Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-8494-1 - 2017-2018 Playground Improvements
April 10, 2019 R.E. Schultz Construction, Inc. Attn: Richard Schultz 2194 Katella Avenue, Suite 102 Orange, CA 92676 Subject: 2017-2018 Playground Improvements — C-8494-1 Dear Mr. Schultz: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov On April 10, 2018, 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 12, 2018 Reference No. 2018000130245. The Surety for the contract is U.S. Specialty Insurance Company and the bond number is 1001078418. Enclosed is the Faithful Performance Bond. Sincerely, �4z4o' 4,x Leilani I. Brown, MMC City Clerk Enclosure (,Premium subject to Ijustment based on final c tract price) EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001078418 The premium charges on this Bond is $4,175 , being at the rate of $ 19.72 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to R.E.Schultz Construct ion,Irc.hereinafter designated as the "Principal," a contract for Playground Improvements 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. (contract No. 8494-1) 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 U.S. 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 '20lrr Oe-s'l.EErds3mElydn3l&by4lz@ollars ($211, 735 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the 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 Page B-1 Bond No. : )1078418 thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 11th day of October 2017 R.E. Schultz Construction, Inc Name of Contractor (Principal) U.S. Specialty Insurance Company Name of Surety 801 S Figueroa St #700 Los Angeles, CA 90017 Address of Surety 310-649-0990 Telephone APPROVED AS TO FORM: CITY ATT`T Y' OFFICE Date: �(jj // By: – — _ Aaron C. Harp City Attorney hresident Rich°ar3dE c uTRitle Authorized Apent Signature Blake A Pfister, Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of coun�tyy� �or w ss. r ✓ On (XTO 1 20 before rn (�YICIren P'�It' \\VI Notary Public, personally appeared ✓✓((��1 (�(Mul{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 hefshe" executed the same in hisNierkheir authorized capacity(ies), and that by hisAiefteir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(Oacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CHELSEA MAE SVIR o COMM. # 2097883 NOTARY PUBLIC CALIFORNIA 3 ORANGE COUNTY s My comm. expires Jan. 24, 2019 t lgnature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page B-3 CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE , A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Qsang e- ) On October 11, 2017 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. P f Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(lo whose names) Is/a* subscribed to the within instrument and acknowledged to me that he/fit executed the same In hlW*Wi igMrir authorized capacity((fllq), and that by his/AIIllilft tr'signature(I) on the instrument the person*), or the entity upon behalf of which the person(fil acted, executed the Instrument. d I IMINE. NAHIMA a NOTARY PUB IC-C,41FOMA� ORANGE COUNTY Vj MY COMM. LAP. DPC 5, A19 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Calffornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur4:7jl<A t r k&-, Signature of Notary Public OPT70NAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bond 1001-78418 Document Date: October 11, 2017 Number of Pages: Signer(s) Other Than Named Above: N/A, Nene Capacity(les) Claimed by Signer(s) Signer's Name: Blake A. Pfister D Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 14 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: U. S. S pe c i a l t y Insurance Company Signer's Name: ------- ❑ Corporate Officer — Title(s); _ ❑ Partner — ❑ Limited ❑ General L7 Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Blake A. Pfister of Mission Viejo, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ This Power of Attorney shall expire without further action on November 3, 2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be U Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary. or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as AlNrney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:. - - Allomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomay-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.. - Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this I st day of November, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY OI No Q ���10.PCrORS 1!4 ,,,JtES aUReT, .SON. C4p, `a01 \ns re p, o�' By: jL Daniel P g 1 ,Ice president "p 9��F00.N`Po` A notary public or other officer completing this certificate verifies only the identity of the individual wbo signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this tat day of _ November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company,United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OZ SABINA MORGENSTEIN Commission N 2129258 Signature (Seal) Notary Public - California Los Angeles County My Comm, Expires Nov 3, 2011 1, Kin Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 11 t h day of October 201,7 C Corporate Seals `°aac:oarr, `"5°suR °'NoSH9rr', .",°;"; t .I " P yo .o ,.e �p ..... � n . F 9!... Y �a Bond No, 1001078418 *e� `�_ =w= ; -w i Kin Lo Assistant Secretary 3074 "",.... •.........., tea°` r............i 5 i Agency No. 'p4GiiF00.N\P`LP• y,*i0 :iii 9Te OF'Te+,"..c. June 18, 2018 R.E. Schultz Construction, Inc. Attn: Richard Schultz 2194 E Katella Avenue, Suite 102 Orange, CA 92676 Subject: 2017-2018 Playground Improvements C-8494-1 Dear Mr. Schultz: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 Fax newportbeachca.gov On April 10, 2018 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 12, 2018, Reference No. 2018000130245. The Surety for the bond is U.S. Specialty Insurance Company and the bond number is 1001078418. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure (Premium 4 luded in the Performance ' -id) EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 1001078418 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to R.E.schultz Construct ionlmhereinafter designated as the "Principal," a contract for Playground Improvements 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. (Contract No. 8494-1) 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, U.S. 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 T^OHxdEdEL-�mT°BTdgam Hxd-ndiw Dollars ($ 211, 735) 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. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Page A-1 Bond 10 078418 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 11th day of October 2017 R.E. Schultz Construction, Inc. h� / President Name of Contractor (Principal) Ruch°air�d E u? title 9 U.S. Specialty Insurance Company Name of Surety Authori/zed Agent Si nature 801 S Figueroa St #700 Blake A Pfister, Los Angeles, CA 90017 Attorney-in-fact Address of Surety Print Name and Title 310-649-0990 Telephone APPROVED AS TO FORM: CITY ATT NEY'S OFFICE Date: O727 By: 5;�2 Aaron C. Harp V�wtL.a•1i City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Owl?, ) ss. On [l '6p°r 11, 7 20 I before�Mae-VIr Notary Public, personally appeared �U tl� U who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/arwsubscribed to the within instrument and acknowledged to me that he/she" executed the same in his/her/their authorized capacity(fes), and that by his/herfthlair signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CHELSEAMAE SVIR COMM. # 2097883 f NOTARY PUBLIC CALIFORNIA a �/ 3 ORANGE COUNTY ^+ My comm. expires Jan. 24, 2019 t Signature V� (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page A-3 L IE ACKWOWLISDOMONT CIVIL CODE ..:. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On October 11, 2017 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A- P f Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4) whose name(s) is/#* subscribed to the within instrument and acknowledged to me that he/Oh**Ay executed the same in his/Ct'f�6M ' authorized capacity**, and that by his t signature(f) on the instrument the person*, or the entity upon behalf of which the person# acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. C4 f L N[ E W%E W%HIfrA ��/�-ic)1 hn (�� U, ° T GOi\nPJi. ft 2134623 Signatu/n ,� °ly r 9 # s HOMY PALIC-CALIFORNIA M \,� Signature of Notary Public @= ORANGE COUNTY N `4%1N', IMYWIMNI. EXP. DEC 5, 2019 Place Notary Seal Above - OP17ONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bond 1001078418 Number of Pages: Document Date: October 11, 2017 Signer(s) Other Than Named Above: N/A, None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister El Corporate Officer — Title(s): © Partner — E-1 Limited ❑ General 0 Individual M Attomey in Fact ❑ Trustee ❑ Guardian or Conservator 4 Other: Signer Is Representing: U.S. specia1ty Insurance Company Egg Signer's Name: ------- D Corporate Officer — Title(s): 0 Partner -- ❑ Limited 0 General 0 Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: MP_W OF ATTORNEY AMERICAN MPTR--M t-NDEMNITY COMPANY TEXAS BONDING COMPANY _ - UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonfjip ^TM �sssumcd name of American Contractors Indemnity Cam) n Unit— tea Surety Company, aMaryland oi—MMN cialty Insurance Company, a Texascorporation (fie- y e rt les"), do by these presents make, Blake A. Pfister of Mission Viejo, California its true and lawful Attorney(s)-in-faeftaigiffOr %a€ateippacity, if more than one is named above, with fulI-qwNNNmff1autIEmtr hereby conferred in its name, place anoe�iowledge and deliver any and all bonds, recogniza*eWdtan or other'' instruments or contracts Miire ip-16 include riders, amendments, and consents of surety,vIdinrr�the-la n penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00**). This Power of Attorney shall expire without further action on November 3, 2019. This Power of Attorney is granted under and by authority of the follovuing resolutions adopted by the Boards of Directors of the Companies: 0& int& ident, any Vico-President, any Assistant Vice -President, any cuff �lMtS=tary shall be ancus heresy veeted *rt& ull au rt Y-- o- nt anyone or more suitable persons as Anomey(s)-in-Fact to repress -FE a"D d. if of the Comp6gidsFtome %lI*g„3 Attorney -in -Fact maybe given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and dliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such-umnuments so executed by any such Attomey- n -Fact shall be binding upon the Company as if signed by the President and sealed and effected _� [he�4rf3oYate SP,eretary ._ �a"Xesolv_ei drat the suture of any aud�zaMcMwal=tfiffConavanv heretofore or hereafter affixedto any'power of attom-WWrffl1oGI1IcWwW tF_[aZo 15Kfarstm Ia;iit I'any power of auomey buff L faeaande signature or facsimile seal shall be valid and binding upon the C§ n ttr� bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of No)gmber.2016. =- =_ AMERICAN CONTRACTORS INDEMNITY COMPANY - CM MPANY _ UNITED STATES SURETY COMPANY U.S. SPEQMJA t _ XIVIPANY TURs/y0 ��59URFt. S00NOINC CO'. a9\ns ren nii. •.o4odt . •.a. 'N t, 0 m i y — Daniel P. Aguilar, Vice President Wenty public or other officer completing e=i"eMrffl�wiiifly the identity of the individual who signed the d r`mmerif to which this certificate is attach mnd-riaF he truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: _9n 3his --->i�y Ami seer, 2016, before me;. Sabina Morgenstein, a notary public, persons are�I)an– . Aguilar, Vice President of American fo0aftrs�rl Cilffipany, Texas Bonding Company,, United States Surety CorrtLn r c T�,irrence Company who proved to me on ast�f i vidence to be the person whose name is subscribed to the wrtM il8dinme�nd-le dged tome that tai*ecuted the same in uthor d ca@acity, and that by his signature on the instrument the person, or the entity fan-150411roMicch"the person acted, exesoted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SABINA MORGENSTEIN _ -_ Commission N 2129258 Signature L otary Public California Los Angeles County Comm. Expires Nov 3. 2019 1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty_lnsuranc%�any, do hereby certify that the above and foregoing is a true and correct copy gfa Power of Attorney, executed by said XoffaftyMIU n full force and effect; furthermore, the resolutions of th�Bo _ - efts_ rt in the Power of Attorney are in full -�oerx� eco — — r itn reof, I have hereunto set my hand and affixed the seals of said adWs VIZ Angeles, California-thO l t h_ day of October 2017 C\ Corporate Seals4o�tnncrons tEe aV@ ••�eh`OWDINC CO -X ° �,,i y V r� Kin Lo, 1001078418 Bond No. ,e , � sr � � a t - 'h Agency No. 3074 ",.f,,•r�roax ..••. „'�,:,, �• ��`"rE,orte+Ps ,��,,, Batch 3295879 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE a S R 0 0 1 0 0 1 4 9 7 5 $ 2018000130245 8:25 am 04112118 90 SC5 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and R.E. Schultz Construction, Inc., Orange, California, as Contractor, entered into a Contract on September 26, 2017. Said Contract set forth certain improvements, as follows: 2017-2018 Playground Improvements Project - C-8494-1 Work on said Contract was completed, and was found to be acceptable on April 10, 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is U.S. Specialty Insurance Company. BY / Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. I 7 Executed on bV1 I / 2 X21p at Newport Beach, California. M https:Hgs.secure-recording.com/Batch/Confirmation/3295879 04/12/2018 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and R.E. Schultz Construction, Inc., Orange, California, as Contractor, entered into a Contract on September 26, 2017. Said Contract set forth certain improvements, as follows: 2017-2018 Playground Improvements Project - C-8494-1 Work on said Contract was completed, and was found to be acceptable on April 10, 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is U.S. Specialty Insurance Company. BY / Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on /T b/ 1 �1' , 1/��lj (, at Newport Beach, California. M CITY CUMK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 by 10:30 AM on the 6th day of September, 2017, at which time such bids shall be opened and read for 2017-2018 PLAYGROUND IMPROVEMENTS Contract No. 8494-1 $ 210,000 Engineer's Estimate Approved by Mark Vu ojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Santa Ana Blue Print (949) 756-1001 Located at 2372 Morse Ave. Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Patricia Kharazmi, Project Engineer at (949) 644-3312 City of Newport Beach 2017-2018 PLAYGROUND IMPROVEMENTS Contract No. 8494-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................................... 10 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 16 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 22 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 4 Citv of Newport Beach 2017-2018 PLAYGROUND IMPROVEMENTS Contract No. 8494-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received electronically by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractorshall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL (LINE ITEMS to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. (original Bid Bonds must be submitted to the City Clerk's Office.) 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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 Califomia Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act'. 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the Citys written statement or K the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. 1007195 A & D34 k�z -0'('(Jjl�lH 0+ferrefahZ/ Contractor's License No. & Classification Authorized ignatureg (� 1000033385 06/30/2017 09.05.17 U DIR Reference Number & Expiration Date R.E. Schultz Construction, Inc. Bidder Date Bid Bond No.: 11-327-183 City of Newport Beach 2017-2018 PLAYGROUND IMPROVEMENTS Contract No. 8494-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of ten percent of the amount bid in ------------- Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2017-2018 PLAYGROUND IMPROVEMENTS, Contract No. 8494-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form($) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 6th day of September 2017. R.E. Schultz Construction, Inc. remC�Gil7jJ Name of Contractor (Principal) Au iorized rat e/Title American Contractors Indemnity Company_��_�_ /�/�p, , Name of Surety Authorized Agent Signat re 801 S Figueroa St #700 Los Angeles, CA 90017 Blake A Pfister,Attorney-in-fact Address of Surety Print Name and Title 310-649-0990 Telephone (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT ............................................................................... State of Calif,Qrn'a County - I/�qI t ) ss. On Notary Public, personally appeared MM" (I CW1 12 ,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. WITNESSHELSEA MAE my h nd and o=1seal. N� CCOMM.#20978838 NOTARY PUBLIC CALIFORNIA 3 ORANGE COUNTY gnature My comm. expires Jan. 24, 2019 ............................................................................... OPTIONAL INFORMATION Date of Type or Title of Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper T Paper Identification Credible Witness(es) of Signer Q Check here if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. _ CEO/CFO/C00 _ President / Vice -P sident / Secretary / Treasurer Other: Other Information: Information: 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On September 5, 2017beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. P f i s Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(q) whose name(s) is/AV subscribed to the within instrument and acknowledged to me that helstWlfty executed the same in his/ M H authorized capacity@@, and that by his/6kY~signature() on the instrument the personOi), or the entity upon behalf of which the person( acted, executed the instrument. yf�y Oi,FF' 1-11 NNE NAHINA N W COMM. # 2134629 M NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY N MY COMM. EXP. DEC 5, 2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. / SlgnatureLAA" L� �of Notary Public Place Notary Seal Above OPTIONAL Though this section Is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond 11-327-183 Document Date: September 6, 2017 Number of Pages: 1 Signer(s) Other Than Named Above:7/A, None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual IN Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: American Contractors Indemnity Company Signer's Name: ------- ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -`POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY �CNt1YL�vIEN BY THESE PRESENTS: That Atrlerican Contractors Indemnity f_mpany_, a California. corporation, Texasl `Baond'mg Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland cor�oratiomand-U.-S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make - constitute and appoint: Blake A. Pfister of Mission Viejo, California its true and lawful Attomey(s)-in-fact, each in their separatti a acity if more than one is named above, with full_pow�tlftbr hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizan-M—undertaldilgg or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, ili"difig4he Punt penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ), This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: _ Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretarypr any Ass rRIISJer1iiltary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to repftnera and au for aid onle"a I of the Company subject to the following provisions;— Attorney-in-Fact rovisions. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomevin--Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. _ Be it Resolved, that the signature of any authomeMM6r aM spa-ty mpany heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attotney%dinfMa Mas� �ilc signature or facsimile seal shall be valid and binding upon the Company with respect to - any bond or undertaking to which it is attached. - IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December 2014. - - - - AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY -- Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY ,cO�t0.AeieR3 tin °•Y��geURFrF`:� ,..00dDING:CO :'. OE 'Q' 0 t QO os By. e a A W s a '`��s Daniel P. Aguilar�Vice President A notary public or other officer completing this certificate rifr_iMly the identity of the individual who signed document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this I at day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appearedDanP. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding. Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory -:evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIA G. ROORIGUEZ•WONG Commission M 2049771 _ Signature S7 � i i> Notary Public -California i Z los Angeles County > My Comm. EgIlres Dec 20 2017 1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the -__Boards of Directors, set out in the Power of Attorney are in full force and effect. - In Witness Whereof, 1 have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 6 t h day of September 2017 Corporate Sealsso s_u ' "iNp " A10`'y��FrF� 00 00 y neureq�eCi Bond No. 11-327-183 s »o.� a '. [�1 KroLo, Assistant Secretary Agency No.3074 °4GroaH\Po t, ,:,�„ ra_- srgTeoF�t¢�"h City of Newport Beach 2017-2018 PLAYGROUND IMPROVEMENTS Contract No. 8494-1 DESIGNATION OF SUBCONTRACTORM 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: Robertson Industries, Inc. 7&8 PIP Surfacing Address: 2414 West 12th Street, Suite 5 //n Phone: (800) 858-0519 `V l State License Number: 667261 DIR Reference: 1000002700 Email Address: i Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address R.E. Schultz Construction, Inc. Bidder PIPE/�l Ghf f f��lr°fci7�.q Authoriz�Mur /Till 9 City of Newport Beach 2017-2018 PLAYGROUND IMPROVEMENTS Contract No. 8494-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form! ll Please print or type. Bidder's Name Richard Schultz 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 $100,000, provide the following information: No. 1 Project Name/Number Bear Brand, Clipper Cove, Parc Vista & Seminole Parks Playground Renovations Project Description Playground Renovations, PIP Surfacing Approximate Construction Dates: FromJanua ry2017To:A pri12017 Agency Name City of Laguna Niguel Contact Person Jerry Sollom Telephone (941362-4349 Original Contract Amount $---- Final Contract Amount $ 583,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 10 NO' 22 Project Name/Number Emery Park Playground Replacement Project Project Description Playground Replacement Project & Surfacing Approximate Construction Dates: From March 2017 To:Aprll 2017 Agency Name City of Alhambra Contact Person Mike Macias Telephone (62q 570-3244 Original Contract Amount $ Final Contract Amount $ 269,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. No. 3 Project Name/Number Community Park & Starridge Park Playground Renovation Project Description Playground Renovation & Surfacing Approximate Construction Dates: From May 2017 To June 2017 Agency Name City of Poway Contact Person Jeff Beers Telephone (858 668-4624 Original Contract Amount $ Final Contract Amount $249,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 11 No. 4 Playground Improvements at Brookhaven & Friendship Parks Project Name/Number Project Description Playground Improvements & Surfacing Approximate Construction Dates: From July 2017 Agency Name City of Cerritos August 2017 Contact Person Fredy Bonilla Telephone (564916-1229 Original Contract Amount $ Final Contract Amount $ 246,000 If final amount is different from original, please explain (change orders, extra work, etc.) NIA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Installation of Playground Eq. & Construction of Rubberized Surface at Orville Lewis & Little Cottonwood Parks Project Name/Number Project Description Installation of Playground Eq. & Construction of Rubberized Surface Approximate Construction Dates: From April 2017 To; May 2017 Agency Name City of Los Alamitos Contact Person Dave Hunt Telephone (564 431-3538 x110 Original Contract Amount $ Final Contract Amount $228,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) NIA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 12 Pr sct Name/Number Sports Park Tot Lot Proje Project Description Installation of Playground Eq. & Surfacing Approximate Construction Dates: From August 2017To:August 2017 Agency Name City of Imperial Beach Contact Person Paul Macias Telephone (619 455-8891 Original Contract Amount $ Final Contract Amount $_190,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 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. R.E. Schultz Construction, Inc.; Bidder Authorized Signature/Title 13 Citv of Newport Beach 2017-2018 PLAYGROUND IMPROVEMENTS Contract No. 8494-1 NON -COLLUSION AFFIDAVIT State of California ) Oran e )ss. County of 9 ) Richard Schultz being first duly swom, deposes and says that he or,she is President@, ti'Yf (,1.VlA of R.E.schuiuCoaat�on.Inc, , the party making the foregoing bid; that the id is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, orcorporation; 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 California that the fo�rregoing is true and correct. R.E. Schultz Construction, Inc. �l 2ld�&;l,&N-H 'OeCrefetll, Bidder Authorized Sign ur Itle Subscribed and sworn to (or affirmed) before me on this_J day of &� cm%°r, 2017 by Uhard � fchul [iZ , proved to me on the basis of satisfactory evidence to be the person(&) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. %�t�✓L.Lrt ac �u/r Notary Public [SEAL] �I CHELSEAMAESVIR ` a COMM. # 2097883 d NOTARY PUBLIC CALIFORNIA My Commission Expires: Y)• 3 ORANGE COUNTY ro My comm. expiras Jen. 24, 2019 it 14 City of Newport Beach 2017-2018 PLAYGROUND IMPROVEMENTS Contract No. 8494-1 DESIGNATION OF SURETIES Bidder's name R. E. Schultz Construction, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Bonding: American Contractors Indemnity Company 801 S Figueroa St. #700, Los Angeles CA 90017 310-649-0990 Insurance: Cooper Insurance Service, Inc., P.O. Box 638, Lapel, IN 46051 765-534-3152 Workers Comp: The Hulett Agency 13959 Saddlewood Drive Poway, CA 92064858-618-5442 15 City of Newport Beach 2017-2018 PLAYGROUND IMPROVEMENTS Contract No. 8494-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name R.E. Schultz Construction, Inc. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2016 2015 2014 2013 2012 Total 2017 No. of contracts //0 /40 0/5-- /STotal Totaldollar Amount of Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost 0 0 0 0 0 0 0 workday cases involving permanent transfer to another job or 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. 16 Legal Business Name of Bidder R.E. Schultz Construction, Inc. Business Address: 2914 E Katella Ave. 4102, orange CA 92667 Business Tel. No.: 714-649-2627 State Contractor's License No. and Classification: 1007195 A & D94 Title President f (t(rP�<ill I The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of / bidder G>1- Date 09.05.17 Title President Signature of bidder '6� Date o9.os.11 Title Secretary Signature of bidder fJj� Date Title Signature of bidder 1J f} Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On J Pyka her OS , 9 N1 before me, Chelsea Mae Svir, Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard Schultz Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his1herithsic authorized capacity(il"), and that by his/lits"heir signature(&) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature la "I Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached61, cument Title or Type of Document: Document Date: Signer(s) Other Than Named Abov Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): ❑ Partner — 11 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Cor ❑ Other. Signer Is Representing: of Pages: 'C7 Corporate Officer — Title(s): Partner — 0 Limited ❑ General tkdividual 0 Attorney in Fact 0 Trust" 0 Guardian or Conservator 0 Other:\ Signer Is Repre enting: 02016 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CHELSEAMAESVIR ` COMM. # 2097883 NOTARY PUBLIC CALIFORNIA 3 ORANGE COUNTY nQ` My comm. expires Jan. 24, 2019 l I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature la "I Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached61, cument Title or Type of Document: Document Date: Signer(s) Other Than Named Abov Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): ❑ Partner — 11 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Cor ❑ Other. Signer Is Representing: of Pages: 'C7 Corporate Officer — Title(s): Partner — 0 Limited ❑ General tkdividual 0 Attorney in Fact 0 Trust" 0 Guardian or Conservator 0 Other:\ Signer Is Repre enting: 02016 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach 2017-2018 PLAYGROUND IMPROVEMENTS Contract No. 8494-1 ACKNOWLEDGEMENT OF ADDENDA Bidders name R.E. Schultz Construction, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 01 Date Received E City of Newport Beach 2017-2018 PLAYGROUND IMPROVEMENTS Contract No. 8494-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: R.E. Schultz Construction, Inc. Business Address: 2914 E Katella Ave. #102, Orange, CA 92867 Telephone and Fax Number: 714-649-2627 714-740-5049 California State Contractor's License No. and Class: 1007195 A & D34 (REQUIRED AT TIME OF AWARD) Original Date Issued: 09/10/15 Expiration Date: 09/30/2019 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Richard Schultz, President & Secretary 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 Richard Schultz, President & Secretary, PO Box 6 Silverado CA 92676 714-350-4269 Corporation organized under the laws of the State of CA 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: R.E. Schultz Construction, Inc. For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No. Have you ever failed to complete a project? If so, explain. 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 20 Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Richard Schultz (Print name of Owner or President of Corporation/Company) R.E. Schultz Construction, Inc. F,�PrffjdefH 4VPCWta-gV Bidder Authorize -a Signature Itle President Title 09/05/2017 Date On yyiitYl bCy (X, before me, C�)ri Fri Mal ll V I r Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. otary Public in and for said State My Commission Expires: Vl 2 Lj ' kv r 21 fg! - .. e - CHELSEA MAE SVIR (SEAL) �, COMM. # 2097883 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY �I Ertl My comm. expires Jan. 24,2019 t heck A License - License Detail Page 1 of Contractor's License Detail for License # 1007195 )ISCLAIMER: A license status check provides Information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B8P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B8P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant Information that has not yet been entered onto the Board's license database. Business Information R E SCHULTZ CONSTRUCTION INC P0BOX 6 SILVERADO, CA 92676 Business Phone Number:(714) 649-2627 his license is current and active. PII information below should be reviewed. A - GENERAL ENGINEERING CONTRACTOR C-61 / D34 - PREFABRICATED EQUIPMENT Entity Corporation Issue Date 09/10/2015 Expire Date 09/30/2019 License Status Classifications Bonding Information_ Contractor's Bond his license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. (Bond Number: 100320462 Bond Amount: $15,000 �Effective Date: 08/08/2016 Contractor's Bond History Bond of Qualifying Individual The qualifying individual RICHARD EARL SCHULTZ certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required. Effective Date: 0624/2016 BQI's Bond History Workers' Compensation Anse has workers compensation insurance with the STARSTONE NATIONAL Number:T20160710 re Date: 04/142017 Date: 04/142018 Other tps://www2.cslb.ca.gov/onlineservices/CheckLicenseII/LicenseDetaii.aspx?LicNum=1007195 9/5/201 Personnel List Home I Online Services i License Detail i Personnel List Contractor's License Detail (Personnel List) Contractor License # 1007195 Contractor Name R E SCHULTZ CONSTRUCTION INC Page I of 1 Click on the person's name to see a more detailed page of information on that person Personnel Currently Associated with License Name RICHARD EARL SCHULTZ Title RMO / CEO / PRES Association Date 09/10/2015 Classification A Additional There are additional classifications that can be viewed by selecting this link. Classification https://www2.cslb.ca.gov/onlineservices/CheckL icensell/PersonnelList.aspx?LicNurn=1007195&L... 9/5/2017 I 0 � E Aea Is I(OD $� 0 ! \ / f V) / Q a CL ) / 3 \ R \ CL ) ! jo \ x /| \ ) \ �A \ > » w z§ ° § ( ■ % a ! \ } ( ) } , [ L $ E .. ( | ! t k L \ $ ( k f 8 r $ $ - - Ln m / 0 § ] ) ! )\� �\ jo $4 \ � 50 heck A License - License Detail Page 1 of Contractor's License Detail for License # 667261 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this nformation, you should be aware of the following limitations. CSLB complaint disclosure is restricted bylaw (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. his license is current and active. II information below should be reviewed. -61 / D12 - SYNTHETIC PRODUCTS Business Information ROBERTSON INDUSTRIES INC 2414 W 12TH ST SUITE 5 TEMPE, AZ 85281 Business Phone Number:(602) 707-6894 Entity Corporation Issue Date 03/17/1993 Expire Date 03/3112019 License Status Classifications Bonding Information Contractor's Bond his license filed a Contractor's Bond with TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. end Number: 105209757 end Amount: $15,000 ffective Date: 01/01/2016 ontractor's Bond History Bond of Qualifying Individual This license filed Bond of Qualifying Individual number 106005924 for PHILLIP MANZANAREZ in the amount of $12,500 with TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. Effective Date: 11/04/2013 Workers' Compensation 1:01'rkers' s license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA icy Number:TC2NUB9D9D031417 ctive Date: 08/01/2017 ire Date: 08/01/2018 Compensation History Other Personnel listed on this license (current or disassociated) are listed on other licenses. tps://www2.cslb.ca.gov/onlinesetvices/CheckLicenseIIlLicenseDetail.aspx?LicNum=667261 9/5/201 2017-2018 PLAYGROUND IMPROVEMENTS CONTRACT NO. 8494-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 26th day of September, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and R.E. SCHULTZ CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 2914 E. Katella Ave, Suite 102, Orange, California 92876, 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; removing two shade canopy posts; furnishing and installing flexible play surface systems; furnishing and installing synthetic turf play surface system; placing Portland Cement Concrete ("PCC") base; constructing a PCC mow curb; placing and grading sand; removing tree roots and installing a root barrier; and other incidental items to complete the work in place required by the Contract Documents (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. 8494-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two Hundred Eleven Thousand Seven Hundred Thirty Five Dollars and 00/100 ($211,735.00). 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 Richard Schultz P.E to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 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 R.E. Schultz Construction, Inc. Page 2 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.). 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: Richard Schultz P.E R.E. Schultz Construction, Inc. 2194 E Katella Ave, Suite 102 Orange, CA 92676 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. R.E. Schultz Construction, Inc. Page 3 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or R.E. Schultz Construction, Inc. Page 4 subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services 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, R.E. Schultz Construction, Inc. Page 5 obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 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. 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. R.E. Schultz Construction, Inc. Page 6 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), 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 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. R.E. Schultz Construction, Inc. Page 7 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 or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. R.E. Schultz Construction, Inc. Page 8 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] R.E. Schultz Construction, 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 ATT RN Y'S OFFICE Date: By: Aaron C. Harp "�^` " • �� City Attorney ATTEST: Date: By: Leil ni I. Brown City Clerk Attachmer CITY OF NEWPORT BEACH, a California municipal corporation Date: B KevinfAeTdoon Mayor CONTRACTOR: R. E. Schultz Construction, Inc., a California corporation Date: Signed in Counterpart By: Richard Schultz President and Secretary [END OF SIGNATURES] -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements R.E. Schultz Construction, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTOLRNFY'q OFFICE Date: ^ By: I p Aaron C. Harp �• �� City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONTRACTOR: R. E. Schultz Construction, Inc., a California corporation By: By: ✓ l Leilani I. Brown Richard Schultz City Clerk President and Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements R.E. Schultz Construction, Inc. Page 10 (Premium included in the Performance Bond) CITY OF NEWPORT BEACH BOND NO. 1001078418 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to R.E.Schultz Cons tructionlrc.hereinafter designated as the "Principal," a contract for Playground Improvements 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. (Contract No. 8494-1) 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, U.S. 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 30xrds3W,s,mum-d-%mHrdDJTur4PRw Dollars ($ 211, 735 t 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. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Page A-1 Bond 1001078418 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 11th day of October 2017 R.E. Schultz Construction, Inc. Name of Contractor (Principal) U.S. Specialty Insurance Company Name of Surety 801 S Figueroa St #700 Los Angeles, CA 90017 Address of Surety 310-649-0990 Telephone APPROVED AS TO FORM: CITY ATT c{NEY'S OFFICE Date:227 By: Aaron C. Harp City Attorney / President uirz Authorized Agent Sibnature Blake A Pfister, Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyy of Oranae ) ss. On nC'tX0er 12, 7 20j71—beforerrh�e l ,I ICA Mai UV)r Notary Public, personally appeared � I (MU who proved to me on the basis of satisfactory evidence to be the person(s) whose name(E,) is/awsubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heFAheir authorized capacity(fes), and that by hisfher/their signatures(s) on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CHELSEAMAESVIR a COMM. # 2097883 i NOTARYCCALIFORNIA N 3 ORANGENGECOUNTY ^� ' My comm. expires Jan. 24, 2019 t Slgnature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page A-3 CALIFORNIA ALL-PURPOSR ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On October 11, 2017 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared _ Blake A. Pfister Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(IP whose name(s) is/x* subscribed to the within instrument and acknowledged to me that he10hWMgq executed the same in his/0001btr authorized capacityW, and that by his/004W signaturelpl) on the instrument the person(#), or the entity upon behalf of which the person(4) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal, LIANNE NAHINA Signatte� ( `ti-�" �' 'G ' fC "`� -( ry � o COh4M. # 2134629 \ Si nature of Note Pu 1,CTARYPU9LICCALIFDRNIA%� !� ry bllC Ci° " OFu�NGECOUNTY � `9.uaa_� MYCD\1M. EXP. DEC 5, 2919 Place Notary Seal Above - OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bond 1001078418 Document Date: October 11 , 2017 Number of Pages: Signer(s) Other Than Named Above: N / A , N o n e Capacity(les) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General El Individual IN Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: U. S. S p e c i a l t y Insurance Company Signer's Name: ------- ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: LS\-'✓L\.L�YGL✓.G(✓G\✓L\JL\'Y.�n'/\'�/L\.<"\'!GAG't/L\JS'✓LYLL!GC'✓.L\gLl•'/S\✓GL✓G\✓ \uLv 4\Y_LL.S\��/G`.L'✓L\✓G`!L'JL`.L[�L�'JL\'l4(!/S\✓G"✓L'L�`,�vG' O 1 • • • • • • • •` :11 • :11 ..: �1 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY =_ UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland , -- Itimoration and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Blake A. Pfister of Mission Viejo, California its true and lawful Attorneys) -in -fact xach in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place arkhatead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts 6F%retyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00**). This Power of Attorney shall expire without further action on November 3, 2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Rndolft that the President, any Vice -President, any Assistant Vice -President, any Secretary. or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions:_- Allomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percenlagos and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. - -_- -- Be it Resolved, that the signature of any authorized'o1i`ree�-andseal of the Company heretofore or hereafter affixed to any'power of attotnySpr. any certificate relating thereto by facsimile, and any power of attorney or ccrtirosda agfacsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. — IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of November, 2016. _ AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals _ UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY --- -o�o.�.:"T' p"nc'r"o"g•y"bµ..'T�,c- ,3�'E8 S_.U. g..F�P� 0y0 M......N o• Gu.Cf P9yi `"BONY`, ane Ni B _ President 10 � Daniel P. Aguilar, _ ""'p�1bfORMT,6• nquu �nnOOoa, -0FTO pgp,u*nnn„Pe.. _ A notary public or other officer complete certificate verifies only the identity of the individual who signed the - document to which this certificate is attachdond Rifflie truthfulness, accuracy, or validity of that document. - State of California County of Los Angeles SS: On this lsrday of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entigWn behalf ofwhich 'the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -- Commission tY 2129258 — Signature _Basi) Notary PublIC - California Los Angeles County _ My Comm. Expires Nov 3. 2010 = - I, Kin Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, -:which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. -- _— In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California lhisl 1 t h day of October 2017 Corporate Seals e�T,acrunsti .Es sueF �OONOINOCoo, ,eor,nau.1�.% q i_ Bond No. 1001078418 a W r ,<, �_ Kin Lo, AssistantSeeretary r o ' ss,...........'P°',`"� ''•\ ' Agency No. "'•.f+i��oaM�N *,,,,, ""••+rF or 1E 3074 *�,,, (Premium subject to adjustment based on final contract price) EXHIBIT B CITY OF NEWPORT BEACH BOND NO.1001078418 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $4, 175 , being at the rate of $ 19.72 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to R. E. Schultz ConstructionTrr.hereinafter designated as the "Principal," a contract for Playground Improvements 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. (Contract No. 8494-1 ) 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 U.S. 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 'roll"d� Oe,,�nm°si-O33m Rrdnd Tmm�R\Doliars ($211,735 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the 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 Page B-1 Bond No. 1001078418 thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 11th day of October 201? R.E. Schultz Construction, Inc Name of Contractor (Principal) U.S. Specialty Insurance Company Name of Surety 801 S Figueroa St #700 Los Angeles, CA 90017 Address of Surety 310-649-0990 Telephone APPROVED AS TO FORM: CITY ATT(T Y' OFFICE Date: // Bv: 4— Aaron C. Harp City Attorney resident Authord Si ture/Title Richard E c ultz U / 1, ! �_-- Authorized Agent Signature Blake A Pfister, Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Caffornia Count of �� ss. On 20 before me C`Y1 11 en Mat' S\1i ✓ ary NotPublic, personally appeared ✓ (fAu who proved to me on the basis of satisfactory evidence to be the person(s) whose name(€) is/ace subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfher/their authorized capacity(ies), and that by hish%eO cir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person (8} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CHELSEA MAE SVIR a COMM. # 2097883 g NOTARY PUBLIC CALIFORNIA S 11 n n 3 ORANGE COUNTY s '1 My comm. expires Jan. 24, 2019 t ignature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On October 11, 2017 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(q) whose name(s) IS/A* subscribed to the within instrument and acknowledged to me that he/00/Afty executed the same in him authorized capacityW, and that by his/NtlY.�pt9it'signature(*) on the instrument the person*), or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. clit__, LIANNE NAHINA ��� Signatur'. COMPJI. # 213A629 7t7'NOTARY PUBLIC -CALIFORNIA V Signature of Notary Public ORANGE COUNTY COMYCCMM. EXP. DEC 52919woo =wpv- u �a'^4�4 Place Notary Seal Above OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bond 1001-78418 Document Date: October 11 , 2017 Number of Pages: Signer(s) Other Than Named Above: N/A, None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General El Individual 14 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: U. S. S p e c i a l t y Insurance Company Signer's Name: ------- Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: LG\ - \✓G\v G'✓ _ \✓GAG\JG\f/G�vGV G(✓� \✓G\{G\iG'yG vG(LGL✓�\ �G\v G�✓G\`::G�v G�'!G�:G' O 1 • • •v •` • •J • • 711 .,G� �: 11 . •7 •1 POWER OF ATTORNEY AMERICAN CTNTIFACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY —_ UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bondmg�rnpanv-�D -assumed name of American Contractors IndemnitK Company, LinitaZiStates Surety Company, a Maryland corporatioiFand arylandcorporatioiFand U:& Specialty Insurance Company, a Texas corporation do by these presents make, constitute and appoint: Blake A. Pfister of Mission Viejo, California its true and lawful Attorney(s)-in-facoaeh Intheir separate:Apacity if more than one is named above, with full- wtgr irAlI hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizarT�� lullik ak n or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, pr�ovidifiohe bond penalty does not exceed *****Three Million***** Dollars ($ This Power of Attorney shall expire without further action on November 3,20M This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: _ Be rt Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act foruidon behalf of the Company subject to the following provisions;- ABomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such AuomeyAn,-Fact shall be binding upon the Company as if signed by the President and sealed and effected - by the Corporate Secretary. r Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificaWreeFeim thereto by facsimile; and any power of attorney or certificate bearing facsimile signature or facsimile. seal shall be valid and binding upon the Company with respc€to=any= bond or undertaking to which it is attached. - IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of Novembpr 2016. — AMERICAN CONTRACTORS INDEMNITY COMPANY MotAs BONDING COMPANY C-OYporate Sea15— UNITED STATES SURETY COMPANY U.S. SPECIAffUNSURANCE COMPANY _ `4o+lpPei0g3"'p. °41PonN�P°v= -I E S*, u 5Fd- ONpOFNSG soc_ y`smymsureq�0p, By: ': =w:scPrzxsso — Daniel • P. AguiIarPVice Prednt :y'r ? - _ A notary public or other officer completing this certificate verifiesonly the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. � - State of California County of Los Angeles SS: On this 1st day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared--DamelP. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Companywhoproved to me on the basis of satisfactory -evidence to be the personwhose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the end6wonbehalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SABINA MORGENSTEIN _ Commission X 2129266 Signature = wag -Ste) _ -�_ Notary Public - California, Los Angeles County My Comm. Expires Nov 3. 2010 1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boar�r s_ -`Directors, set out in the Power of Attorney are in full =_ force and effect. - - In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 11 t h day October 201.7 C — Corporate Seals NaCTpas,.,, 1ESsuRer ONOIN6 ..., pynsue.''c all 0 ye y :Ng`, : M p « Kio Lo Assistant Secretary - BondNo.1001078418 a W �' - sb-- r\ ice, 5��r`sJ t9 f Agency No. 3074 'y'e+Iif00.MPm� `'o uam t`a" yz"re OFte+P` ,m'�m EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an R.E. Schultz Construction, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. 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 R.E. Schultz Construction, Inc. Page C-2 nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (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 R.E. Schultz Construction, Inc. Page C-3 intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these R.E. Schultz Construction, Inc. Page C-4 specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. R.E. Schultz Construction, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. " Date Received: 11/7/17 Dept./Contact Received From: Edwin Date Completed: 12/21/17 Sent to: Edwin By: Jan Company/Person required to have certificate: R. E. Schultz Construction Type of contract: I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/22/17 — 4/22/18 A. INSURANCE COMPANY: Scottsdale Insurance Company B. AM BEST RATING (A-: VII or greater): A+/ XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes N No D. LIMITS (Must be $1M or greater): What is limit provided? $1M/$2M E. ADDITIONAL INSURED ENDORSEMENT—please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) N/A include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: ❑ N/A Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N 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 N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/22/17 — 4/22/18 A. INSURANCE COMPANY: General Casualty Company of Wisconsin B. AM BEST RATING (A-: VII or greater) A / XIV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M 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 N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 4/14/17-4/14/18 A. INSURANCE COMPANY: Starstone National Insurance Company B. AM BEST RATING (A-: VII or greater): A- / XI 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? ® 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? I1 Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 12/21/17 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® 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: Risk Management approval needed for non -admitted General Liability carrier. 11/17/17 Risk Manager approved use of non -admitted General Liability carrier. 12/20/17 Risk Manager waives Primary/Non-Contributory requirement for Auto Liability. Approved: Risk Management * Subject to the terms of the contract. Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 7 2017-2018 Playground Improvements CONTRACT NO84 /4//l� DATE: August 31, 2017 BY: �V , City gineer Of TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. A. PLANS - Replace Plan Sheet No. 3 with revised Plan Sheet No. 3. 1. Construction note call -out numbers on Coastal Peak Park plans have been revised. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. � rg)J]-) narfh hoo - W. Bidder's Name (Please Print) 09/040-0)7 Date //�, L Povjrl>r' f AlM rt aX12 Authorized Signature &'Title Attachments: Revised Plan Sheet No. 3 City of Newport Beach 2017-2018 PLAYGROUND IMPROVEMENTS Contract No. 8494-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 8494-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 09/05/2017 Date 714-649-2627 & 714-740-5049 Bidder's Telephone and Fax Numbers 1007195 A & D34 Bidder's License No(s). and Classification (s) R.E. Schultz Construction, Inc. Bidder i��/.���1: 1�Psi�lP/)1 r ,fPCrPfa Bidder's Authorize ignature and Title 2914 E Katella Ave. #102, Orange CA 92867 Bidder's Address Bidder's email address: chelsea@reschultzconstruction.com City of Newport Beach Page 1 2017-2018 PLAYGROUND IMPROVEMENTS (C-8494-1), bidding on September 6, 2017 10:30 AM (Pacific) Panted 11/06/2017 Bid Results Bidder Details Delivery Method Vendor Name R.E. Schultz Construction Services Address 2914 E Katella Ave. #102 Orange, CA 92867 United States Respondee Richard Schultz Respondee Title President & Secretary Phone 714-649-2627 Ext. Email chelsea@reschultzconstruction.com Vendor Type CADIR License # 755160 CADIR 1000005688 Bid Detail Bid Format Electronic Submitted September 6, 2017 10:20:59 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 115246 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid 20170906094216.pdf General Attachment Bid Bond Bid Bond- Newport Beach.pdf Bid Bond Line Items Type Item Code LION! Qty Unit Price Line Total Comment Section 1 1 Mobilization Lump Sum 1 $9,500.00 $9,500.00 2 Traffic Control Lump Sum 1 $500.00 $500.00 3 Remove Existing Improvements and Construct 4 -Inch Thick P.C.C. Base, 3.5 -Inch Thick Cushion Layer, and 0.5 -Inch Thick Colored Wear Course Sq, Ft. 2500 $26.00 $65,000.00 4 Remove Existing Loose Fill Rubber and Bonded Shredded Rubber Sq. Ft. 790 $8.50 $6,715.00 5 Remove Existing Rubber Curb and Construct P.C.C. Mow Curb Linear Ft. 120 $70.00 $8,400.00 PlanetBids, Inc. City of Newport Beach Page 2 2017-2018 PLAYGROUND IMPROVEMENTS (C-8494-1), bidding on September 6, 2017 10:30 AM (Pacific) Printed 11/06/2017 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Place New Playground Sand Cubic Yd. 25 $180.00 $4.500.00 7 Remove Existing Improvements and Construct 3.5 -Inch Thick Cushion Layer and TotTurf ProPlay Turf Surface Sq. Ft. 1200 $25.20 $30,240.00 8 Remove Existing Wear Course and Construct 0.5 -Inch Thick Colored Wear Course Sq Ft. 5600 $13.80 $77,280.00 9 Provide Additional Cushion Layer Buffings Sq. Ft. 150 $5.00 $750.00 10 Prune Tree Roots, Install Root Barrier, and Construct Up To 60 Square Feet of 3.5 -Inch Cushion Layer and 0.5 -Inch Thick Colored Wear Course a1 Coastal Peak Park Lump Sum 1 $3,000.00 $3,000.00 11 Remove Shade Canopy Posts at West Newport Park Lump Sum 1 $4,850.00 $4,850.00 12 Provide As -Built Drawings (Fixed) Lump Sum 1 $1,000.00 $1,000.00 Subtotal $211,735.00 Total $211,735.00 Subcontractors Name & Address Description License Num CADIR Amount Type Robertson Recreational PIP Surfacing 667261 1000002700 $115,000.00 Surfaces - Tot Turf 2412 W. 12 St Tempe, AZ 85281 United States PlanetBids. Inc. PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2017-2018 PLAYGROUND IMPROVEMENTS CONTRACT NO. 8494-1 PART 1: GENERAL PROVISIONS SECTION 2 — Scope and Control of the Work 2-5 Plans and Specifications 2-6 Work to be Done SECTION 3 — Changes in Work 3-3 Extra Work SECTION 4 — Control of Materials 1 1 1 1 2 2 2 4-1 Materials and Workmanship 2 SECTION 6 — Prosecution, Progress and Acceptance of the Work 2 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 Safety 6 7-15 Contractor's Licenses 7 7-16 Contractor's Records/As-Built Drawings 7 SECTION 9 — Measurement and Payment 7 9-3 Payment 7 PART 2: CONSTRUCTION MATERIALS 10 SECTION 201 — Concrete, Mortar, and Related Materials 10 201-1 Portland Cement Concrete 10 SECTION 203 — Bituminous Materials 10 203-16 Rubberized Playground Surfaces 10 203-17 Synthetic Grass Surfaces 11 PART 3: CONSTRUCTION METHODS 12 SECTION 300 — Earthwork 12 300-1 Clearing and Grubbing 12 PART 8: LANDSCAPING AND IRRIGATION 13 SECTION 801 - Installation 13 800-1 General 13 APPENDIX A 15 APPENDIX B 22 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2017 — 2018 PLAYGROUND IMPROVEMENTS CONTRACT NO. 8494-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P -5259-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 (2015 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 for each material and color, a 6 -inch by 9 -inch sample of required synthetic turf surface; and a sample of required synthetic grass infill." 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; removing two shade canopy posts; furnishing and installing flexible play surface systems, furnishing and installing synthetic turf play surface system, placing P.C.C. base; constructing a P.C.C. mow curb; placing and grading sand, removing tree roots and installing a root barrier, and other incidental items to complete the work in place required by the Contract Documents." SP 1 of 26 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. SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK SP2of26 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 30 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 materials 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. A working day is any day within the period between the date of the start of the Contract time as specified in 6-1 and the date of field acceptance of the Work by the Engineer, other than: 1) Saturday, 2) Sunday, 3) 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 11th (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 41h, November 11th or December 251h falls on a Sunday, the following Monday is a holiday, SP3of26 4) any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5) any day the Contractor is prevented from working at the beginning of the workday for cause as specified in 6-6.1, or 6) Any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as specified in 6-6.1. 6-7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. 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 $500.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 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 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets. Delete the first paragraph and add the SP4of26 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 Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.5 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 $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $10 monthly 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 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 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 (W.A.T.C.H.), Latest Edition, 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." 7-10.4 Safety 7-10.4.2 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 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 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." 7-10.6 "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 300 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. SP6of26 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. 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 SP7of26 compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, 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 be 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 adhere to the conditions of the traffic control plan, typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Item No. 3 Remove Existing Improvements and Construct 4 -Inch Thick P.C.C. Base, 3.5 -Inch Thick Cushion Layer, and 0.5 -Inch Thick Colored Wear Course: Work under this item shall include, but not be limited to, removing and disposing existing improvements and aggregate base in order to, accommodate improvements; compacting subbase; constructing a 4 -inch thick P.C.C. base with thickened edge and doweling; and 3.5 -inch thick cushion layer; 0.5 -inch thick colorized wear course, including high density colorized wear course per Contract Documents; and all other work items as required to complete the work in place. A receipt and manufacturer's 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 Remove Existing Loose Fill Rubber and Bonded Shredded Rubber: Work under this item shall include, but not be limited to, removing and disposing the existing loose fill rubber and bonded shredded rubber play surface per Contract Documents. Existing geotextile fabric shall be protected in place. Item No. 5 Remove Existing Rubber Curb and Construct P.C.C. Mow Curb: Work under this item shall include, but not be limited to, removing and disposing existing improvements and rubber curb; preparing and compacting subgrade; constructing P.C.C. mow curb per Contract Documents; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 6 Place New Playground Sand: Work under this item shall include, but not be limited to, loading, transporting, unloading, and placing new City -supplied playground sand at Begonia Park per Contract Documents; spreading and leveling of playground sand; and all other work necessary to complete the work in place. Vehicles SP 8 of 26 shall be prohibited from driving on existing park grass and sidewalks. The existing geotextile fabric and subdrain system shall be protected in place. The Contractor shall load sand from Santa Ana River and transport to Begonia Park. All sand placed at Begonia Park shall be clean sand with less than two percent gravel and three percent fines. Item No. 7 Remove Existing Improvements and Construct 3.5 -Inch Thick Cushion Layer and TotTurf ProPlay Turf Surface: Work under this item shall include, but not be limited to, removing and disposing existing play surface; constructing weep holes, as needed, to provide positive sub -surface drainage per manufacturer's instructions and constructing a 3.5 -inch thick cushion layer; installing nail board and TotTurf ProPlay Turf surface; placing synthetic turf infill to grade level per Contract Documents and manufacturer's instructions; and all other work necessary to complete work in place. A receipt and manufacturer's 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. 8 Remove Existing Wear Course and Construct 0.5 -Inch Thick Colored Wear Course: Work under this item shall include, but not be limited to, removing and disposing the necessary existing wear course surface; constructing a 0.5 - inch thick colorized wear course, including up high density colorized wear course per Contract Documents; and all other work items as required to complete the work in place. A receipt and manufacturer's 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. 9 Provide Additional Cushion Layer Buffings: Work under this item shall include providing cushion layer buffings per the direction of the Engineer prior to installing new wear course layer. Item No. 10 Prune Tree Roots, Install Root Barrier, and Construct Up To 60 Square Feet of 3.5 -Inch Thick Cushion Layer and 0.5 -Inch Thick Colored Wear Course at Coastal Peak Park: Work under this item shall include, but not be limited to, exposing, pruning and disposing roots; providing and installing root barriers per Section 801; removing and disposing excess soil; compacting subbase as needed; providing and compacting subbase and base materials as needed; constructing up to 60 square feet of 3.5 -inch thick cushion layer; and up to 60 square feet of 0.5 -inch thick colorized wear course per Contract Documents; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. A receipt and manufacturer's 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. 11 Remove Shade Canopy Posts at West Newport Park: Work under this item shall include, but not be limited to, removing existing shade canopy posts per drawings; repairing surface to match existing improvements; restoring all existing SP9of26 improvements damaged by the work; and all other work necessary to complete the work in place. Item No. 12 Provide As -Built Drawings: Work under this item shall include, but not be limited to, all costs necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for progress payment. An amount of $1,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. 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." 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 203-16 RUBBERIZED PLAYGROUND SURFACES 203-16.1 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 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 or Thermal Plastic Vulcanized (TPV) granules with an Aliphatic Binder. The rubberized playground surface shall be "Poured -in-place playground surfacing" as manufactured by TotTurf or Engineer approved equal and available through: TotTu rf 16059 E. Foothill Blvd Irwindale CA, 91706 SP 10 of 26 Phone: (800) 858-0519 So. Cal Dist: Vince Brantley Phone: (714) 904-8219 The materials shall be installed by a factory -qualified installer. 203-16.2 Installation. The playground surfaces shall be installed per TotTurf specifications, or Engineer approved equivalent, to fully comply with ASTM and CPSC guidelines and standards for playground safety. Manufacturer's installation guidelines have been included as Appendix A for reference. 203-16.3 Warranty. Poured in place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and material for a limited (5) year period. Warranty will be specific to maintenance requirements and performance standards of completed product. High Density TPV poured in place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and materials for a limited seven (7) year period. Warranty will be specific to maintenance requirements and performance standards of completed product. 203-17 SYNTHETIC GRASS SURFACES 203-17.1 General. The Contractor shall hire an experienced sub -contractor or have crews experienced in constructing a 3.5 -inch thick cushion layer, with a synthetic grass wear course consisting of fibers that are nominal 1.5 -inch long with synthetic grass infill, 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 synthetic grass surfaces to the Engineer for approval. The flexible surface cushion layer shall consist of shredded styrene butadiene rubber (SBR) adhered with a 100 percent solids polyurethane binder. The synthetic grass wear course shall consist of nominal 1.5 -inch long fibers of polyethylene monofilament and texturized polypropylene thatch, tufted to a 2 -layer stabilized woven polypropylene fabric with a stitch binder of urethane and polyurethane; total fabric weight shall be 67 -ounce per square yard. The synthetic grass infill shall be 1.5 -pound per square foot (minimum) and consist of filtered silica sand or approved equivalent. The synthetic grass surface shall be "ProPlay Turf' as manufactured by TotTurf or Engineer approved equal and available through: TotTurf 16059 E. Foothill Blvd Irwindale CA, 91706 Phone: (800) 858-0519 SP 11 of 26 So. Cal Dist: Vince Brantley Phone: (714) 904-8219 The materials shall be installed by a factory -qualified installer. 203-17.2 Installation. The playground surfaces shall be installed per TotTurf specifications, or Engineer approved equivalent, to fully comply with ASTM and CPSC guidelines and standards for playground safety. Manufacturer's installation guidelines have been included as Appendix B for reference. 203-17.3 Warranty. Synthetic turf surface shall be guaranteed against all defects in workmanship for a limited eight (8) year period. The product shall be guaranteed not to exhibit UV degradation or loss of tensile strength greater than 50 percent during said time period, and shall not have a pile height decrease in excess of 50 percent as a result of normal wear and tear with properly maintained infill levels as required. Warranty will be specific to maintenance requirements and performance standards of completed product. The product shall be free from defects in material and workmanship resulting in color loss. API standards related to pile fiber height shall be established pursuant to ASTM Test D5823. Supplier's warranty excludes: any Product defect, damage or failure that is the direct results of Product abuse, misuse or negligent maintenance, and product damage caused directly or indirectly by acts of third parties. Including, without limitation, negligence of owner/operator, vandalism, machinery, animals, flood, chemical reaction, improper sub -surface preparation and/or installation, improper cleaning methods, and acts of God. PART 3 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.gov/-qeneraIservices 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. SP 12 of 26 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. PART 8 LANDSCAPING AND IRRIGATION SECTION 801 ---INSTALLATION 801-1 GENERAL. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned or removed unless this submittal is returned to the Contractor as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. Kevin Pekar (949-644-3197) at the site to discuss City standards and requirements. The submittal shall adhere to the following guidelines: 1) Root Pruning a. Prior to removal of the damaged flexible play surface; no root pruning will be allowed after the new flexible play surface system has been installed. b. Whenever possible, root pruning shall only be done on the side of the tree unless specifically authorized by the City's Urban Forester. c. Roots shall be cleanly severed using a root -pruning machine, ax, or comparable tool. 2) Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. SP 13 of 26 b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs; and shall be made as far away from the tree base as possible. 3) Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 -feet from the sidewalk/curb; and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree; or when there is only one minor offending root to be removed; and/or the damage is minimal. b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the playground construction area shall be removed or shaved down. d. Roots greater than 2 -inch in diameter that must be removed must be pre - approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 4) Root Barrier Specifications a. Install root barrier panels with the length of each root pruning cut at a minimum of 14" below grade for sidewalks and 26" for curbs. b. The product shall consist of polyethylene plastic with ultraviolet inhibitors and have a minimum thickness of 0.085 -inch (e.g., Century Root Barrier Panels, CP -Series, CP12-2). c. The product shall be installed per manufacturer's specifications." SP 14 of 26 APPENDIX A PART 1 — GENERAL 1.01 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, or with TPV granules mixed with an aliphatic binder. Surfaces shall comply with ADA and CPSC guidelines as well as ASTM Standards. 1.02 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 (9AE1) 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 15 of 26 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. Proiect 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. High Density TPV poured in place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and materials for a limited seven (7) year period. Warranty will be specific to maintenance requirements and performance standards of completed product. PART 2 — PRODUCTS Safety surfacing shall consist of synthetic materials meeting the requirements of this specification. 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 binder and capped with either an EPDM granule and mixed with polyurethane, or a TPV granule mixed with an aliphatic binder. (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. SP 16 of 26 (c) The type of safety surfacing shall be a poured -in-place system and shall be indicated on the drawings. 2.02 CUSHION LAYER 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. 2.03 WEAR COURSE (a) Wear Course shall consist of Ethylene Propylene Diene Monomer (EPDM) with polyurethane binder formulated to produce an even, uniform, seamless surface up to 2000 square feet. (b) Wear Course shall consist of Thermal Plastic Vulcanized (TPV) granules with an aliphatic binder formulated to produce an even, uniform, seamless surface up to 2000 square feet. (c) Wear Course shall consist of High Density Thermal Plastic Vulcanized (TPV) granules with an aliphatic binder formulated to produce an even, uniform, seamless surface up to 2000 square feet (d) 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. (e) ASTM 0 2240 (Shore A) hardness of 55-65, not less than 26 percent rubber hydrocarbons. (f) Size of EPDM rubber particles shall be 1-4 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. (g) TPV shall be angular granules with a (Shore A) hardness of 650A t5 and particle size between 1-4mm. Binder shall be not less than 20 percent of total weight of SP 17 of 26 rubber used in the wear surface, and shall provide 100 percent coating of the particles. (h) High Density TPV shall be angular granules with a (Shore A) hardness of 65°A ±5 and particle size between .5-1.5mm. 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. (i) Thickness of wear course shall be a minimum 0.5 -inch. 0) The wear course shall be porous. 2.04 BINDER (a) No Toluene Oiphenel Isocyanate (TOI) shall be used. (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- 1-4mm TPV Granules: Manufacturer: Rosehill Polymers As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (c) Wear Course- .5-1.5mm TPV Granules: Manufacturer: Rosehill Polymers As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (d) Cushion Layer - TotTurf Shredded SBR As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area SP 18 of 26 (e) 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 (f) Binder - VORAMER MR 1105- normal weather conditions Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (g) 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 (h) Binder- Voramer MR 1160 Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (i) Binder- Aliphatic Urethane Premium, Non-Ambering Manufacturer: Acella Polyurethane Systems As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area PART 4 - EXECUTION 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. SP 19 of 26 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 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. SP 20 of 26 (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. SP 21 of 26 APPENDIX B PART 1 —GENERAL 1.01 WORK DETAILS Provide all labor, materials, equipment, and tools necessary for the complete installation of synthetic grass safety surface. The system shall consist of, but not necessarily be limited to, the following: (a) SYNTHETIC GRASS: consisting of fibers that are nominal 1.5 -inch ling. Turf fiber construction consisting of polyethylene monofilament and texturized polypropylene thatch tufted to a 2 -layer stabilized woven polypropylene fabric (primary backing) with a secondary backing (stitch binder) of urethane and polyurethane. (b) PAD UNDERLAYMENT SYSTEM: consisting of 100 percent recycled tire buffings mixed with a urethane binder. Binder shall be a minimum of 10 percent of the total weight of the material. (c) SYNTHETIC GRASS INFILL: consisting of filtered silica sand, designed to provide the look, feel, and performance of optimally maintained natural grass. 1.02 QUALITY ASSURANCE AND COMPLIANCE DETAILS ASTM International: ASTM F1292 Standard Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment. Impact attenuation test results will be provided to the owner or owner's representative. These test results shall be certified and submitted on the letterhead of an independent testing lab. Impact attenuation test results shall meet or exceed CPSC Guidelines for impact attenuation (G- max and Head Injury Criteria — HIC). ASTM F1951-08 Standard Specification for Determination of Accessibility of Surface Systems under and around Playground Equipment. All Playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the ADA. ASTM D2859 Standard Test Method for Flammability of Finished Textile Floor Covering Materials. Products shall meet requirements of ASTM D2859. IPEMA CERTIFICATION: Manufacturer must provide proof of certification. "In the interest of public playground safety, IPEMA provides an independent laboratory which validates a manufacturer's certification on conformance to ASTM F1292-31. A SP 22 of 26 list of current validated products, their thickness and critical heights may be viewed at www. i pe ma. o rq". 1.03 SUBMITTALS The following shall be submitted for synthetic turf surfacing for playgrounds: • Manufacturer's product data and installation instructions. • Submit Certificate of qualifications of the playground surfacing installer. • Upon request, 6 -inch by 9 -inch samples of the proposed material for this project. • Submit Warranty documents specified herein. • IPEMA certification shall be mandatory. PART 2 — MATERIAL DATA SYNTHETIC GRASS: 1.5 -inch nominal pile height. PRODUCT WEIGHT: 67 oz/yd2 Total Fabric weight; 40 oz Face weight. FACE YARN TYPE: Polyethylene YARN SIZE: 4200/9000 PILE HEIGHT: 1.5 -inch COLOR: Field/Olive/Tan CONSTRUCTION: Broadloom Tufted STITCH RATE: Eight per 3 -inches TUFTING GAUGE: 3/8 PRIMARY BACKING: Warp Knit Woven Polypropylene (double thickness) SECONDARY BACKING: Polyurethane FINISHED ROLL WIDTH: 15 -feet PAD UNDERLAYMENT SYSTEM: 100 percent Recycled Tire Buffings mixed with a urethane binder (minimum 10 percent). SYNTHETIC GRASS INFILL: Acrylic coated sand or approved equal. Coating: Priority Acrylic, iron oxide, and chromium oxide Grain Shape: 7.0 Mohs SP 23 of 26 Curvature: .65 Specific Gravity: 2.65 g/cm3 Bulk Density: 92-95 Ib/cu. Ft. Uniform Coefficient: 1.00 to 1.40 Effective Size: .90-.95 mm Blend Rate: 3-4 Ib/sq. ft. SPLICING MATERIAL: 100 percent Polyester Spunbound OXCO®12-inch wide minimum. ADHESIVE: Synthetic Turf Adhesive NAIL BOARD: Recycled plastic 2 -inch by 4 -inch composite landscape board nailer (TREX or Engineer approved equal). NAIL BOARD FASTENER: Spike MH fasteners manufactured by Powers Fasters or equal. Size to be 3.5 -inch long by 0.25 -inch. PART 3 — SUB -BASE TYPES AND DETAILS SUB -BASE REQUIREMENTS: The base shall have the specific minimum slope (2 percent) and shall vary no more than 1/8 -inch when measured in any direction with a 10 -foot straight edge. CONCRETE or ASPHALT: Concrete should be finished with a medium broom finish. All new concrete slabs must cure for a minimum of seven (7) days prior to installation. Asphalt cure time requires fourteen (14) days. Once the new asphalt has cured, it must be pressure washed prior to the surfacing being installed. The concrete contractor shall be responsible for flooding the pad to insure proper slope and tolerance. Any areas holding enough water to cover a flat nickel shall be patchd prior to arrival of turf installation crews. DEPTH: 4 -inch minimum thickness SLOPE: Concrete or Asphalt shall maintain a 1/4 -inch per foot TOLERANCE: Concrete must maintain a tolerance of 1/8 -inch in 10 -feet to avoid low areas that will hold water under the turf. PART 4 — SITE PREPARATION AND REQUIREMENTS DRAINAGE: Having proper drainage at the low end of the concrete slab is of utmost importance. Any brick walls or curbs at the low end of the slab shall have drainage access through weep holes. Concrete curbing, weep holes should be level with finish grade of sub -base or a minimum of 1/8 -inch below top of concrete slab, as synthetic turf surfacing is porous and water drains immediately through it. Weep holes shall be 2 - inches high and 3 -inches wide and shall be installed every 3 -feet. If weep holes are smaller than the recommended size, they shall be installed every 10 -inches. SP 24 of 26 SECURITY & WASTE DISPOSAL: Surface installation crew shall be responsible for the protection of surface during the installation process while on site only. Contractor shall be responsible for the protection of the surface during the curing period upon completion of the installation and overnight during the installation. Contractor shall be responsible for having a dumpster on site for all waste debris. Failure to provide security and a dumpster will result in additional cost. UTILITIES & ACCESS: Power and water must be available within 300 -feet of installation. Site will require tractor -trailer access. In a case where tractor -trailer access is not possible, Contractor shall be responsible for transporting materials from delivering carrier to the installation site. PART 5 — INSTALLATION GENERAL: The area is to be smooth and graded to allow proper drainage. The overall grade of the playground is not to exceed 3% percent. SYNTHETIC GRASS: Place turf and cut to fit configuration as shown on drawings. Splice seams. All seams must be attached with splicing film/fabric and adhesive as approved by the manufacturer for this type of installation of their product. INFILL: Apply layers of synthetic grass infill evenly with a spreader and broom the turf fibers with stiff bristle brooms to stand fibers up and allow infill to settle into the bottom. Broom in synthetic turf infill 1.5 pounds per square foot (minimum). ANCHORING/EDGING: Edges of turf to be secured to perimeter with Spike MH fasteners manufactured by Powers Fasteners or equal every 2 -feet on center per manufacturer's instructions. Size of fasteners to be 3.5 -inches long by 0.25 -inches. TREX composite 2 -inch by 4 -inch nail boards shall serve as the attachment surface for the synthetic turf fabric. Nail boards shall be continuous around entire perimeter of all synthetic turf areas. PART 6 — WARRANTY Synthetic turf surface shall be guaranteed against all defects in workmanship for a limited eight (8) year period. The product shall be guaranteed not to exhibit UV degradation or loss of tensile strength greater than 50 percent during said time period, and shall not have a pile height decrease in excess of 50 percent as a result of normal wear and tear with properly maintained infill levels as required. Warranty will be specific to maintenance requirements and performance standards of completed product. The product shall be free from defects in material and workmanship resulting in color loss. API standards related to pile fiber height shall be established pursuant to ASTM Test D5823. SP 25 of 26 Supplier's warranty excludes: any Product defect, damage or failure that is the direct results of Product abuse, misuse or negligent maintenance, and product damage caused directly or indirectly by acts of third parties. Including, without limitation, negligence of owner/operator, vandalism, machinery, animals, flood, chemical reaction, improper sub -surface preparation and/or installation, improper cleaning methods, and acts of God. END SP 26 of 26