is the Contractor's responsibility to complete the work correctly. 215-1.2 Audio Visual Upgrade Materials The equipment for the upgrade shall be as follows or an approved substitute: MANUFACTURER MODEL ID DESCRIPTION QUANTITY Crestron RMC3 (6505761) 3 -Series@ Room Media 1 Controller Crestron TSW-760-NC-B-S (6510436) 7 in. Touch Screen without Camera, Microphone, or 1 PinPointT"' Beacon; Black Smooth Crestron TSW-UMB-60 (6507947) Universal Mounting Bracket for TSS -7, TSS -10, and 1 TSW-x60 Series Crestron CRESTRON-APP-PAD Crestron@ App for iPad@ 1 Device Crestron DM -TX -4K-1 00-C-1 G -B -T Wall Plate 4K DigitalMedia (6505629) 8G+0 Transmitter 100, 5 Black Textured Crestron DM -RMC -4K-1 00-C-1 G -B -T Wall Plate 4K DigitalMedia (6505627) 8G+O Receiver & Room 4 Controller 100, Black Textured Crestron DM-RMC-4KZ-SCALER-C DigitalMedia 8G+0 41<60 (6508076) 4AA HDR Receiver and 1 Room Controller with Scaler Crestron DMC-4KZ-HD-DSP (6508071) HDMIO4K60 4AA HDR Input Card w/Downmixing 1 for DMO Switchers Crestron DMC-4KZ-C-DSP (6508073) DigitalMedia 8G+8 41<60 5 4AA HDR Input Card Page 9 of 15 Any substitutions shall be as equal and approved by the Engineer prior to equipment being ordered. 215-1.3 Fabric Panels Page 10 of 15 w/Downmixing for DMO Switchers, HDBaseTO Compatible Crestron DMC-4KZ-CO-HD (6508074) 2-Channel DigitalMedia 8G+O 41<60 4AA HDR 3 Output Card for DMO Switchers Crestron DM-PSU-16-PLUS (6509493) 16-Port PoDM+ Power Supply for DM 8G+O 1/0 1 Cards Crestron FT2-700-MECH-AC-B KIT FlipTopTm FT2 Series, 700 (6510769) Size, Mechanical, Black, 10 1 Open Module Slots w/1 AC Outlet Included Crestron FT2A-CBL-PT-4K-HDM Pass-Through Cable for FT2 (6508397) Series, HDMIO to HDMI, 18 1 Gb s,8ft 2.4m Ubiquity Networks UAP-AC-LR-US Unifi Ap-AC Long Range - Wireless Access Point - 1 802.11 B/A/G/n/AC Apple iPAD 32GB iPad 32GB WiFi Slate Gray (Used as a Touch Panel 1 w/Crestron A Netgear GS116PP 16-Port Gigabit Ethernet Unmana ed PoE Switch 1 Mersive Solstice POD G3 Wireless Presentation Unlimited Enterprise System 1 Mersive Power Supply Unit/POD Power Supply Unit for 1 Solstice POD Pasternack PE3W02466-960 SMA-M to SMA-F Antenna Extension Cable, 80' 2 Custom Build Middle Atlantic U1V 1RU Vented Shelf 1 Extron ASA 141 (60-804-01) Passive Audio Summing Adapter with RCA Inputs 7 and Balanced/Unbalanced Output Symetrix Radius NX 12x8 AEC-2 (80- 12 x 8 Audio Digital Signal 0149 Processor 2 Symetrix 2 Line VolP Interface Card (80- 2 Line VoIP Interface Card 0065 1 Samsun UH55F-E 55" Videowall Display 700nit 10 Chief LVSXU don nexSysTM Video Wall Landscape Mounting 9 S stem without Rails Middle Atlantic UPS150OR Uninterruptible Power Su I 1 Any substitutions shall be as equal and approved by the Engineer prior to equipment being ordered. 215-1.3 Fabric Panels Page 10 of 15 Existing Community Room fabric shall be protected and to the extent possible re -used to prevent obvious areas of replacement. Replacement fabric samples shall be provided for approval prior to ordering any fabric. The existing fabric panels are Guildford of Main Studio 54 — Glam 7040. 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 11 of 15 ATTACHMENT 1: PROPOSED STATEMENT OF WORK Page 12 of 15 PROPOSED STATEMENT OF WORK The City of Newport Beach (the City) located at 100 Civic Center Drive is planning an upgrade to the AudioVisual System(AVS) in the Community Room. The existing system was installed in late 2012. No documentation has been located to detail the AVS in place. The current system utilizes a Crestron DigitalMedia (DM) architecture, with various transmitters located in the room (Podium, Floor & Wall Ports) which feed an 8x8 Switch. It is intended that multiple Computers or Laptops could be connected to the system at the same time. There is also a Fiber DM Feed from the Council Chamber NBTV System. The output of the DM Switch feeds a Ceiling Mounted Video Projector imaging onto a roll down electric projection screen on the front wall. A feed is also provided back to the Council Chambers AV System. There are Floor and Wall transmitter locations with conduits feeding to the main AV Rack located in a room behind the Front Wall. The Sound System utilizes a wired OFE Podium Gooseneck Microphone and 10 OFE Wireless Mic Transmitter/Receivers and Antenna Distribution System. There are also Mic Connections in the Floor and Wall Boxes. These Mic signals are distributed to the Audio DSP System. Laptop audio is sent via the DM Transmitters in the Podium or Floor/Wall Ports to the 8x8 switch and distributed to the DSP System. Also an Audio Feed from and to the Council Chamber is provided. There is an OFE Lab Gruppen Audio Power Amp that feeds 2- L/R In Front Wall Program Audio Loudspeakers and 10- Ceiling Mounted Loudspeakers. Due to the ambient lighting conditions in the room, the decision was made to remove the Ceiling Projection System and replace the Projection Screen with a Videowall consisting of 9- 55" 700 nit extremely narrow bezel displays. Overall Diagonal shall be -164". The Videowall will be fed from a single Crestron DM Scaling Receiver to the first display, then daisy chained to the remaining 8 displays. Control will also be daisy chained. A Structural floor to ceiling Mounting System for the VideoWall shall need to be fabricated to hold the Chief ConnexSys Videowall Mounts. In addition, Fabric Panels closely matching the existing wall fabric need to be provided to conceal the area behind and below the Videowall matrix. Power shall be provided from the existing Roll Down Projection Screen. Note: The Up/Down switch for this must also be removed. There are 4 Floor Boxes and 1 Wall Plate within the room and 2 Wall Boxes located outside. These will be populated with the appropriate DM Transmitters and/or Receivers and Connectors to accommodate the following signals: 1. Front Left Floor Box a. HDMI IN b. HDMI OUT c. Microphone IN Page 13 of 15 2. Front Center Floor Box a. HDMI IN b. Microphone IN 3. Front Right Floor Box a. HDMI IN b. HDMI OUT c. Microphone IN 4. Room Center Floor Box a. HDMI IN b. Microphone IN 5. Right Side Wall Plate a. HDMI IN b. HDMI OUT c. Microphone IN d. Audio Out 6. Outside Box Left a. HDMI OUT b. Audio OUT 7. Outside Box Right a. HDMI OUT b. Audio OUT The HDMI Output connections shall be used to feed signals to OFE Floor Standing Cart Displays. The In -Room Wall Plate Audio Output shall be used to feed an OFE Press Box. The Outside Audio Outputs shall be used to feed OFE Powered Loudspeakers. The FlipTop Touch Panel in the Podium shall be removed and replaced with a Cable/AC Compartment with AC Power and an HDMI Pass -Through Cable. An OFE Middle Atlantic DWR-35-22 wall mounted rack in the AV Control Room shall house all Rack Mounted Equipment. The existing Crestron DM-MD8x8 Switch Chassis shall be utilized and populated with new Input and Output Cards (with the exception of the DM Fiber Input Card which shall be re -used.) A 16 Port Crestron PoDM+ unit shall be provided to feed power to the DM Endpoints via the DM Switch Chassis. Note: DM-MD8x8 Chassis Firmware must be updated to current versions. A Mersive Solstice POD Gen 3 Unlimited Enterprise Version Wireless Presentation System located in the AV Rack shall be connected to the City designated LAN for Local WiFi Connection. Audio and Video shall be fed to the 8x8 DM and the DSP. The Crestron Pro2 Controller shall be replaced with an RMC3 Control Processor. A Wired Crestron 7" Touch Panel shall be mounted on the wall just to the right of the door to the AV Control Room. In addition, provision shall be provided for an Apple iPad to be Page 14 of 15 utilized as a Wireless Touch Panel via a local, closed Wifi Access Point network. An Owner Furnished (OFE) 12 Button Key Panel shall remain in place on the wall outside the AV Control Room for simple source switching to Main Videowall and Room volume control. The existing Network Switch shall be replaced by a 16 Port 10/100/1000 PoE+ switch. The Control System shall be capable of: 1. System Power On/Off (The OFE Floor Standing Cart Displays do not need to be controlled) 2. Matrix Source to Destination selection: a. Independent 1-1 b. 1 to All or Many. 3. Source Volume Control 4. Microphone Volume Control 5. Program and Voice Loudspeaker Volume Control 6. Audio Conference Dialing and Level Control The BiAmp Audia DSP shall be replaced with 2- Symetrix Radius NX 12 x 8 AEC Units. A VolP card shall be provided for Audio Conferencing. A UPS shall be provided for Backup Power to the Main AV Rack. Legacy equipment also includes a Listen Assisted Listening Transmitter, Crestron Cresnet Power Supply and Connecting Block, Lab Gruppen Audio Power Amplifier, Power Sequencer, Optical Fiber Panel Box and an Altronix Power supply that feeds CCTV Cameras (Not In Scope). Cabling between the Floor/Wall Boxes shall be replaced with new cabling. revised 2-21-2020 Page 15 of 15