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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." ooIIINI/N e.. V &?!rl ON., � - y a' icrru =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 2�' aj ,n ��i1bON a .• 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 ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 90 of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �rDllllllllf/Nf _ 3 6¢'OPPDAijpC' 4 yy22 0 B 0' •. 4cSE/3LJ� 3W`y 1873 Steven P. Andenpq Seniur Via Preaidem of W.,hingmnlntc,ioaional lmunrce Ciioe 2/a Oi a,: &Swart Vice Peetidenl of No1h American Spcelnlly lnmranice Company / I—: Zif�•,'$O Nllllla �g lit` B -' t 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 ware ofC„a �*+NTRACTORS STATEl,IC6V$E gpqW W A111E UC6 618117 CORP a--•-- MAUBU - PACIFIC TENNIS COURTS INC y.®.aC-8 AS 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" I( fill \\\++�111ItYrllyyri�G ye. POAq' Gly{OftPO a ,R,"��iPt1C'iA(rA°.� V =x: uoP rF.?yc Br.nsrso Z SEAL me stele P. I s N President fw x" I t nonaunsurame centrally Sp Specialty Immeme Company O SEA' ':ej =,rz 1979 v,'n� ``k e.pa & sector Viae PreaadeI at earth Amer¢ `c dur I lia.H�\+ B)4R.pe, 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 SP4of17 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 SP7of17 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 =m