HomeMy WebLinkAboutC-5855 - 2014-2015 Playground ImprovementsApril 12, 2017
Malibu -Pacific Tennis Courts, Inc.
Attn: Phil Carter
31133 Via Colinas, Suite 107
Westlake Village, CA 91362
Subject: 2014-2015 Playground Improvements — C-5855
Dear Mr. Carter:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039Fnx
newportbeachca.gov
On April 12, 2016, 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 April 18,
2016 Reference No. 2016000167676. The Surety for the contract is North American
Specialty Insurance Company and the bond number is 2183733. Enclosed is the
Faithful Performance Bond.
Sincerely,
tAMrv" - ' At,."
Leilani I. Brown, MMC
City Clerk
Enclosure
*BOND PREMIUM: $1,725..,,, WHICH IS SUBJECT TO CHANGE BASED ON 1, ._ FINAL CONTRACT AMOUNT
BOND EXECUTED IN DUPLICATE
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 2183733
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ S1.725.00** SEE ABOVE , being at the
rate of $ $14.40 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Malibu Pacific Tennis Courts, Inc. hereinafter designated as the "Principal," a contract
for the work necessary for the completion of this contract consists of removing and
disposing of existing improvements; installing and adjusting playground equipment;
removing and installing a drinking fountain; furnishing and installing flexible play surface
system; placing P.C.C. base and sidewalk; grading sand; and other incidental items to
complete the work in place required by the contract. 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 North American Specialty 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 Nineteen Thousand Eight Hundred Dollars and 00/100 ($119,800.00) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount of the Contract, to be paid to the City of Newport Beach, its successors, and
assigns; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to
indemnify, defend, and save harmless the City of Newport Beach, its officers,
employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
Malibu -Pacific Tennis Courts, 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 instrument1;tas been duly executed by the
Principal and Surety above named, on the 2nd d o December 120 14.
Malibu Pacific Tennis Courts, Inc.
Name of Contractor (Principal)
North American Specialty Insurance Company
Name of Surety
6 Hutton Centre Drive, Suite 850
Santa Ana, CA 92707
Address of Surety
714-550-7799
Telephone
Signature/Title
Authorized Agent Signature
Yuna T Mullick Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Malibu -Pacific Tennis Courts, Inc. Page B-2
ACKNOWLEDGMENT
State of California
County of Orange
On _ December 2,-2014 before me, Christine T. Hoang, Notary Public
(insert name and title of the officer)
personally appeared Yung T. Mullick
who proved to me on the basis of satisfactory evidence to be the person(%) whose name(A) is/aw
subscribed to the within instrument and acknowledged to me that he/ executed the same in
his&xMtljir authorized capacity(, and that by his/ImmAkak signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(l) 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.
WITNELmy d and official seal. by °`TMF, CHRISTINE T. HOANGaCOMM.# 2008757NOTARY PUBUC•CAUFORNUIONGE COUNTY NMYCOMMEXP. FEB 25, 20ttSignatu(Seal)
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
YA, JAMES W. MOILANEN
and YUNG T. MULLICK
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executedunderthis authority shall exceed the
amount of:
FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 91h of May, 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary many Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
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=V' SEAL.Oc
By
StevenP..iMcmcoq Senior Vire Preonent ofwashington lnternallomal Insurance Companv
tF?t"cPa'°2i'J.c
SEAL
s�STz 19%dicq
&Smioi Vice President of NorM American Specialty insurance Company
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Ilia
By
By
David M. Cayman, Vice Reaident of Washington lntaflatioual lnsneance Company
mi
& Vice President orNorar Amencan Specialty Meal mm Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this26th day of June 2p12
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 26th day of June , 2012 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
DONNA D. SKLENS
Notary Public, State of Illinois Donna D. Sklens, Notary Public
My Commission Expires IGM612015
1, leffrev Goldberg .the duly elected Assistant Semetary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington Intemational Insurance Company, which is still in full force and effect
1N WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 2nd day of DECEMBER , 20 14 .
J,W, Goldberg. vice P,midml & mantom semelan or
Wcolm,pon Wurwce Co.,., & Norlh Amenm Spmially Wurmsce Company
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani Brown, CMC
June 22, 2016
Malibu -Pacific Tennis Courts, Inc.
Attn: Phil Carter
31133 Via Colinas, Suite 107
Westlake Village, CA 91362
Subject: 2014-2015 Playground Improvements C-5855
Dear Mr. Carter:
On April 12, 2016 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
April 18, 2016, Reference No. 2016000167676. The Surety for the bond is North
American Specialty Insurance Company and the bond number is 2183733.
Enclosed is the Labor & Materials Payment Bond.
Sincerely,
,b�
Leilani I. Brown, MMC
City Clerk
Enclosure
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov
BOND PREMIUM INCLUDE . PERFORMANCE BOND
BOND EXECUTED IN DUPLICATE
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 2183733
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Malibu Pacific Tennis Courts, Inc. hereinafter designated as the "Principal," a contract
for the work necessary for the completion of this contract consists of removing and
disposing of existing improvements; installing and adjusting playground equipment;
removing and installing a drinking fountain; furnishing and installing flexible play surface
system; placing P.C.C. base and sidewalk; grading sand; and other incidental items to
complete the work in place required by the contract 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,
North American Specialty 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 Nineteen Thousand Eight Hundred Dollars and 00/100 ($119,800.00)
lawful money of the United States of America, said sum being equal to 100% of the
estimated amount payable by the City of Newport Beach under the terms of the
Contract; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 of the Civil Code of the State of California.
Malibu -Pacific Tennis Courts, Inc. Page A-1
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
named Principal and Surety, on the 2nd day of December 1_z
Malibu Pacific Tennis Courts. Inc.
Name of Contractor (Principal)
North American Specialty Insurance Company
Name of Surety
6 Hutton Centre Drive, Suite 850
Santa Ana, CA 92707
Address of Surety
714-550-7799
Telephone
Authorized'Agent ignkture'
Yung T. Mullick, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BEA TFACHED
Malibu -Pacific Tennis Courts, Inc. Page A-2
ACKNOWLEDGMENT
State of California
County of Orange )
On _ December 2,2014 before me, Christine T. Hoang, Notary Public
(insert name and title of the officer)
personally appeared Yung T. Mullick .
who proved to me on the basis of satisfactory evidence to be the person(A) whose name(%) is/wc
subscribed to the within instrument and acknowledged to me that he%tbr executed the same in
hisbberibmk authorized capacity(, and that by his/JwAhak signature(s) 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 and nd official seal. CHMSTINET. HOANG
w ;m COMM. # 2008757 ;D
n NOTARY PUBLIC•CALIFORNIAX
tY ORANGE COUNTY N
Signature (Seal) `' MYCOMM,EXP.FEB28,20V
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
JENNIFER C. ANAYA. JAMES W. MOILANEN
T. MULLICK
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of. FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 90 of May, 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
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Steven P. Andenpq Seniur Via Preaidem of W.,hingmnlntc,ioaional lmunrce Ciioe
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&Swart Vice Peetidenl of No1h American Spcelnlly lnmranice Company
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Dmdd M.layman,Vice P.identofWvhineton lnheneticicm lnsurena Cmn"
& Vice President of north Americmi SWciaay Insurance Cmnreny
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this26th day of June 2012
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss'
On this 26th day of June '20 12 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman ,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies. II p; �
"OFMCIALSEAL" T�Ldyn�no All, n.(1
DONNA D, SKLENS
Notary Public, Slate of Illinois Donna D. Sklens, Notary Public
My CofamiuionExpiies 10 N2015
I, Jeffrey Goldberg .the duly elected Assistant Secreta ry of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a We and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this 2nd day of DECEMBER , 20 14 .
Jerrrgr Goldbc, , Vice I'mident & Auisiw smroam or
Wmhington Intemmional Insurance Ccmpanv&Nonh Am—SpenalpImmmce Comlany
RECORDING REQUESTEQ, Y AND
WHEN RECORDJ9-D R�EYU TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder 88
NO FEE
i R 0 0 0 8 3 0 6 7 0 7
20150001676761:59 pm 04/18/16
276 409 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 Malibu -Pacific Tennis Courts, Inc.,
Westlake Village, as Contractor, entered into a Contract on November 24, 2014. Said
Contract set forth certain improvements, as follows:
2014-2015 Playground Improvements C-5855
Work on said Contract was completed, and was found to be acceptable on
April 12, 2016 by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is North American Specialty Insurance Company.
BY
Public Works Director
City of Newport Beach
LW4 N I;1 KTA 0 Is] ZI
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on ri 1 20 at Newport Beach, California.
Ii
BY
City Clerk
CX
April 13, 2016
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
CITY CLERK'S OFFICE
Leilani Brown, MMC
RE: Notice of Completion for the following projects:
2014-2015 Playground Improvements - Contract No. 5855
• Multiple Back -Up Generators Replacement Project - Contract No. 6011
• Eastbluff Park Field Improvements — Contract No. 6268
Please record the enclosed documents and return to the City Clerk's Office.
Thank you.
Sincerely,
Pa(,
Aw
Leilani I. Brown, MMC
City Clerk
Enclosures
100 Civic Center Drive . Post Office Box 1768 ®;Newport Beach, California 92668-891.6
"telephone: (949) 644-3005 • Fax: (949) 644-3039 . wcvw.newportbeaehca.gov
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 Govemment 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 Malibu -Pacific Tennis Courts, Inc.,
Westlake Village, as Contractor, entered into a Contract on November 24, 2014. Said
Contract set forth certain improvements, as follows:
2014-2015 Playground Improvements C-5855
Work on said Contract was completed, and was found to be acceptable on
April 12, 2016 by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is North American Specialty Insurance Company.
M
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. J �J
Executed on r1 ! �, y'V�o at Newport Beach, California.
BY 440L
►�V —
City Clerk
9-1
NEWPORT BEACH
City Council Staff Report
COUNCIL STAFF REPORT
CITY OF
April 12, 2016
Agenda Item No. 9
ABSTRACT:
On November 25, 2014, City Council awarded Contract No. 5855, 2014-2015
Playground Improvements project to Malibu Pacific Tennis Courts, Inc. (MPTC), for a
total contract cost of $119,800.00 with an $18,200.00 (15 percent) allowance for
contingencies. The work has been completed and staff now recommends closing out
the project.
RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of
Completion for the project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after
the Notice of Completion has been recorded in accordance with applicable
portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City
Council.
FUNDING REQUIREMENTS:
Funds for the construction contract were expended from the following account:
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY:Peter Tauscher, Civil Engineer, ptauscher@newportbeachca.gov
PHONE:949-644-3316
TITLE:2014-2015 Playground Improvements - Notice of Completion and
Contract Termination for Contract No. 5855 (CAP15-0030 and
CAP15-0031)
2014-2015 Playground Improvements - Notice of Completion and Contract Termination
for Contract No. 5855 (CAP15-0030 and CAP15-0031)
April 12, 2016
Page 2
9-2
Account Description Account Number Amount
Building Excise Tax 7271-C4002021 $23,298.75
Building Excise Tax 7271-C4002020 $45,547.75
Total:$68,846.50
DISCUSSION:
Overall Contract Cost/Time Summary
Awarded
Contract Amount
Final Cost at
Completion
Contingency
Allowance
Actual
Contract
Change
% Due to
Directed
Change
% Due to
Unforeseen
Change
$119,800.00 $68,846.50 15% or less -42.5% -42.5% 0.0%
Allowed Contract Time (days) 30
Actual Time
Under (-) or Over (+)42
The work under this contract consisted of removing and disposing older playground
improvements; installing and adjusting new playground equipment; removing and
installing a drinking fountain; and installing flexible play surface systems at six
playgrounds throughout the City. The six playgrounds included in this project were
Channel Place Park, Irvine Terrace Park, Bayside Park, Buffalo Hills Park, Harbor View
Park, and Spyglass Hill Reservoir Park. The contract has been completed. A summary
of the contract cost is as follows:
Original bid amount:$ 119,800.00
Actual cost of bid items constructed:$ 75,846.50
Total change orders:$ 0.00
Liquidated damages:$ (7,000.00)
Final contract cost:$ 68,846.50
The final construction contract cost is now approximately 42.5 percent below the original
contract amount. This reduction was a result of (1) liquidated damages being applied
due to failure to meet the contracted completion date; and (2) negotiated credit to offset
for the contractors installation of material not meeting the contract specifications.
2014-2015 Playground Improvements - Notice of Completion and Contract Termination
for Contract No. 5855 (CAP15-0030 and CAP15-0031)
April 12, 2016
Page 3
9-3
Contract specifications established a 25 consecutive working day construction period.
Despite many attempts by staff to work with MPTC on staffing allocation and
establishing a construction make-up schedule, staff recognized MPTC’s inability to
satisfactorily complete the work by the February 25, 2015 scheduled completion date. In
a letter dated March 11, 2015 (Attachment B), MPTC was notified of the deficiencies
and reminded of the $250.00 per calendar day liquidated damages. With much
reluctance, the contract was substantially completed on April 24, 2015, which exceeded
the construction period by 42 days.
In a letter dated July 7, 2015 (Attachment C), the City further withheld $40,453.53 due
to MPTC’s inability to provide a SpectraTurf manufacturer warranty, maintain their
certified installer status, and installation of unapproved flexible play surfacing material.
This deduction is proportional to the amount of unwarrantable work.
Upon final negotiations, staff recommends deducting a total of $50,953.50 from MPTC’s
final contract and terminates Contract No. 5855.
A summary of the project schedule is as follows:
ENVIRONMENTAL REVIEW:
On November 25, 2014 the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302(c) (Construction resulting
in no expansion of facility capacity) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A – Location Map
Attachment B – Letter to MPTC for Liquidated Damages - Dated March 11, 2015
Attachment C – Letter to MPTC to Provide Warranty - Dated July 7, 2015
Estimated Completion Date per 2014 Baseline Schedule March 30, 2015
Project Awarded for Construction November 25, 2014
Contract Completion Date with Approved Extensions February 25, 2015
Actual Substantial Construction Completion Date April 24, 2015
9-4
9-5
9-6
City Clerk
�U CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
until 10:00 AM on the 23rd day of October, 2014,
at which time such bids shall be opened and read for
2014-2015 PLAYGROUND IMPROVEMENTS
Contract No. 5855
$113,100.00
Engineer's Estimate
Approved by
264 9 `
ark Vukojevic
City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and
Drawings by contacting
Santa Ana Blue Print at (949)756-1001
Located at 2372 Morse Avenue, Irvine, CA 92614
Contractor License Classification(s) required for this project. "A"
For further information, call Peter Tauscher, Project Manager at (949) 644-3316
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
httpJ/www.NeWD0rtBeachCA.aov
CLICK: Online Services /Bidding & Bid Results
8. 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. 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.
The signature below represents that the above has been reviewed.
Contractor's License No. & lassi ication
"-
BiddEr
th ized Signature/Title
Z C) 1
Date
0
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 16TH
MALIBU PACIFIC TENNIS COURTS, INC.
Name of Contractor (Principal)
-:aday of OBER 2014.
Authoriz
ed Signature/Title
NORTH AMERICAN SPECIALTY INSURANCE mpAmY
0HUTT0NCENTER DRIVE OTE.850
SANTA ANA, CA. 92707
Address of Surety
2014-2015 PL6YGROUND WfIROVEMENTS
Contract No. 5855
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and adrnitfttralo> s, :agree to be jointly and severatly held and fim4y bound to the City of
Newport Beach, a cha,tar o ty, in the pdr Cipai sUn' Of TEN.��RQEt�T.9F BLQ AM -0 JN.T.._._..�,...
_,. i}etYar j -_10% }. to be Card and forfeited to the City
t fe +ix rt t3each st ilae hied lseoposai of *§sa, undarstq ed Principe; for theco stru tion o12014-
2013 PLAYGROUND IMPROVEMENTS, Contract No. 58555 in the City of Newport Beach, is
acrsepted oy the City tCosancii of the City of Wn^1pon Boach and the proposed contract, is
awarded to the Fldnaipas, and the PrinOpai fails to execute the Contract Documents in the
torfTr)s) iarescrihea, including the realu:rftsc$ bonds, and original insurance certificates and
endorsn rr ent a for the construction of the project within thirty (30) calendar days after the date of
the mating of of Award', otherwise this obligation shall become €east( and void.
if Ifre ur€ lenMytned PrincipaP executing this Bond is execulirag this Bond as an individual,
it is agreed that the death of any such Principal shalt not exonerate the Surety from its
otaqatrons under this Bond.
Witness our hinds this 16TH ..µ..:;!a
MALIBU,PACIF-.._._.....-..__�__ro„..,.�_.__.-:._IC TENNIS COURTS INF1 imeet t:curtraa for (Principal) nat arcr l €€l
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
'5 n'le of Surrey
6 HUTTON CENTER DRIVE STE. 850
SANTA ANA; CA. 92707
1reb6C�t"Fzy
(714)550-7799
(Notary acknowledggsnont of Erincipal & Sqr
_91y stscas4 be attire hedj
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of ORANGE
On OCTOBER 16, 2014 before me, JENNIFER C. ANAYA, NOTARY PUBLIC
Data Here Insert Name and Title of-{ the Officer
personally appeared YUNG T. MUI_LICK
S�p,.OF )NF JENNIFER M. ANFIYA
N ,� ss Gf3M1+#. # 1914158 �
�W�E o NOTARYPUBl1CCALIfORNIA�
� wY �� m ORANGE COUNTY �
°aUroaK` MY COMM. EXP. MAY 2, 201fi
®�
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(t4 whose name} isiare subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his authorized capacity(ies),
and that by his/iiiiamfteir signature" on the instrument the
person(, or the entits upon behalf of which the personM
acted, executed t trume/n/$.
I certify under P NALTY OF�[PERJURY under the laws of
the State of Calif 'rnia that�f a foregoing paragraph is true
and correct. //
Witness my
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of
Document
Signer(s) Other Than Named
Capacity(les) Claimed by Signer(s)
Signers Name:
❑ Individual
Corporate Officer—Title(s): _
[ Partner ---[I Limited[] General
[] Attorney in Fact
[] Trustee
0 Guardian or conservator
Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
El Individual
0 Corporate Officer —Title(s)_
[] Partner —l,]Limited DGeneral
Attorney it,, Fact
[] Trustee
[Guardian or Conservator
(3 Other:
Signer Is Representing:
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE, PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
insurance Company, a corporation organized and existing under the laws of die State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
JENNIFER C. ANAYA, JAMES W. MOILANEN
and YUNG T. MULLICK
JOINTLY OR SEVERALLY
Its tme and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed. bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation. contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9" of Mit', 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalibf the Company bonds, undertakings and all contracts of surety. and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company: and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
t6pilp@N „x zwxny
�pM1lM1�eAAU7PjN iipy t n�
s
t.GDP•POFq'. G c '� .._... Pip �N
(J
10
SEAL m Stesxn P. Smioj Pres,deof Washmgtw international lnsuranre Company Z. F
1AI3 yin' & Senior Vice President of North American Speeialtr lnrvranre Company
2"h M1e:p`
/Ud
flan anlilt ttp By
Ovvid M11. Laymam NceP d tof Nashingt 1 ternational insmgnre Company '�'
& Vice Rmidmt of NmUr Ametiemt Speclvly inmrmme, Company
IN WITNESS WHEREOF. North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this26th day of June '2012 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 26th day of June , 2012 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman ,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
[DC"
iCdAL
IV.SKS tary Pub[i,State oflllinois Donna D. Skiers, Notary Public
Commission Ezpins l0K&20t5
1. Jeffrev Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF. I have set my hand and affixed the seals of the Companies this 16 day of OCTOBER , 20 14 .
Jeraec- Goldl eig Vice President & Acistrml Seemanof
Washington International Insurance Company & North American Specialty Insurance Comp:my
ACKNOWLEDGMENT
eepseeevaeeaveeevaesavavee®v aeseseeepllaepeeeeaeepevevveaveleeeeeevea a veva.. pev,
State of California? 2
County of VV � '�Yt }ss,
On ��°" � — �� � before mTpe,�_l ✓�� ta wl l ���� Notary
Public, personally appeared L
,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. _ e _ ..
NALYN A. t�IRATUNGA
WITNES my hand and official seal. Gammie a 1982GA Z
`a /L NotaryCalifornia z Caunty
My Comm. EJul 12, 2016
Signatur
(seal) in
ivpeeaeeveeppReeeeapneno.."psaeieevevavievaeepeeeee. a epevee..Yevsseee •ne n"""e"t
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Thumbprint of Signer
F1 Check here if
Capacity of Signer: no thumbprint
Trustee or fingerprint
_ Power of Attorney is available.
_
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
City of Newport Beach
2014-2015 PLAYGROUND IMPROVEMENTS
Contract No. 5855
DESIGNATION OF SUBCONTRACTOR(S)
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 following subcontractors
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. (Use
additional sheets if needed.)
Subcontractor's Information
Bid Item
Description of Work
%of
Number
—
Total Bid
Name:
`\
Address:��
Phone:
State License Number:
Email Address:
Name:
Address:
Phone:
State License Number.
Email Address:
Name:
Address:
Phone:
State License Number:
Email Address
Bidder Authorized Signature/Title
MALIBU PACIFIC TENNIS COURTS, INC.
31133 VIA COLINAS SUITE 107 WESTLAKE VILLAGE, CA 91362 818-707-3797 818-706-1951 FAX
All trades shall be performed in house by Malibu Pacific Tennis Courts, Inc.
, President
CONTRACTORS LICENSE NUMBERS: CALIFORNIA: 618117 ARIZONA: 103253 NEVADA: 035476
City of Newport Beach
2014-2015 PLAYGROUND IMPROVEMENTS
Contract No. 5855
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this formM 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 public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $15,000, provide the following information:
No.1
Project Name/Number tft
t tiz a i
Project Descriptiona� y
�}, 7-
Approximate Construction Dates: From � To: Z.csya, Pi d„
Agency Name Q 4 r� -S--: "-,' z�C� ; lv'"
Contact Person celyr..r�S Telephone 6t)s)
Original Contract Amount $ &Fontract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.) a ,
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
go
No. 2
Project Name/Number
Project Description
Approximate Construction Dates: From _
Agency Name
Contact PersonT\ }max -\kgs Telephone (SUS ) cJl!2S —II!c)'%
%1 ti.oC�
Original Contract Amount $ Final Contract Amount $ ` Z3�PN �199
If final amount is different from original, please explain (change orders, extra
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.
t�C3
No. 3
Project Name/Number
Project Description ti°Z \\ V-ieAC`)
Approximate Construction Dates: From \Q) iJl
Agency Name
Contact Person Lj�'�-,�,� S r( Telephone1�j)
Original Contract Amount $ Final Contract Amount $ t sCCo - uxC
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.
10
No. 4
Project Name/Number \�L
Project Description _-
Approximate Conss(t��ructition Dates: From
Agency Name `A t
Contact Person ��_� \�qd\t Telephone ))/ 9T)
5zu�
Original Contract Amount $ M nal Contract Amount $ L-0
Zt 1 1 • .�
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 5
Project Name/Number
Project Description �z
Approximate Construction Dates: From To: I )
Agency Name ` dv�i �( gt_�
Contact Person � Tele hone p
Original Contract Amount $==i=Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Q3v'\C%sv o'i . c�'V-6k
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.
11
No. 6
Project Name/Number tc
Project Description `
Approximate Construction Dates: From
Agency Name
Contact PersonTelephoneji)
Original Contract Amount $`fi�b Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or 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 AUorzed Signature/Title
MA
MALIBU PACIFIC TENNIS
, INC.
31133 VIA COLINAS SUITE 107 WESTLAKE VILLAGE, CA 91362 818-707-3797 818.706.1951 FAX
Kevin Carter -Project Manager
1990 - Present
This is the only job he has ever had
Kevin has been building tennis courts since 1990. He has built more than
200 concrete tennis courts. Kevin is our project manager who has been
involved with the public works and field work since 1990 and overseeing
these projects from start to finish. He has also project managed on the
entire projects listed on our reference list.
"We get your fun done"!
CONTRACTORS LICENSE NUMBERS. CALIFORNIA: 618117 ARIZONA: 103253 NEVADA: 035476
City of Newport Beach
2014-2015 PLAYGROUND IMPROVEMENTS
Contract No. 5855
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of (� �� )
being first duly sworn, deposes a(d says that he or ehe•ts
z�S:r`�a 'r of R�o1', Q � 5 �ca is Xn(-. the party making the
fore oing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that
party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of Caligi nia t-th'e foregoing)s true and correct.
Y" ax��� iCc r1Y1151fi?JfrS �rt
Bidder
Subscribed and sworn to (or affirmed) before me on this day of
by�� (��f� — — proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under
foregoing paragraph is true and correct.
NALYN A. WIRATUNGA
Commia Wn # 1982149
[SEAL] z Notary EWFN� • CalRornia
z County
M Comm. E a Jul 12, 2016
13
the laws of the State of California that the
Notary P blic
My Commission Expires: D
City of Newport Beach
2014-2015 PLAYGROUND IMPROVEMENTS
Contract No. 5855
DESIGNATION OF SURETIES
Bidder's name ��.�k n c.c . TeX r �S� 1 c --
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):
g
M
City of Newport Beach
2014-2015 PLAYGROUND IMPROVEMENTS
Contract No. 5855
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name mac_, .
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
M
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2013
2012
2011
2010
2009
Total
2014
No. of contracts
�t�
3 �{
3 L
Total dollar
Amount of
Contracts (in
ai
66
t<,
�,,t��')6
i�
f �
�
Z
Gt!. ,
Thousands of $
No. of fatalities
{
i
No. of lost
Workday Cases
(
�j
No. of lost
workday cases
involving
permanent
transfer to
another job or
/1
termination of
em to ment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
M
Legal Business Name of Biddero\,�,�;�;� '15 (sem
Business
Business Tel. No.:
State Contractor's License No. and
Classification: um n Q s , L -s
Title �-e � `
The above information was compiled from the records that are available to me at this
time and I declare under penalty of perjuryytkat the information is true and accurate
within the limitations of those mcords. %
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf
of the corporation. All must be acknowledged before a Notary Public, who must certify
that such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
fNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
16
ACKNOWLEDGMENT
............ a ....................................................... ee."•..... I
State of California s
County of 1 / fU/L�/ � ) ss.
On tZ� � before me, /�%/�/I/ ,� ��//�' l�/�I/�,Cj'� Notary
Public, personallyappeared' /� K
,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
NALYN A. WIRATUNGA
Commlaalon 1982149
Ilip
,-®a Notary Public - California n
Z Wintura County
My Comm. Eitiraa Jul 12, 2016'
(seal)
• u.aa.................r..•ene..e.enzauevne.............. an................ goal
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
_ Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other
7
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
MALIBU PACIFIC TENNIS COURTS, INC.
31133 VIA COLINAS SUITE 107 WESTLAKE VILLAGE, CA 91362 818-707-3797 818-706-1951 FAX
MALIBU PACIFIC TENNIS COURTS, INC.
Resolutions Pertaining to Corporate Authority
The Undersigned is the President and Secretary of MALIBU PACIFIC TENNIS
COURTS, INC. The undersigned certifies that the Board of Directors adopted the following
resolutions and its meeting on October 15, 2006:
WHEREAS, the corporation negotiates, submits bids, and enters into contracts for
construction projects; and
NOW, THEREFORE, BE IT Resolved, that this company is authorized to submit
bids and proposals, and enter into contracts for construction projects; and
RESOLVED FURTHER, that the officers of this Company and in particular, PHILIP
CARTER, as President and Secretary of the Corporation, is hereby authorized and directed
to prepare, and execute on behalf of the company any necessary documentation, agreements,
bids and proposals which may be necessary to complete this transaction.
I hereby certify the foregoing is a true and accurate representation of the resolutions
adopted by the Board on October 15, 2006.
PHILIP CARTER, President
CONTRACTORS LICENSE NUMBERS: CALIFORNIA: 618117 ARIZONA: 103253 NEVADA: 035476
City of Newport Beach
2014-2015 PLAYGROUND IMPROVEMENTS
Contract No. 5855
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name lJ\c: ,\a ��tr .
The bidder shall signify receipt of all Addenda here, if any, and attach executed
copy of addenda to bid documents:
17
City of Newport Beach
2014-2015 PLAYGROUND IMPROVEMENTS
Contract No. 5855
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 ��c����ca�,c_ \ex r�� c
Business Address::' \V' \J�c Cz\„ ,`.�!-�n V�, �\"' N' \\Ae—
Telephone and Fax Number: V'�i -�CQ ��c-1 I S N 'icy \CA`s
California State Contractor's License No. and Class: VAcAn K -S� Q - Y
(REQUIRED AT TIME OF AWARD) j
Original Date Issued: Expiration Date: `�\\
1
List the name and title/position of the person(s) who inspected for your firm the site of
the work proposed in these contract documen�tss:
7
1 �fe- ="\��
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
Corporation organized under the laws of the State of��v��G
M
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
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;
Have you ever had a contract terminated by the owner/agency? If so, explain.
Have you ever 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 / No
19
Are any claims or actions unresolved or outstanding? Yes No
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.
Bidder
(Print name of Owner or President
of „C,dr'ati o n1C gm p a n y)
Title
Date
On 11111';// S� before me, !U/�J/%l7 // l%�y '¢ Notary Public, personally
appeared /-//C 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/shelthey 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
hand and official seal./)
My Commission Expires:X72_ __9���
20
NAYN AoMMISSUflATUNGA9C19
(SEAL)
Notary • California a
Z YeMWaCatnty '
My Comm. ElLinas Jul 12, 2016
CaliforniaState of
Contractorsi • . d
License Number: 618117
Entity: Corporation
Business Name: Malibu - Pacific Tennis Courts Inc.
Classification: A, B, G8
Expiration Date: 04!30/2015
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�*+NTRACTORS STATEl,IC6V$E gpqW
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618117 CORP
a--•-- MAUBU - PACIFIC TENNIS
COURTS INC
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04/30/2015 WAW-Csib.ca.90
31133 VIA COUNAS SUITE 107 WES71AKE VILLAGE, CA 91362 818-7073797 818-7061951 FAX
REFERENCE LIST
ABC Unified School District
16700 Norwalk Blvd.
Cerritos, CA 90703
George Zaragoza - (562) 2541160
Tennis Courts - 2003 - $93,000
Buena Park School District
6885 Orangethorpe Avenue
Buena Park, CA 90620
Glenn Sheek - (714) 736-4272
Playgrounds - 2000 - $550,000
City of Agoura Hills
30001 Ladyface Court
Agoura Hills, CA 91301
Jay Patel - (818) 597-7300
Tennis Courts & Playgroundr0996 - $100K
Custom Street Signs - 2002 - $150,000
New Restroom & BB Court -2007 - $250K
New Tennis Court Facility - 2008 - $400K
New Restroom - 2008 - $300K
City of Alhambra
111 S. First Street
Alhambra, CA 91801
Tom Cardoza - (626) 570-5048
Playgrounds - 2000 - $40,000
Playgrounds - 2005 - $490,000
City of Arroyo Grande
208 East Branch Street
Arroyo Grande, CA 93421
Mike Linn - (805) 473-5444
Tennis Court - 2005 - $200, 000
City of Azusa
320 N. Orange Place
Azusa, CA 91702
Joe Jacobs - (626) 812-5220
Basketball Court -2001 -$69,000
Shade Structure - 2003 - $43,000
BasketbalWolleyball Ct-2005 - $200,000
City of Bakersfield
4101 Truxton Avenue
Bakersfield, CA 93309
Greg Cronk - (661) 326-3866
Skate Park & Playgrounds 2000 - $350,000
Playgrounds - 2007 - $65,000
City of Casson
701 East Carson Street
Carson, CA 90745
Patricia Elkins - (310) 830-7600x1816
Playgrounds -2001 -$170,000
City of Corona
400 S. Vicentia Ave.
Corona, CA 92682
Lee Stryffeler - (951) 279.3755
Steve Lawson - (951) 736-2369
Playgrounds - 2006 - $50,000
Tennis Courts 2007 - $360,000
Playground - 2007 - $57,000
City of Calabasas
26135 Mureau Road
Calabasas, CA 91302
Thomas Gdala/Jeff Rubin (818) 8784242
Bus Shelters - 2007 - $145,000
Playgrounds - 2007 - 5600,000
Restroom Renovation - 2007 - $600,000
Park Trellis - 2009 - $98,000
City of Covina
125 E. College Street
Covina, CA 91723
Robert Staples - (818) 388-0564
Baseball Backstops - 2002 - $250,000
Roller Hockey Rink - 2004 - $75,000
Bandshell Renovation — 2005 - $189,000
Restroom Renovation — 2007 - $300,000
City of Culver City
9770 Culver Blvd
Cuter City, CA 90232
Elaine Jeng - (310) 253-5621
Cardiff Parking Structure - 2007 - $600,000
CONTRACTORS llCENSE NUMBERS: CAL/FORN/A: 618117 ARIZONA 103253 NEVADA 035476
31133 VIA COLINAS SUITE 107 KESTLAKE VILLAGE CA 91362 818.707-3797 818.708.1951 FAX
City of El Segundo
350 Main Street
EI Segundo, CA 90245
Daniel Garcia — 310-524.2358
Retaining Wall — 2009 - $185,000
City of Gardena
1717 W. 162 -Street
Gardena, CA 90247
Dave Negrete - (310) 217-9564
Playgrounds - 2003 - $175,000
City of Glendora
116 East Foothill Blvd.
Glendora, CA 91741
Halla Speaker - (626) 914-8231
Playgrounds -2002 - $45,000
City of Hawaiian Gardens
21815 Pioneer Blvd,
Hawaiian Gardens, CA 90716
Ernesto Marquez - (562) 420-2641
Playgrounds - 2002 - $80,000
City of Huntington Park
6550 Miles Ave.
Huntington Park, CA 90255
Pat Fu - (323)584.6253
Skate Park - 2001 - $360,000
Tennis Courts - 2007 - $250,000
City of Inglewood
One Manchester Blvd.
Inglewood, CA 90301
Eugene Parker - (310) 412-5333
Playgrounds & Tennis Courts - $300,000
City of Irvine
One Civic Center Plaza
Irvine, CA 92606
Doug Davidson — (949) 724-0675
Playgrounds — 2003 - $250.000
Playgrounds — 2005 - $1,200,000
City of Lakewood
5060 AM Avenue
Lakewood, CA 90712
June Anderson - (562) 866-9771
Playgrounds - 2003 - $380,000
City of La Mirada
13700 La Mirada Blvd.
La Mirada, CA 90638
Gary Sanui - (562) 943-0131
Bridge - 2000 - $40,000
City of Los Angeles
Bureau of Street Services -Public
Works
1149 S Broadway a Floor
Los Angeles, CA 90015
Robert Gutierrez - (213) 847-0881
Tennis Courts - 2000 - $569,000
City Of Los Angeles
Deaarbnent of Public Works
1149 S. Broadway, Sufte 810
Los Angeles, CA 90015
Paul Tseng - (213) 486-0296
Nabih Balady - (213) 978-1900
Playgrounds - 2007 - $1,200,000
Playgrounds - 2008 - $800,000
City of Mooroark
799 Moorpark Avenue
Moorpark, CA 93021
Mary Lindley - (805) 529-8864
Roger Blais (805) 517-6283
Tennis Courts -1999 - $550,000
New Park — 2007 -$180, 000
New Park — 2009 - $400,000
City of Ojai
408 S. Signal Street
Ojai, CA 93023
Glenn Hawks - (805) 640-2560
Tennis Courts - 2002 - $400,000
City of Oxnard
1060 Paofic Avenue, Bldg. #3
Oxnard, CA 93030
Larry Thompson — (805) 385-7951
Playgrounds — 2005 - $450,000
Playgrounds — 2006 - $550,000
CONTRACTORS LICENSE NUMBERS: CALIFORNIA: 618117 ARIZONA: 103253 NEVADA: 035476
rl,rr = - ,
31133 VIA COLWAS SUI7E 107 WES7LAKE VILLAGE, CA 91362 818-707-3797 618-706.1951 FAX
City of Palm Desert City of West Hollywood
73-510 Fred Waring Drive 8300 West Santa Monica Blvd.
Palm Desert, CA 92260 West Hollywood, CA 90069
Jeff Winklepleck - (760) 346-0611 Kevin Trudeau - (323) 85&6339
Palm Desert Skate Park -1999 - $439,000 Playgrounds & Tennis Cts. 2001-$200,000
City of Palmdale
38250 Sierra Hwy
Palmdale, CA 93550
Lynn Glidden (661) 267-5100
Water Park Shade Structure — 2007 — $45K
Playground — 2007 - $100,000
City of Riverside
3900 Main Street
Riverside, CA 92522
Andy Emery - (909) 826-2021
Playgrounds - 2002 - $1,000,000
Roller Hockey Rink - 2001 - $150,000
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Mr. Ken Rukavina - (626).569-2151
Playgrounds - 2004 - $400,000
City of Santa Clarita
23920 Valencia Blvd., Suite #120
Santa Clarifa, CA 91355
Kit Nell - (661) 286-4140
Basketball Court -1998 - $100,000
Cityof South Pasadena
1414 Mission Street
South Pasadena, CA 91030
Veronica Dolleschel — (626) 403-7352
Park Improvements — 2000 - $125,000
Skate Park —2002 - $105,000
2tL2f Torrance
3031 Torrance Blvd.
Torrance, CA 90503
Ken Kelso — (310) 618-2935
Tennis Courts —1999 - $400,000
City of Westlake Village
31200 Oak Crest Drive
Westlake Village, CA 91362
Audrey Brown - (818) 706-1613
Playgrounds 2006 - $118,000
Playground - 2008 - $379,000
Clark County School District
4828 South Pearl Street
Las Vegas, NV 89121
John Regan - (702) 799-7610
Playgrounds & Tennis Cts. -19984500,000
Tennis Courts Resurfacing - 2006 -
$400,000
Tennis Court Resurfacing - 2008 - $114,000
County of Los Angeles
Deoarttnent of Public Works
900 South Fremont Street, So Floor
Alhambra, CA 91803
Joe Camarillo - (626) 300-2340
Lee Barocas - (213) 738-3020
Retaining Wall, New Restroom & Garage -
2004 - $600,000
Playgrounds - 2008 - $1,200,000
Tennis Courts - 2009 - $339,000
Culver City Unified School District
4034 Irving Place
Culver City, CA 90232
Mike Korgan - (310) 842-4203
Playgrounds -1996 - $300,000
Baseball Backstops - 2003 - $225,000
Playgrounds - 2006 - $240,000
Fencing - 2007- $150,000
Deos rtment of Boating &
Waterways
1629 "S' sweet
5aaamento, CA 95814
Leanne Talbott — (916) 322-1810
Boat Ramps —1999 - $300,000
CONTRACTORS LICENSE NUMBERS: GAL/FORNIA: 61811 T ARIZONA: 103253 NEVADA- 035476
MY*": Z 1
31133 VIA COLINAS SUITE 107
, TENNIS
I
WESTLAKE vlLL.AGE, CA 91362 818.7073797 818.7061951 FAX
Fontana Unified School District
9820 Citrus Avenue
Fontana, CA 92334
Tony Lardied — (909) 357-5230
Playgrounds — 2001 - $200,000
Housing Authority
Of the County of Santa Barbara
P.O. Box 397
Lompoc, CA 93438
Sheree Aulman - (805) 736-3423x14
Block Walls - 2001 - $100,000
Kern High School District
5801 Sundale Avenue
Bakersfield, CA 93309
John Fox—(661) 827-3181
Tennis Courts —2005 - $1,550,000
Las Virgenes Unified School
District
4111 N. Las Virgenes Rd.
Calabasas, CA 91302
Don Blake — (760) 445-9864
Restroom — 2008 - $330,000
Magnolia School District
10850 Berry Avenue
Anaheim, CA 92804
Richard Schwartz - (714) 527-4525
Concrete Ball Walls - 1998 - $100,000
Moreno Valley Unified School
District
25634 Alessandro Blvd.
Moreno Valley, CA 92553
Nancy Anderson — (951) 571-7520
Playgrounds — 2004 - $1,200,000
Ontario - Montclair School District
950 West D Street
Ontario, CA 91762
Sandra Escamiila - (909) 459-2500 ext
6366
Playground — 2007 — $100,000
Oxnard Union Hiah School District
309 South 'IC Street
Oxnard, CA 93030
Lou Cunningham - (805) 385-2531
Tennis Courts -1999 - $200,000
Palm Sarins Unified School
District
980 E. Tahquitz Canyon Way, Suite 202
Palm Springs, CA 92262
Joel Sorensen - (760) 416-6112
Lunch Shelters - 2009 - $166,000
Tennis Courts - 2009 - $475,000
Pasadena Unified School District
740 West Woodbury Rd
Pasadena, CA 91103
Gerald Schober (626)791-9445 ext. 355
Tennis Courts - 2008 - $480,000
Pleasant Vailev School District
600 Temple
Camarillo, CA 93010
Paol Hanson - (805) 445-8677
Playgrounds -19M - $260,000
Rancho Simi Recreation & Park
District
1692 Sycamore Drive
Simi Valley, CA 93065
Douglas Duran - (805) 5844480
Playgrounds & Tennis Cts. -1998-$300,000
Playgrounds - 2005 - $140,000
Park Construction - 2005- $400,000
San Marino Unified School District
1665 West Drive
San Marino, CA 91108
Gerald Schober - (626) 584-6564
Batting Cages - 2007 - $40,000
Saugus Union School District
24930 Avenue Stanford
Santa Cla ft, CA 91355
Anthony Grillo — (818) 889-4061
Basketball Court -1998 - $100,000
CONTRACTORS LICENSE NUMBERS.' CALIFORNIA, 618117 ARIZONA: 103253 NEVADA 035476
MALIOU PACIFIC
31133 VIA COLINAS SUITE 107 WESRAKE VILLAGE, CA 91362 8187073797 818-706-1951 FAX
Tempe Union High School District
500 West Guadalupe
Tempe, AZ 85283
John Hess — (602) 496-0244
Tennis Courts — 1996 - $300,000
mptc reference list —updated 4111/2o12
CONTRACTORS LICENSE NUMBERS: CALIFORNIA: 618117 ARIZONA: 103253 NEVADA: 035476
1CCb0C
TENNIS cmu RTS INC.
Reference List
Project Manager: McCarthy Budding Companies
Owner: Palm Springs Unified School District
Contact: Bobby Chambers -(760)202.4815
Project Name: Rancho Mirage HighSchooliP4
Projea Location: Rancho Mirage, CA
ProjectValue: $665,000
Project Type: (8) New Concrete Tennis Courts
Completion Date: October - 2012
Project Manager: Tilden -Coil Constructors, Inc
Omer: Riverside Unified School District
Contact: John Atherton - (95 3) 538.0609
Project Name: JW North High School Tennis Coutts
Project Location - Riverside, CA
Project Value: $170,000
Project Type: (2) New ConaeteTennis Courrs
Completion Date: December2012
Owner: Rancho Simi Recreation & Park District
Conran: Douglas Duran - (805) 584-4480
Project Name: Rancho Tapo Park & Mayfair Park
Profen Location: Simi Valley, CA
Project Values: 8999,999 - Tennis Court,
$140,000 -Playgrounds
Project Type: (8) New Concrete Tennis Courts & Playgrounds
Completion Date: 2012
Project Manager: Team Concepts, Inc
Owner: Cas Vlrgenes Unified School District
Contac: Mike Barbera - (818) 802-95 10
Project Name: Agoura High School Tennis Facility
Project Location: Agoura Hills, CA
Project Value: $400,000
Project Type:(2) New Concrete Tennis Courts
Gomplcnon Da,e: 201 o
ProjeaManager: Balfour Beatty Construction
Owner: Oak Park Unified School District
Contact: Keith Henderson - (805) 2644133
ProjectName: BathroomModemization
Project Location: Oak Park, CA
ProjectValue: $16W
Project Type: Bathroom Upgrades
Completion Date: September- 2012
Project Manager: Randy Toetder
Owner: City of Santa Paula
Contact: Randy Toetder-(805)207-3334
Pr j Name HardingParklmprovemenu
ProjectLocatlon: Santa Paula CA
Projeavalue $1,110,000
Project Type. Baseball Feld Renovation
Completion Date:2013
Owner: Conejo Recreation & Park District
Contac ShaumWehy-(805)495.6471
Project Name Conejo Creek South Park &Canada Park
Project Location: Thousand Oak; CA
Project Values: $1,000,000 -New SnadcBarBuilding
$ 110,000 -Playgrounds
ProjeccType: NewSrutaBarRenrnntion/Playground
Completion Date: 2012
Owner: Pasadena Unified School District
Con= Gerald Schobes-(805)390-2962
Project Name: Wilson Middle School
Project Location: Pasadena, CA
ProjectValue: $480,000.00
Project Type: (8) New Concrete Tennis Courts
Completion Date: 2010
618117 ARIZONA 103163 NEVADA. 035476
31133 VIA COUNAS SUITE 107 WESTLAKE VILLAGE, CA 91362 818-707-3797 818.7061951 FAX
Carmichael -Kemp Architects
Tamara J. Schaeffer
302 W. Foothill Blvd
Monrovia, CA 91016
(626) 357-9880
(626) 357-9480 fax
tammv(dckarch net
Community Works Design [`roup
Scott Rice
4649 Brockton Avenue
Riverside, CA 92506
(951) 369-0700
(951) 3694039 fax
sc040wmworksdg corn
Charles H. Strawter Design Inc
Charles Strawter
28005 Smyth Drive, Suite 175
Valencia, CA 91355
(661) 295-4631
(661(244-4911 fax
charles%lchstrawterd
LeightonGroun
Lisa A. Battiat— o — `
42575 Melanie Place, Suite A
Palm Desert, CA 92211
(760) 834-6520
(760) 776-4080 fax
ibattiatoftei6htonar
Matlock Associates Inc.
Andrew P. Milosch
1614 E. Hoft Blvd, Suite 106
Ontario, CA 91761
(909)983-7777
(909) 983-6600 fax
Andy -mi loschamatfockassoc ates com
NTD Architecture
Steven Larson
9655 Granite Ridge Drive, Suite 400 San
Diego, California 92123
(858) 565.4440
(858) 569.3433 fax
slarson@ntd.00m
CONTRACTORS LICENSE NUMBERS: CALIFORNIA 618117 ARIZONA: 103253 NEVADA: 035476
2014-2015 PLAYGROUND IMPROVEMENTS
CONTRACT NO. 5855
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 24th
day of November, 2014 ("Effective Date'), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and Malibu -Pacific
Tennis Courts, Inc., a California corporation ("Contractor'), whose address is 31133 Via
Collins, Suite 107, Westlake Village, California 91362, 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 removing and disposing
of existing improvements; installing and adjusting playground equipment;
removing and installing a drinking fountain; furnishing and installing flexible play
surface system; placing P.C.C. base and sidewalk; grading sand; and other
incidental items to complete the work in place required by the contract (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. 5855, 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 Nineteen Thousand Eight Hundred
Dollars and 00/100 ($119,800.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis,
and which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the term of the Contract. Contractor has designated Phil Carter 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 City's 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.
Malibu -Pacific Tennis Courts, Inc. Page 2
6. NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Contract, before making its
final request for payment under the Contract Documents, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. 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.).
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: Public Works Director
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: Phil Carter
Malibu -Pacific Tennis Courts, Inc.
31133 Via Colinas, Suite 107
Westlake Village, CA 91362
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
Malibu -Pacific Tennis Courts, Inc. Page 3
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.
4llongaiIPP.re
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.
i[�lliZiIi] :LA1N7i!
Consultant 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 Consultant on the Project.
11. PROGRESS
Consultant 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.
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
Malibu -Pacific Tennis Courts, Inc. Page 4
Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement 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 Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. 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
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
Malibu -Pacific Tennis Courts, Inc. Page 5
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
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
Malibu -Pacific Tennis Courts, Inc. Page 6
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.
NVAIIIIIIIIIII091i �1[rlmil 7& 11
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"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
18.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. 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.
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
Malibu -Pacific Tennis Courts, Inc. Page 7
Section, City shall pay Contractor for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Contractor has not been
previously paid. On the effective date of termination, Contractor shall deliver to City all
materials purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Contract or any other rule of
construction which might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall
govern this Contract and all matters relating to it and any action brought relating to this
Contract shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
Malibu -Pacific Tennis Courts, Inc. Page 8
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, 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]
Malibu -Pacific Tennis Courts, 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:
By: AkL,—
l
y�
Aaron C. Harp (AM %� 113111
City Attorney
ATTEST: 1
Date: /
By: Vk 1��q , M,:�_
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
t
By:
Rush N. Hill, II
Mayor
CONTRACTOR:
Courts, r\1
a Cal
Date:
libu-Pacific Tennis
PIMI garter
President/Secretary/Treasurer
ent/Secretary/Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A – Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C -- Insurance Requirements
on
Malibu -Pacific Tennis Courts, Inc. Page 10
"'BOND PREMIUM: $1,725.00 WHICH IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT
BOND EXECUTED IN DUPLICATE
Foill-11111111ci
CITY OF NEWPORT BEACH
BOND NO. 2183733
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ $1,725.00*• SEE ABOVE , being at the
rate of $ $14.40 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Malibu Pacific Tennis Courts, Inc. hereinafter designated as the "Principal," a contract
for the work necessary for the completion of this contract consists of removing and
disposing of existing improvements; installing and adjusting playground equipment;
removing and installing a drinking fountain; furnishing and installing flexible play surface
system; placing P.C.C. base and sidewalk; grading sand; and other incidental items to
complete the work in place required by the contract. 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 North American Specialty 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 Nineteen Thousand Eight Hundred Dollars and 001100 ($119,800.00) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount of the Contract, to be paid to the City of Newport Beach, its successors, and
assigns; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to
indemnify, defend, and save harmless the City of Newport Beach, its officers,
employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
Malibu -Pacific Tennis Courts, 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 Chas been duly executed by the
Principal and Surety above named, on the 2nd d y o December 20 14.
Malibu Pacific Tennis Courts, Inc.
Name of Contractor (Principal) Aut orized Signature/Title
North American Specialty Insurance Company
Name of Surety Authorized Agent Signature
6 Hutton Centre Drive, Suite 850
Santa Ana, CA 92707
Address of Surety
714-550-7799
Telephone
i'
Yung T Mullick Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Malibu -Pacific Tennis Courts, Inc. Page B-2
ACKNOWLEDGMENT
State of California
County of Orange )
On December 2, 2014 b<afore me, Christine T. Hoang.Notary Public__
(insert name and title of the officer)
personally appeared Yung T Mullick
who proved to me on the basis of satisfactory evidence to be the person()z) whose nameO isle
subscribed to the within instrument and uacknoMedged to me that he,� executed the sarne in
hisblr xftek authorized capacity( , and that by his(10v&ftak signature(K) on the instrument the
personO, or the entity upon behalf of which the person(t) 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 h nd and official seal 6 °"*�F, CHRISTI`S-=EANG
ea v COMMT NOTARYPG:�`D, py�pNGc MYCOMM.E
Signature (Seal)
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. 1HA'f North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company. a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg. Illinois, each does hereby make, constitute and appoint:
JENNIFER C. ANAYA. JAMES W. MOILANEN
and YUNG'
lie] IYIYAYfl'iYllkH:i[7:10 Wd
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed. bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies. as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION ($50,000,000.00) DOLLARS
This Power ofAttorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9d' of May. 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President. any Vice President, any Assistant Vice President
the Secretary or any Assistant Secretary be. and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLV ItD, that the signature of such officers acid the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached:'
��o��lAutyj��i�L
SIC#A °
2: 00 TF y E
By r tl .. ry VpA?OltgTs
-:T' SEAL :n= steyenr a s Sc.,.,x P a nv h ht t nanar I......ce eampan> z SEF, `� 3
jl% 1973y,nZ & Senioi Vice Presde1 ofNoTth\mean SpecialSpecialo Insaranee Company o gg
flllllllpl BY
David M.L,nsan,Vice Pmident araiishhtgmn Intenmhonnl lnswanae Company '"'"
& Vire President of fiayh 4metican SpaeinnY rnvmance CamP.,
IN NNIINESS WHEREOF. North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed. and these presents to be signed by their authorized officers this26th day of June 2012
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 26th day of June , 20 t2 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman .
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personal]\ known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of mid
aek notv]edged said instrument to be the voluntary act and deed of their respective companies,
ri
roPFTCF.4L SEAL"
DONNA D. SKLENS '
.Notary Public, state of Illinois Donna D. Sldens, Notary Public
M CoawimionExpiresiRIM015
1, leffiev Goldhere , the duly elected Assistant Secretary ot'North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN W1TN1:SS WHEREOF. I have set my hand and affixed the seals of the Companies this 2nd day of DECEMBER , 20 14 .
Jerfre GuldLeg. Vice President& AcslstantSwrttan at
Washington Imemmianal Instnnnm COmpw} & Nonh Me,,l,e. Spedullp Insurance Company
BOND PREMIUM INCLUDED IN PERFORMANCE BOND
BOND EXECUTED IN DUPLICATE
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 2183733
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Malibu Pacific Tennis Courts,. Inc. hereinafter designated as the "Principal," a contract
for the work necessary for the completion of this contract consists of removing and
disposing of existing improvements; installing and adjusting playground equipment;
removing and installing a drinking fountain; furnishing and installing flexible play surface
system; placing P.C.C. base and sidewalk; grading sand; and other incidental items to
complete the work in place required by the contract 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,
North American Specialty 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 Nineteen Thousand Eight Hundred Dollars and 00/100 ($119,800.00)
lawful money of the United States of America, said sum being equal to 100% of the
estimated amount payable by the City of Newport Beach under the terms of the
Contract; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 of the Civil Code of the State of California.
Malibu -Pacific Tennis Courts, Inc. Page A-1
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 at 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 2nd day of December _,20 14 .
Malibu Pacific Tennis Courts Inc.
Name of Contractor (Principal)
North American Specialty Insurance Company
Name of Surety
6 Hutton Centre Drive, Suite 850
Santa Ana, CA 92707
Address of Surety
714-550-7722
Telephone
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Malibu -Pacific Tennis Courts, Inc. Page A-2
ACKNOWLEDGMENT
State of Caiifornia
County of _ Orange )
On _ December 2, 2014 _ before me, Christine T. Hoang, Notary Public
(insert name and title of the officer)
personaily appeared Yung T Mullick
who proved to me on the basis of satisfactory evidence to be the person(ja) whose name(x) is/am
subscribed to the within instrument and ;acknowledg¢:d to me that hef,tbg&gy executed the same in
hiskxx hL,k authorized capacity, and that by hisliona kaix signature(s) on the instn-mitent the
person(e), or the entity upon behalf of which the person(x) 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.
V'tiITNESS My and nd officiaseal. � oPr�P GHRISTINEI HOMG
W 9, COMM. # 2008757
RNC 7ARYPUBLIC•CALIFORNIA�
(MONO
COUNTY
Signature � (Seal) `q MY COMM, EXP. FEB26,2017�
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg. Illinois, each does hereby make, constitute and appoint_
JENNIFER C. ANAYA, JAMES W. MOILANEN
and YUNG T. MULLICK
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies. as surety, on contracts of suretyship as are or may be required or permitted by
taw, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION ($50,000,000.00) DOLLARS
'[leis Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duty called and held
on the 9"' of Maw. 2012:
"RESOLVED, that any two of the Presidents. any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President.
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attomey to execute on behalf of the Company bonds_ undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company, and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached"
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Sp Specialty Immeme Company
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on, id hl.Layman. Vice president ""Iwa,mingfon Imermaimml insurance Company
& Vice President of Noon American Specialty licamenee Conrpony
IN WITNESS WI IEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this26th day of June , 2012 _
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
Count} of Cook ss:
On this 26th day of June , 20112 , before me, a Notary Public personally appeared Steven P. Anderson . Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman .
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me. who being by me duly sworn. acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
" Y-"fC6?S.FeF.AL"
DOtdNttD. SKLENS
Notary PubHe,Slate of Illinois Donna D. Sklens, Notary Public
my"comm inion Ex ies 1010 2015
1, Jeffrev Goldberg the duly elected Assistant Secretary of North American Specialty insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey given by said North
,American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNFSS WHEREOF. 1 have set my hand and affixed the seals of the Companies this 2nd day of DECEMBER , 20 14 .
JefGew Goldberg. Nice Presidem & Assislom Seerean of
Wnshingmn imemmlonol inlaaec Conymm & Nona Amencon SPemnip insure,,, ('pure,
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
Malibu -Pacific Tennis Courts, Inc.
insured contract (including the tort liability of another assumed in a
business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials employees 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
Malibu -Pacific Tennis Courts, Inc.
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of
Award". Insurance certificates and endorsements must be approved by
City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during
the term of this Contract. City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any
time during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days
advance written notice of such change. If such change results in
substantial additional cost to Contractor, City and Contractor may
renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available 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
Malibu -Pacific Tennis Courts, Inc.
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.
1. 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.
Malibu -Pacific Tennis Courts, Inc.
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 11/26/14 Dept./Contact Received From: Raymund
Date Completed: 11/26/14 Sent to: Raymund By: Chris
Company/Person required to have certificate: Malibu -Pacific Tennis Courts
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 6/13/14-6/13/15
A.
INSURANCE COMPANY: First Specialty Insurance Corp
B.
AM BEST RATING (A-: VII or greater): A+:XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
2,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include `solely by negligence' wording?
❑ Yes ®No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
H. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/15/14-1/15/15
A.
INSURANCE COMPANY: General Insurance Company of America
B.
AM BEST RATING (A-: VII or greater) A:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1/1/14-1/1/15
A.
INSURANCE COMPANY: Employers Compensation Insurance Company
B.
AM BEST RATING (A-: VII or greater): A -:X
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
E Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
eoAk
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
11/26/14
Date
® NIA ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
2014-2015 PLAYGROUND IMPROVEMENTS
CONTRACT NO. 5855
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
PR 1 of 3
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. 5855 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
Lump Sum Mobilization
@ , Dollars
and
Cents
Per Lump Sum
2. Lump Sum. Traffic Control
Dollars
and 0 ejo
Cents $
Per Lump Sum
3. 3,000 S.F. Construct 4 -Inch Thick P.C.C. Base, 3.5 -Inch Thick Cushion Layer,
and 0.54nch Thick Colored Play Surface Wear Course
@ Dollars G �" v
and
Cents $
Per Squ re Foot
PR2of3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 500 S.F. Construct 1.5 -Inch Thick Colored Play Surface
@ Dollars
and
Cents
Per Square Foot
5. Lump Sum Install and Adjust Playground Equipment at Channel Place and
Irvine Terrace Park
@F �fPIL /f���� Dollars
and
Cents
Per Lump Sum
6. Lump Sum Remove and Replace Drinking Fountain
@ ��%'� 7Hd�,VP Dollars
and
0 Cents
Per Lump Sum
7. 110 S.F. Remove Existing Cushion Layer and Colored Play Surface Wear
Course and Construct Concrete Pad
@ Dollars
and
Cents $ /d $ //l1rd: �1vr
Per Square Foot
8. 50 S.F. Provide Additional Cushion Layer Buffings
@ Dollars
and
Cents $
Per Square Foot
9. 2,500 S.F. Construct 0.5 -Inch Thick Colored Wear Course
@ Dollars
and
Cents $ /U 4/J
Per Square Foot
10 Lump Sum Install and Adjust Playground Equipment at Spyglass Hill
Reservoir Park
Dollars
and
Cents
PR3of3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
Per Lump Sum
11. 40 L.F. Remove and Replace Turned down Edge over Concrete at
Channel Place Park Place
@ Dollars
and
Cj Cents $90J $
Per Linear Foot
12. Lump Sum Provide As -Built Drawings (Fixed)
@ five -hundred Dollars
and
Zero Cents $ 500.00
Per Lump Sum
and Z—_ C,' C) Cents
�,D�Zx_)WCA'A
Date �
Bidder's Telephone and Fax Numbers
LPN n Q_--7
Bidder's License N&( -S).'
and Classification(s)
Bidder's email address:
Dollars
$ 1 \CA .
Total Price (Figures)
IV
Bidder's Authorized Signature and Title
Bidder's Address
C_c>t-A
Last saved by ptauscherl0/02/2014 5:55 PM
is\users\pbw\shared\contracts\fyl4-15 current projects\400 - parks, harbors and beaches\c-5855 - tot lot resurfacing cap 15-0031 \proposal-
c-5855.doc
Y�C__
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
2014-2015 PLAYGROUND IMPROVEMENTS
CONTRACT NO. 5855
PART 1: GENERAL PROVISIONS
Section 2 — Scope and Control of the Work
2-5 Plans and Specifications 1
2-6 Work to be Done 1
Section 3 — Changes in Work
3-3 Extra Work 2
Section 4 — Control of Materials 2
4-1 Materials and Workmanship 2
Section 6 — Prosecution, Progress and Acceptance of the Work 3
6-1 Construction Schedule and Commencement of Work 3
6-7 Time of Completion 3
6-9 Liquidated Damages 4
Section 7 — Responsibilities of the Contractor 4
7-8 Project Site Maintenance 4
7-10 Public Convenience and Safety 5
7-15 Contractor's Licenses 7
7-16 Contractor's Records/As-Build Drawings 7
Section 9 — Measurement and Payment 7
PART 2: CONSTRUCTION MATERIALS
Section 201 — Concrete, Mortar and Related Materials 10
201-1 Portland Cement Concrete
10
Section 203 — Bituminous Materials 10
203-15 Rubberized Playground Surfaces
PART 3: CONSTRUCTION METHODS
300-1 Clearing and Grubbing
11
APPENDIX A 12
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
2014 — 2015 PLAYGROUND IMPROVEMENTS
CONTRACT NO. 5855
11►"101411Z611119W.
Alt work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. P -5233-S); (3) the Work
Schedule, (4) the City's Standard Special Provisions and Standard Drawings for Public
Works Construction, (2004 Edition), including Supplements; (5) _Standard Specifications
for Public Works Construction (2009 Edition), including supplements. Copies of the
Standard Special Provisions and Standard Drawings may be purchased at the Public
Works Department. Copies of the Standard Specifications may be purchased from
Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-
0970.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1
GENERAL PROVISIONS
SECTION 2 ---SCOPE AND CONTROL OF THE WORK
2-5 PLANS AND SPECIFICATIONS
2-5.3 Shop Drawings and Submittals
2-5.3.1 General. Add to this section: "Contractor shall prepare and submit a 4 -
inch by 6 -inch sample of each required flexible play surface."
2-6 WORK TO BE DONE. Add to this section, "The work necessary for the completion
of this contract consists of removing and disposing of existing improvements; installing
and adjusting playground equipment; removing and installing a drinking fountain;
furnishing and installing flexible play surface system; placing P.C.C. base and
sidewalk;grading sand; and other incidental items to complete the work in place
required by the contract."
SP1 of 17
SECTION 3 ---CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
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 for in this subsection, one (1) percent
shall be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied
to the Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent on
work added in excess of $5,000 of the subcontracted portion of the extra work may
be added by the Contractor.
SECTION 4 ---CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be used in
the work until it has been inspected and accepted by the Engineer. The Contractor
shall furnish the Engineer full information as to the progress of the work in its various
parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's
readiness for inspection. Submittals are required for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SP2of17
SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this
section: "The time of completion as specified in Section 6-7, shall commence on the
date of the 'Notice to Proceed.'
No work shall begin until a 'Notice to Proceed' has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a construction schedule to the Engineer for
approval a minimum of five working days prior to commencing any work. Schedule may
be bar chart or CPM style.
The Engineer will review the 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 schedule, the Contractor shall be prohibited from starting additional work
until Contractor has exerted extra effort to meet the original schedule and has
demonstrated the ability to maintain the approved 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."
6-7 TIME OF COMPLETION
6-7.1 General. Add to this section: "The Contractor shall complete all work
under the Contract within 25 consecutive working days after the date on the
Notice to Proceed. Contractor shall work on and complete one site at a time.
Construction shall not occur at more than two locations at any one time. Contractor
shall obtain separate permission to start work on each location from the Engineer. If
the work is progressing satisfactorily, the Engineer may allow the Contractor to work on
additional work sites simultaneously.
The Contractor shall ensure the availability 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 for 100 percent completion of work."
6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st
the third Monday in January (Martin Luther King Day), the third Monday in February
(President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in
September (Labor Day), November 11 t" (Veterans Day), the fourth Thursday and Friday
in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half
day), December 25th (Christmas), and December 31St (New Year's Eve — half day). If
January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following
Monday is a holiday."
6-7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m.,
Monday through Friday.
SP3of17
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours
prescribed above.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working
during any of these 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 $123.00 per hour when such time periods are
approved.
6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "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
$250.00."
Revise paragraph two, -sentence one, to read: "Execution of the Contract shall
constitute agreement by the Agency and Contractor that $250.00 per day is the
minimum value of the costs and actual damage caused by the failure of the Contractor
to complete the Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations."
SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR
7-8 PROJECT SITE MAINTENANCE
7-8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor
elects to use City water, he shall arrange for a meter and tender an $813 meter deposit
with the City. upon return of the meter to the City, the deposit will be returned to the
Contractor, less a quantity charge for water usage and repair charges for damage to the
meter. Water used during construction shall be paid for by the Contractor."
7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all
water used during sawcutting operations, containing mud, silt or other deleterious material
due to the construction of this project shall be treated by filtration or retention in settling
basin(s) sufficient to prevent such material from migrating into any catch basin, Newport
Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction
Runoff Guidance Manual which is available for review at the Public Works Department or
can be found on the City's website at http://www.newportbeachca.gov/publicworks."
7-8.6.1 Best Management Practices and Monitoring Program. The
Contractor shall submit a Best Management Practice (BMP) plan for containing any
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wastewater or storm water runoff from the project site including, but not limited to the
following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuuming the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City of Newport
Beach will monitor the adjacent storm drains and streets for compliance. Failure of the
Contractor to follow BMP will result in immediate cleanup by City and back -charging the
Contractor for all costs plus 15 percent. The Contractor may also receive a separate
Administrative Citation per Section 14.36.030A23 of the City's Municipal Code.
Contractor shall also comply with the Clean Air and Water Act summarized is Section
S-1 of the Specifications.
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide
traffic control and access in accordance with Section 7-10 of the Standard
Specifications and the Work Area Traffic Control Handbook (WATCH), also published
by Building News, Inc.
The Contractor shall maintain access to the all recreation facilities outside the
construction areas at all times. In addition the Contractor shall fence off the entire work
area with a 6 -foot high temporary fence during construction."
7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "Construction materials and equipment may only be
stored on project site, streets, roads, parking lot, or sidewalk areas if approved by the
Engineer. It is the Contractor's responsibility to obtain an area for the storage of
equipment and materials. The Contractor shall obtain the Engineers 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."
7-10.4 Safety
7-10.4-1 Safety Orders. Add to this section: "The Contractor shall be solely
and completely responsible for conditions of the job -site, including safety of all persons
SP5of17
and property during performance of the work, and the Contractor shall fully comply with
all State, Federal and other laws, rules, regulations, and orders relating to the safety of
the public and workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place
"NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs)
which he shall post at least forty-eight hours in advance of the need for enforcement.
The signs will be provided at no cost to the Contractor. However, the City reserves the
right to charge $1.50 per sign following any excessive abuse or wastage of the signs by
the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's
Police Department at (949) 644-3717 for verification of posting at least forty-eight hours
in advance of the need for enforcement. The signs shall (1) be made of white card
stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be
City of Newport Beach "Temporary. Tow -Away, No Parking" signs, which are
available at the Public Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY' sign in 2 -inch high letters and numbers. A sample of the
completed sign shall be reviewed and approved by the Engineer prior to posting.
7-10.7 Notices to Residents. Ten working days prior to starting work, the
Contractor shall deliver a construction notice to residents within 100 feet of the project,
describing the project and indicating the limits of construction. The City will provide the
notice.
Forty-eight hours prior to the start of construction, the Contractor shall distribute to the
residents a second written notice prepared by the City clearly indicating specific dates
in the space provided on the notice when construction operations will start for each
block or street, what disruptions may occur, and approximately when construction will
be complete. An interruption of work at any location in excess of 14 calendar days shall
require re -notification. The Contractor shall insert the applicable dates and times at the
time the notices are distributed.
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re -notification using an explanatory
letter furnished by the City.
7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of
work, the Contractor shall possess a General "A" Engineering Contractor's License.
At the start of work and until completion of work, the Contractor and all Sub -contractors
shall possess a Business License issued by the City of Newport Beach.
SP6of17
7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS. A stamped set of
approved plans and specifications shall be on the job site at all times. In addition, 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 bill is submitted.
Any changes to the approved drawings that have been made with approval from the
Engineer of Record or City Inspector shall be documented on the "As -Built" drawings.
The "As -Built" drawings shall be submitted and approved by the Engineer prior to final
payment or release of any bonds.
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.
SECTION 9 ---MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid
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 limited to,
providing bonds, insurance, and financing; establishing a construction yard; delivering
all required notifications; preparing the BMP Plan and construction schedule; providing
submittals and sanitary facilities; attending all construction meetings; constructing a
temporary construction/security fence around the perimeter of the project sites to the
satisfaction of the Engineer; posting all necessary notifications and construction safety
signage; and all other related work as required by the Contract Documents.
Item No. 2 Traffic Control: Work under this item shall include, but not limited
to, the cost of all labor, equipment to provide all traffic control measures. This item
shall include providing all signs, cones, barricades, flag persons. The Contractor shall
be responsible for processing and obtaining approval of traffic control plans from the
City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic
control plan, ttypical closures shall conform to the provisions of the WORK AREA
TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition.
Item No. 3 Construct 4 -Inch Thick P.C.C. Base, 3.5 -Inch Thick Cushion Layer,
and 0.5 -Inch Thick Colored Play Surface Wear Course: Work under this item shall
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include, but not limited to, removing and disposing existing improvements and sand to
accommodate improvements; compacting subbase; constructing a 4 -inch thick P.C.C.
base with thickened edge and doweling, 3.5 -inch thick cushion layer; and 0.5 -inch thick
colorized wear course with aliphatic binder far the playground surface per drawings; and
all other work items as required to complete the work in place. A receipt and warranty
certificate stating the City as the owner of the new playground surface entitled to
warranty coverage shall be provided under this payment item.
Item No. 4 Construct 1.5 -Inch Thick Colored Play Surface: Work under this
item shall include, but not limited to, removing and disposing the top 1.5 -inches of the
existing play surface layer per details; constructing a 1.5 -inch thick play surface
consisting of 1 -inch of cushion layer and 0.5 -inch colorized wear course with aliphatic
binder for the playground surface to match the color per drawings; and all other work
items as required to complete the work in place. A receipt and warranty certificate
stating the City as the owner of the new playground surface entitled to warranty
coverage shall be provided under this payment item.
Item No. 5 Install and Adjust Playground Equipment at Channel Place and
Irvine Terrace Park: Work under this item shall include, but not limited to, removing and
disposing existing playground equipment; installing and adjusting City -furnished
playground equipment; and verifying compliance with the Consumer Product Safety
Commission's Public Playground Safety Handbook requirements per plans. Adjustment
may include raising and lowering of playground equipment, installing new equipment
such as clamps and climbing tie downs, providing new foundations for equipment,
removing unnecessary or interfering equipment, and all other work items as required to
complete the work in place.
Item No. 6 Remove and Replace Drinking Fountain: Work under this item
shall include, but not limited to, saw cutting the 8 -Inch thick sidewalk; removing existing
drinking fountain; installing city -furnished drinking fountain on a P.C.C. pad per
manufacturer specifications; connecting to existing plumbing; disposing excess
material; joining to new P.C.C. sidewalk (full panels) per CNB STD -180-L; and all other
work necessary to complete work in place.
Item No. 7 Remove Existing Cushion Layer and Colored Play Surface Wear
Course and Construct Concrete Pad: Work under this item shall include, but not limited
to, removing and disposing existing play surface; compacting base; grading sand;
adjusting sidewalk to adjacent elevation; constructing 4 -inch thick P.C.C. sidewalk per
CNB STD -180-L, and all other work necessary to complete work in place.
Item No. 8 Provide Additional Cushion Layer Buffings: Work under this item
shall include proving cushion layer buffings per the direction of the Engineer prior to
installing new wear course layer.
Item No. 9 Construct 0.5 -Inch Thick Colored Wear Course: Work under this
item shall include, but not limited to, removing and disposing the necessary existing
wear course surface; constructing a 0.5 -inch thick colorized wear course with aliphatic
SP8of17
binder for the playground surface that per plans; and all other work items as required to
complete the work in place. A receipt and warranty certificate stating the City as the
owner of the new playground surface entitled to warranty coverage shall be provided
under this payment item.
Item No. 10 Install and Adjust Playground Equipment at Spyglass Hill
Reservoir Park: Work under this item shall include, but not limited to, installing and
adjusting City -furnished playground equipment; constructing equipment foundations,
grading and compacting sand and base materials at Spyglass Hill Reservoir Park, and
placing base material. The contractor shall observe weight capacity limit maximum of
350 pounds per square foot while working in the vicinity of the reservoir beneath the
playground during all construction activities. The contractor shall verify compliance with
the Consumer Product Safety Commission's Public Playground Safety Handbook
requirements. Adjustment may include raising and lowering of playground equipment,
as required to complete the work in place.
Item No. 11 Remove and Replace Turned down Edge over Concrete at
Channel Place Park Place: Work under this item shall include, but not limited to,
removing existing turned down edge; constructing turn down edge per drawing details
and 3.5 -inch cushion layer; and all other work necessary to complete the work in place.
Item No. 12 Provide As -Built Drawings: Work under this item shall include,
marking up Contract drawings with as -built conditions and 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 payment request.
9-3.2 Partial and Final Payment. Add to this section: "Partial payments for
mobilization and traffic control shall be made in accordance with Section 10264 of the
California Public Contract Code."
SP9of17
PART 2
CONSTRUCTION MATERIALS
SECTION 201 --- CONCRETE MORTAR AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement
Concrete for construction shall be Class 560-C-3250."
SECTION 203 --- BITUMINOUS MATERIALS
203-15 RUBBERIZED PLAYGROUND SURFACES
203-15.1 General. The Contractor shall hire an experienced sub -contractor or have
crews experienced in constructing a 3.5 -inch thick cushion layer, with a 0.5 -inch
colorized playground wear surface, on a 4 -inch thick P.C.C. slab. The Contractor shall
submit references for the sub -contractor's previous work involving the construction of
rubberized play surfaces to the Engineer for approval.
The flexible surface cushion layer shall be consist of shredded styrene butadiene
rubber (SBR) adhered with a 100 percent solids polyurethane binder.
The colorized wear course shall be 0.5 -inch thick consisting of colorized Ethylene
Propylene Diene Monomer (EPDM) particles with an Aliphatic Binder.
The rubberized playground surface shall be "Poured -in-place playground surfacing" as
manufactured by Tot Turf or approved equal and available through:
Tot Turf
4145 W. Mercury Way
Chandler AZ, 85226
Phone: (800) 858-0519
So. Cal Dist: Mark Hollowell
Phone: (818) 397-6273
This material shall be installed either by a factory -qualified installer or by an installer
that has satisfactorily installed this material on a minimum three (3) different contracted
projects. A list of references for the previously completed work is required.
203-15.2 Installation. The playground surfaces shall be installed per Tot Tuff
specifications, or approved equivalent, to fully comply with ASTM and CPSC guidelines
and standards for playground safety. Manufacturers installation guidelines have been
included as Appendix A for reference.
SP 10 of 17
CONSTRUCTION METHODS
SECTION 300 ---EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Add to this Section: "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 provided upon request or be found on the City's website at:
www/newportbeachca.aov/.qeneralservices and clicking on refuse, then selecting the
link Franchised Haulers List."
300-1.3.1 General. Add to this section: 'The work shall be done in
accordance with Section 300-1.3.2 of the Standard Specifications except as modified
and supplemented herein.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
will remove any broken concrete, debris or other deleterious material from the job site at
the end of each workday."
300-1.5 Solid Waste Diversion. Non -reinforced concrete and asphalt wastes
generated from the job site shall be disposed of at a facility that crushes such materials
for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a
sanitary landfill.
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 on a form provided by the Engineer and provide
appropriate confirmation documentation from the recycling facility.
SP 11 of 17
PART 1 - General
POURED IN PLACE PLAYGROUND SURFACING
Poured in place rubber playground surfacing shall consist of a polyurethane binder
mixed with 100% recycled, shredded tire buffings which will make up the cushion layer.
The cushion layer is capped with EPDM rubber granules mixed with a polyurethane
binder creating the wear course. Surfaces shall comply with ADA and CPSC guidelines
as well as ASTM Standards.
PERFORMANCE REQUIREMENTS
Area Safety:
Poured in place within playground equipment use zones shall meet or exceed the
performance requirements of the CPSC, ADA, and Fan Height Test ASTM F 1292-
04. The surface must yield both a peak deceleration of no more than 200 G -max
and a Head Injury Criteria (HIC) value of no more than 1,000 for a head -first fall
from the highest accessible portion of play equipment being installed as shown
on drawings.
Accessibility:
Children's outdoor play areas shall be in compliance with the Uniform Federal
Accessibility Standards (UFAS) FED -STD -795 and the Architectural and Engineer
Instructions (9AEi) Design Criteria. The requirements of the Americans with
Disabilities Act Accessibility Guidelines (ADAAG) 28 CFR Part 36 that provide
equal or greater accessibility than the requirements of UFAS must also be met in
children's outdoor play areas.
Poured in place surfaces intended to serve as accessible paths of travel for
persons with disabilities shall be firm, stable and slip resistant, and shall meet
the requirements of ASTM F 1951- 08 and ASTM F 1292-04.
Poured in place surfaces shall be manufactured and installed by trained and
experienced installers.
Submittals:
The following shall be submitted for rubber surfacing for playgrounds:
• One original hard copy of the submittal package will be provided.
• Manufacturer's descriptive data and installation instructions.
• Manufacturer's details showing depths of wear course and sub -base materials,
anchoring systems and edge details.
SP 12 of 17
• Upon request, a listing of comparable installations where products similar to
those proposed for use have been installed and have been in service for a
minimum period of three years. This list shall include owner, address of
installation, date of installation, contact person, and phone number.
• Upon request, 4 -inch by 6 -inch samples of the proposed material for this project.
IPEMA certification shall be mandatory.
Delivery, Storage and Handling:
Materials and equipment shall be delivered and stored in accordance with the
manufacturer's recommendations.
Project Site Conditions:
Poured in Place surfacing must be installed on a dry sub -surface, with no
prospect of rain within the initial drying period, and within the recommended
temperature range of the manufacturer. Installation in weather condition of
extreme heat, less than 55 degrees (F), and/or high humidity may affect cure time,
and the structural integrity of the final product. Immediate surrounding sites must
be reasonably free of dust conditions or this could affect the final surface look.
Warranty:
Poured in place surface shall maintain required impact attenuation
characteristics and be guaranteed against defects in workmanship and material
for a limited five (5) year period. Warranty will be specific to maintenance
requirements and performance standards of completed product.
PART2-PRODUCTS
Safety surfacing shall consist of synthetic materials meeting the requirements of this
specification.
Section 2.01
Product Scope
(a) Poured in Place Surface: The poured in place surface shall consist of 100
percent recycled shredded tire material mixed with a polyurethane and
capped with either an EPDM granule and mixed with polyurethane.
b) It shall consist of a uniform material manufactured in such a way that the
top portion meets the requirements specified herein for wear surface.
c) The type of safety surfacing shall be a poured -in-place system and shall be
indicated on the drawings.
SP 13 of 17
Cushion Laver Section
(a) Impact Attenuating Cushion Layer: Cushion Layer consists of shredded
styrene butadiene rubber (SBR) adhered with a 100 percent solids
polyurethane binder to form a resilient porous material.
(b) Strands of SBR may vary from 0.5 mm - 2.0 mm in thickness by 3.0 mm -
20 mm in length. Binder will be between 18-20 percent of the total
weight of the granules used in the wear surface and shall provide 100
percent coating of the particles.
(c) Foam or rubber granules are not to be permitted in cushion layer
(d) Binder shall be between 10-14 percent of the total weight of the
material, and shall provide 100 percent coating of the particles.
(e) The cushion layer shall be compatible with the wear course and must
meet requirements herein for impact attenuation.
SECTION 2.03 WEAR COURSE
(a) Wear Course shall consists of Ethylene Propylene Diene Monomer(EPDM) or
Thermal Plastic Vulcanized (TPV) granules with polyurethane binder
formulated to produce an even, uniform, seamless surface up to 2000 square
feet.
(b) EPDM shall be peroxide cured with an EPDM content of 26 percent and shall
include a Processing aid to prevent hardness with 26% poly content to
maintain dynamic testing characteristics, weatherization and UV stability.
(c) ASTM 0 2240 (Shore A) hardness of 55-65, not less than 26 percent rubber
hydrocarbons.
(d) Size of rubber particles shall be 1-3 mm across. Binder shall be not less than
20 percent of total weight of rubber used in the wear surface, and shall
provide 100 percent coating of the particles.
(e) TPV shall be angular granules with a (Shore A) hardness of 650A ±5 and
particle size between 1-4mm. Binder shall be not less than 20 percent of total
weight of rubber used in the wear surface, and shall provide 100 percent
coating of the particles.
(f) Thickness of wear course shall be a minimum 0.5- inch.
(g) The wear course shall be porous.
SECTION 2.04 BINDER
(a) No Toluene Oiphenel Isocyanate (TOI) shall be used.
SP 14 of 17
(b) No filler materials shall be used in urethane such as plasticizers and the
catalyzing agent shall contain no heavy metals.
(c) Weight of polyurethane shall be no less than 8.5 lbs/gal and no more than 9.5
lbs/gal.
(d) Manufacturer is permitted to modify the type of urethane required to match
extreme weather conditions. Substitutions must be equal to or exceed
VORAMER quality and be manufactured by Dow Chemical.
PART 3 - MATERIALS
(a)
Wear Course - EPDM Granules:
Manufacturer. RTH Processing, Inc.
As distributed by: Robertson Industries,
Inc. - (800) 858-0519
Location Used: Playground Area
(b)
Wear Course- TPV Granules:
Manufacturer: Rosehill Polymers
As distributed by: Robertson Industries,
Inc. - (800) 858-0519
Location Used: Playground Area
(c)
Cushion Layer - TotTurf Shredded SBR
As distributed by: Robertson Industries,
Inc. - (800) 858-0519
Location Used: Playground Area
(d)
Binder - VORAMER MR 1099- extreme
heat and humidity conditions
Manufacturer: Dow Chemical
As distributed by: Robertson Industries,
Inc. - (800) 858-0519
Location Used: Playground Area
(e)
Binder - VORAMER MR 1105- normal weather conditions
Manufacturer: Dow Chemical
As distributed by: Robertson Industries,
Inc. - (800) 858-0519
Location Used: Playground Area
(f)
Binder- Voramer MR 1108- humid conditions
Rubber Surfacing For Playgrounds T --
Manufacturer: Dow Chemical
As distributed by: Robertson Industries,
Inc. - (800) 858-0519
Location Used: Playground Area
(g)
Binder- Voramer MR 1160
Manufacturer: Dow Chemical
As distributed by: Robertson Industries,
Inc. - (800) 858-0519
Location Used: Playground Area
Malmo EVA
(h) Binder- Aliphatic Manufacturer:
Manufacturer: Marchem Pacific, Inc.
As distributed by: Robertson Industries, Inc. - (800) 858-0519 Playground Area
Location Used: Playground Area
PART 4 -EXECUTION
Section 4.01 SITE PREPARATION
(a) Finished Grade: Verify that finished elevations of adjacent areas are as indicated
on the drawings, that the appropriate subgrade elevation has been established
for the particular safety surface to be installed, and that the subsurface has been
installed in a true, even plane, and sloped to drain as indicated in drawings. To
conform with ADA guidelines there must not be more than a two percent slope.
(b) Sub base: Tolerance of concrete subbase shall be within 1/8 inch in 10 feet.
Tolerance of subbase shall be within 3/8 inch in 10 ft. Verify that subbase has
been fully compacted in 2" watered lifts to 95 percent or greater.
(c) Curing of Concrete: If poured in place surfacing is installed, verify that concrete
subbase has cured and that all concrete curing compounds and other
deleterious substances that might adversely affect adhesion have been
removed. Surface shall be clean and dry.
(d) Drainage: Verify that sub -surfacing drainage, if required, has been installed to
provide positive drainage.
Section 4.02 INSTALLATION
(a) Poured in Place Surfacing: Components of the poured in place surfacing shall be
mixed on site in a rotating tumbler to ensure components are thoroughly mixed
and are in accordance with manufactures recommendations. Installation of
surfacing shall be seamless up to 2,000 square feet per day and completely
bonded to concrete of subbase. Material shall cover all foundations and fill
around all elements penetrating the surface.
(b) Cushion Layer: Whenever practical, cushion layer of surfacing material shall be
installed in one continuous pour on the same day of up to 2,000 square feet.
When a second pour is required, step the seam and fully coat the step of the
previous work with polyurethane binder to ensure 100 percent bond with new
work. Apply adhesive in small quantities so that new cushion layer can be placed
before the adhesive dries.
(c) Wear Course: Wear Course must be either high quality peroxide cured EPDM or
TPV granules. Wear surface shall be bonded to cushion layer. If necessary,
additional primer will be used between the cushion layer and wear course. Apply
adhesive to cushion layer in small quantities allowing the wear course to be
SP 16 of 17
applied before adhesive dries. Surface shall be hand troweled to a smooth, even
finish. Except where the wear course is composed of differing color patterns,
pour shall be continuous and seamless up to 2,000 square feet per day. Where
seams are required due to color change, size or adverse weather, a step
configuration will be constructed to maintain wear course integrity. The edge of
initial pour shall be coated with adhesive and wearing surface mixture shall be
immediately applied. Pads with multiple seams are encouraged to include a top
coat of urethane before being placed into use. Butt joint seams are not
acceptable except for repairs. Under special conditions and with owners written
approval seams may be permitted in same color pad. Consult with manufacturer
for specific applications.
(d) Perimeter: Concrete perimeter must be saw cut to size indicated on plans, or
formed during pour, with surfacing rolled down inside void. Primer adhesive must
be applied to all sides of the void. When connecting to a concrete curb or
boarder the hardened edge shall be primed with adhesive and the final 2 -inches
shall be tapered to allow the wear surface material to be a minimum of 1 -inch
thick where it joins the concrete edge.
(e) Thickness: Construction methods, such as the use of measured screeds 1/16
inch (1.0 mm) thicker than the required surfacing depth, shall be employed to
ensure that full depth of specified surfacing material is installed. Surfacing
system thickness throughout the playground equipment use zone shall be as
required to meet the impact attenuation requirements specified herein.
(f) Clean Up: Contractor shall work to minimize excessive adhesive on adjacent
surfaces or play equipment. Spills of excess adhesive shall be promptly cleaned.
(g) Protection: The synthetic safety surface shall be allowed to fully cure in
accordance with Manufacturer's instructions. The surface shall be protected by
the Contractor from all traffic during the curing period of 48 hours or as instructed
by the Engineer.
1:121IW
SP 17 of 17
CITY OF
F NEWPORT REACH
City Council Staff Report
November 25, 2014
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644-3330,
dawebb@newportbeachca.gov
PREPARED BY: Peter Tauscher, Civil Engineer
PHONE: (949) 644-3316
TITLE: 2014-2015 Playground Improvements - Award of Contract No. 5855 (CAP15-0030
and CAP15-0031)
ABSTRACT:
Staff has received favorable bids for the 2014-2015 Playground Improvements project and is requesting
City Council approval to award the construction contract to Malibu Pacific Tennis Courts, Inc. of Westlake
Village, California.
RECOMMENDATION:
a) Approve the project plans and specifications;
b) Award Contract No. 5855 to Malibu Pacific Tennis Courts, Inc. (Malibu Pacific) for the total bid price of
$119,800.00, and authorize the Mayor and the City Clerk to execute the contract; and
c) Establish an amount of $18,200.00, approximately 15 percent, to cover the cost of unforeseen work.
FUNDING REQUIREMENTS:
Sufficient funding for the award of this contract is available in the following funds:
Account Description Account Number Amount
Building Excise Tax 7271-C4002021 $ 73,000.00
Building Excise Tax 7271-C4002020 $ 65,000.00
Total:$ 138,000.00
Proposed uses are as follows:
Vendor Purpose Amount
Malibu Pacific Construction Contract $ 119,800.00
Malibu Pacific Construction Contingency $ 18,200.00
Total:$ 138,000.00
La
DISCUSSION:
At 10:00 A.M. on October 23, 2014,
BIDDER
Low Malibu Pacific
2 R.E. Schultz Construction
3 ACE CD, Inc.
4 Vido Samarzich, Inc.
5 Aghapy Group, Inc.
the City Clerk opened and read the following bids for this project
TOTAL BID AMOUNT
$
119,800.00
$
138,500.00
$
148,449.70
$
178,000.00
$
186,300.00
The low bidder, Malibu Pacific, possesses a valid and current California State Contractors License
Classification "A" as required by the project specifications. A check of the contractor's references indicates
satisfactory completion of similar projects for other public agencies including the Cities of Santa Paula and
Lawndale. Malibu Pacific's total bid amount is approximately six percent above the Engineer's Estimate of
$113,100.00.
The work necessary for the completion of this contract consists of removing and disposing of existing
playground improvements; installing and adjusting playground equipment; removing and installing a
drinking fountain; and installing flexible play surface systems at six playgrounds throughout the City.
Pursuant to the Contract Specifications, the Contractor will have 25 consecutive working days to complete
the work.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15302(c) (Construction resulting in no expansion of facility capacity) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have
a significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Location Mao
LIM
JOHN WAYNE
AIRPORT
CITY OF
COSTA MESA
PAC/F/C
OCEAN ..
................
................
PROJECT
LOCATIONS
1 - CHANNEL PARK PLACE
2 - IRVINE TERRACE PARK
3 - BAYSIDE PARK
4 - BUFFALO HILLS PARK
5 - HARBOR VIEW PARK
6 - SPYGLASS HILL RESERVOIR PARK
2014-2015
PLAYGROUND IMPROVEMENTS
LOCATION MAP
CITY OF
IRVINE
A
NTS
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-5855 1 11/25/14
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