Loading...
HomeMy WebLinkAboutC-7582-1 - 2018-2019 Playground ImprovementsAugust 13, 2020 R.E. Schultz Construction, Inc. Attn: Richard Schultz 1767 Batavia Street Orange, CA 92865 Subject: 2018-2019 Playground Improvements — C-7582-1 Dear Mr. Schuh: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov On August 13, 2019, the City Council of Newport Beach accepted the work for the subject project and authorized the City Ckerk to file a Notice of Completion, to reuse 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 August 14, 2019 Reference No. 2019000300177. The Surety for the contract is U.S. Specialty Insurance Company and the bond number is 1001097148. Enclosed is the Faithful Performance Bond - Sincerely, /6z---I-eilani I. Brown, MMC City Clerk Enclosure y Bond No.: 1001097148 Premium: $3,830 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001097148 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,830.00 , being at the rate of $ 20.30 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to R.E. Schultz Construction, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of removing and disposing of existing improvements; furnishing and installing flexible play surface systems; installing City -purchased play equipment, two City -purchased cool toppers and one shade fabric; placing P.C:C. base; and other incidental items to complete the work in place required by the Contract Documents." in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and 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 One Hundred Eighty Eight Thousand Six Hundred Forty Five Dollars and 001100 ($188,645.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the R.E. Schultz Construction, Inc. Page B-1 Bor,u No.: 1001097148 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of April ,2019 . R.E. Schultz Construction, Inc. i� C Name of Contractor (Principal) Authorized Signat re le U.S. Specialty Insurance Company Name of Surety Authorized Agent Signature 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 ATTORNEY'S OFFICE Date;._ - Fit: Aaron C. Harp City Attorney NOl ARY ACI<NOWI-I~DGMt-NTS OF CONTRACTOR AND SURETY MUST BE ATTACHED R.E. Schultz Construction, Inc. Page B-2 CAUFOWA ALL-PUPPM ACKNOWLEOGMiNT CML CODE $1189 A nobly pubic or 4#W oRber' compbWV it* catldcate vsrfifes only the Wm* of the Mvidual who signed the dom nent to which this certiflrxte Is attached, end not #* truo&*v s, ecraemy, or validity of that docA n"d State of Calitornle ) Countyof. orange ) on April 26, 2019 beforerne Lianne Nahina, Notary Public Dabs Here Insert Name and Title of the Officer fister of Signerfs) who proved to me on the basis of setisfactory evidence to be the person(f whose names) is/&p subscribed to the within instrument and acknowledged to me that he/tlreflYttiy executed the same in is/i'Wf�MM16b.autho � nd athat by hisYMlrrOM somdurepq on the km*ument the person0), hentity upon petsma acted, executed the inetrums;% I certify under PENALTY OF PERJURY under the laws Of the State of Caiifomis that the foregoing paragraph Is true and correct. WITNESS my hard and of ical seal, Off: �°°'t,,, LIANN=NANA ;r. m COMM. S/gnatuM of Not ay Public Y '° a NOTARYP(XO ' ' ORANGMYCOMM. E Place Notary Sae/ Above OPTIONAL Though this saction Is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this fomr to an unintended document, Descr"m of Atfached Domwnerrt Title 0► Type Of Document: Bond 1001097148 Document DBta, April 26, 2019 Number of Pages: Signers) Other Than Named Above: N/A, None CapaOftyQ6s) Ctdrned by Slgner(s) Signer'sNam9: Blake A. Pfister ® Corporate Officer — Titie(s): -- - IJ Parbter — 13 Limited ® General O Individual . 0 Attorney In Fact 0 TnWss 0 Guardian or Conservator ® Other. SI ner Is R esenting U.S. Spec ia .ty Innsurance Compal y Signer'sNama:------- O Corporate Officer — T#Ws): • Partner — ® Limited O General ® individual D Attorney in Fact O Trustee O Guardian or Conservator D Other. Signer is Representing: 02014 National Notary Assoclation • www.NatkrnaiNotary,mg • 1 -800 -US NOTARY (1-80MT6.6827) Item #5907 Bono No.: 1001097148 R.E. Schultz Construction, Inc. Page B-3 i_ A No.: 1001097148 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 Orain7e } ss.c�Qr F Z( On r 42 t I 2q 20 1't before me, L nAa `7 � t �, Notary Public, personally appeared 17aL'Ar2 5dgMITy-- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. LINDA MACKEY �F. Notary public - California - Orange County S; Commission N7213872 ■ My Comm.Evpires Ckt11,7W1 (seal) State of California County of ........... } ss. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are gubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thdir authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) R.E. Schultz Construction, Inc. Page B-4 TOKIO MARI NE HCC - --- 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 M aryland 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 Attorneys) -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 *****Five Million***** Dollars ( **'$5,000,000.00*** ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: -Be it Resolved, that the: President, any Vice -President, any Assistant Vioe-President, any Secretary or any Assistant Secretary shall be and is hereby. vestedwithfull power and authority to appoint any one. or more suitable persons as Afforney(s)-in-Fact to represent and act for and on behalf of the. Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, Including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and: any such Instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be It Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or: any certificate relating - thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1B1 day of June, 2018. AMERICAN. CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED S�',A�fiµ,URETX,rPANY U.r,$J'ECIAL,TY�Hr1URANCE COMPANY Mtµ roepw*t9 aOpNR� oxo AeA '�l*"i e.; State of California Q s< g: E + jf.m 'may t9 !�O �t�t r County of Los Angeles �sf/,` s, - /= g' L� Fa By: ` Daniel P. Aguilar, Vice President 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 On this 191 day of June, 2018, before me, Sonia 0. Carrejo, 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. saaeo.c"RFw� N""' 'k, Gl�lwnl9 Lo, MMtr�C.., f Co mmu9bn 171/9199 Signature (�pyt�_ (seal)rep�m.Lpr u.lom 1, Kio Lo, Assistant Secretary Df 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 correctcopyof 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 26Lh day Of Apri 1 _-, 2019 _• �e1.GI0FB . apOlNOrk. .o"E"gRF, .n n�nrnue*e Corporate Seats A ± Bond No. Agency No. 3074 E ips,;;>,,, ,rFeF 1Ews'?;r 5 Kio Lo, Assi&aA Secretary ,r ,rY n,r, ,inpiir, HCOSMANPOAM2018 visit tmhcc.com/surety for more information October 18, 2019 R.E. Schultz Construction, Inc. Attn: Richard Schultz 1767 Batavia Street Orange, CA 92865 Subject: 2018-2019 Playground Improvements C-7582-1 Dear Mr. Schultz: C111 -i NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 I 949-644-3039 rnx newportbeachca.gov On August 13, 2019 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 August 14, 2019, Reference No. 2019000300177. The Surety for the bond is U.S. Specialty Insurance Company and the bond number is 1001097148. Enclosed is the Labor & Materials Payment Bond. Sincerely, i� Leilani 1. Brown, MMC City Clerk Enclosure Bond No.: 1001.097:148 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. .1001097148 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to R.E. Schultz Construction, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of removing and disposing of existing improvements; furnishing and installing flexible play surface systems; installing City -purchased play equipment, two City -purchased cool toppers and one shade fabric; placing P.C.C. base; and other incidental items to complete the work in place required by the Contract Documents." in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, 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 One Hundred Eighty Eight Thousand Six Hundred Forty Five Dollars and 00/100 ($188,645.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contractecVto 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. R.E. Schultz Construction, Inc. Page A-1 Bond . 1001097148 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 26th day of April '2019 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 ATTORNEY'S OFFICE Date: 5%1/2011 By: (1k�- 1=M: Aaron C. Harp City Attorney RZ6k:--1- PO4-z- Authorized Signa !Title Authorized Agent Signature Blake A Pfister, Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR R.E. Schultz Construction, Inc. Page A-2 CALIFORNIA ALWWRPOM ACKNOWLEOGtBENT CML CODE § 1189 A rotary public or gthsr officer axrrnpiedng this certificate verifies only the idway of the ittdividuei who signed the dowrnent to which fids caftate Is attadwd, and not the trulMuhtess, scmaq, orvdit of that document. State of Calffomia On April 26, 2019 beforem9, Lianne Nahina, Notary Public Date Here Insert Name and T1tle of the Officer Perry appeared Blake A. Pfister Of signe(s) who Proved to me On the basis Of satisfactory evidence to be the person(* whose names) is/#* subscribed to the within Instrument and acknowiedged to me that he/SWWAW executed the same in a�, behaauthorized lf of R the and to b hW/acteexecuted I�nstruon the.Instrument � ��o, I cer ft under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS nW hand and official aea, a ,,m "<, LIANNE NAHINA Signature � )JI, ,_ COMM. # 2134629 $j Notary Public R NOTARY PUBLIC•CALIFORNIA;V - Signature of tC ORANGE COUNTY N ,r MYCOMM. EXP. DEC 5.2019 Place Notary Seal Above OPTIONAL Though this section /s optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Descr(ptim of Attached Document Title or Type of DOCUM9111; Bond 1001097148 OOCumant Data; April 26, 2019 Number of Pages; Signer(s) Other Than Named Above: N/A, Leone Capaolty ") Claimed by SWrW(s) Signer's Name: Blake A. Pfister 0 Corporate Officer — TRIe(sy 0 Partner — 0 Limited ® General 0 Individual 0 Attorney in Fact ® Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing, o.g. Specialty Insurance Company Signer's Name: ------- 0 Corporate Officer — Title(s): 0 Partner — E7 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 02014 National Notary Association - www.NaffordNotaty.org -1-800-US NOTARY (1-80o-878.8827) Rem #5907 .nd No.: 1001097148 AND SURETY MUST BE ATTACHED R.E. Schultz Construction, Inc. Page A-3 A No.: 10010971.48 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 Jr IAV � )ss. I . On L11 71 201j before me, 1 14A Mcto r t7 Marra ��lc Notary Public, personally appeared h'aer'l"{- � �Iln 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. LINDA MACKEY WITNESS my hand and official seal. Nolary Pohrc-caurornm a•: Orange COUnry Commission X 22131177 My Comm. EHplres OcI 11, 1071 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) R.E. Schultz Construction, Inc. Page A-4 TOKIOMARINE HCG 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 M aryland 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 Afforney(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 *****Five Million***** Dollars ( ***$5,000,000.00*** ). This Power of Attorney shall expire without further action on April 23rd, 2022. 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 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 Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-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 Attorney -in -Fad 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 1°r day of June, 2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED ST.ATED&SURETX,lQfJMPANY 1k&-4PECIAL X4NSURANCE COMPANY State of California MMNM,p uvx,9.,w County of Los Angeles By:� ' '�— 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, accumcv. or validity of that document On this 15r day of June, 2018, before me, Sonia O. Carrejo, 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. MAO. EAM[IE Ndegry P �M, C-MhWn11123909 Signature(seal) NrE9mm.rm,9,Aw»aov I, Kid, Lo, Assistant Secretary 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 26th day of April 2019 Corporate Seals ap+SpAEIORBkO& oo"ISVONoco', r,.otiBBURFTFs Oliq ,,$ Bond No. 1001097148 r3/ "� a 4 ov' : 'U a + '� 'g„`v'°ae°""* Agency No. 3074 ; ...- ,,< ;a? Kio Lo, Assi Secretary HCGSMANPOA0612018 visit tmhce.com/surely for more information Batch 4972337 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 3 of 3 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE + S R 0 0 1 1 0 5 0 0 0 8 8+ 2019000300177 2:12 pm 08114119 9 406 N72 7 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 April 23, 2019. Said Contract set forth certain improvements, as follows: 2018-2019 Playground Improvements Project - C-7582-1 Work on said Contract was completed, and was found to be acceptable on August 13. 2019, 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 AW61 �q_ at Newport Beach, California. BY City https:Hgs.secure-recording.com/Batch/Confirmation/4972337 08/14/2019 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 April 23, 2019. Said Contract set forth certain improvements, as follows: 2018-2019 Playground Improvements Project - C-7582-1 Work on said Contract was completed, and was found to be acceptable on August 13, 2019, 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 7 �/ 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 Yw 'f at Newport Beach, California. CITY CLU'l CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 4th day of April, 2019, at which time such bids shall be opened and read for 2018-2019 PLAYGROUND IMPROVEMENTS Contract No. 7582-1 $200,000 Engineer's Estimate Appro ed by .e-4 --- Mid el J. Sinacori Acting 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 at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project. Minimum `B" with "D-34" AND "D-12" Plus CPSI and LSI Certifications For further information, call Kathryne Cho, Project Manager at (949) 644-3014 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach 2018-2019 PLAYGROUND IMPROVEMENTS Contract No. 7582-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT..............................................................22 .................................................... LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach 2018-2019 PLAYGROUND IMPROVEMENTS Contract No. 7582-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractorshall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date), Members of the public who would like to attend this reading may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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 copies must be submitted to the City Clerk's Office by the Bid Due Date. 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, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated 3 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 California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act'. 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder, For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time 4 period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. 1007195 A& C61/1)34 Contractor's License No. & Classification 1000033385 DIR Registration Number & Expiration Date R.E. Schultz Construction, Inc. Bidder Authorized Signature/title Ra hard Schultz, President April 3, 2019 Date Bid Bond No. 11-327-259 City of Newport Beach 2018-2019 PLAYGROUND IMPROVEMENTS Contract No. 7582-1 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 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 2018-2019 PLAYGROUND IMPROVEMENTS, Contract No. 7582-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 4th day of April , 2019. R.E. Schultz Construction, Inc. Name of Contractor (Principal) U.S. Specialty Insurance Company Name of Surety 801 S Fiyueroasf700, Lor.3Anyeies, CA90017 Address of Surety 310-649-0990 Telephone Authorized Sibnaturd/Title 16 y r Authorized Agent Signs ure Blare A Pfister,ALtorney-in-fac_ Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 A notary public or Ow officer conVleft this certificate verities only the identity of the individual who signed the doamwit to which this cite is attached, and not the UiWdnew, ac=acy, or vali ty of that document. State of California ) County of .adage ) On March 27, 2019 Date beforeme, Lianne Nahina, Notary Public Here Insert Name and Title of the Officer pal, appeared Blake A. Pfister Name($) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(f whose name(s) WAV subscribed to the within instrument and acknowledged to me that he/IIOoNWAV executed the same in hisJ1i01111 111YA► authorized capacity((1N6j, and that by his/ftlfdMft'sigrature(M on the instrument the person f, or the ;;tit upon behalf of which ft persoro acted, executed the instrument. I oertify 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. °`'�F LIANNE NAHINA l COMM. #'2134629 X / W es 4o NOTARY PUBLIC -CALIFORNIA X Signator Q; ORANGE COUNTY N Signature of Notary Public C'4QFORH MY COMM. EXP. DEC 5, 2019 Place Notary Seal Above OPTI®NAL Though this sec=tlon !s optionel, completing this informaien can deter elteration of the document or fraudulent reattachment of this form to an unintended document. D of Attached! Document Trtle or Type of Document: Bid Bond 11-327-259 Document Dom• ,April 4, 2019 Number of Pages: 1 Signer(s) Other Than Named Above: N/A, Non e CaPWWP") Ci mad by Sigrww(s) Signer's Name: Blake A. P f i s t e r D Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General ® Individual. 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Reparssen tli Ups . spec i al t y Insur Signer's Name: ------- • ------ ® Corporate Officer — Title(s): ® Partner — 0 Limited 0 General ® Individual 0 Attorney in Fact ® Trustee O Guardian or Conservator ® Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org-1-800-US NOTARY (1-800878-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orangt On April 2, 2019 Date before me, Linda Mackey, Notary Public Here Insert Name and Title of the Officer personally appeared Richard Schultz Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LINDA MACKEY Notary Public - California z `D Orange County D Commission A 2213872 My Comm. Expires Oct 11, 2021 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Lf�e(" kAVj=g±y Signature of Notary P lic yr r rvnta�. 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: Bidder's Bond Document Date: April 4, 2019 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: Richard Schultz X Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: c'2018 National Notary Association Number of Pages: 1 Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: TOKIONIARINE HCC ------ POWER OF ATTORNEY _ AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTYINSU RANCE 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 M aryland 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 *****Five Million***** Dollars ( ***$5,000,000.00*** ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Beit Aesolvsd that the President, any Vice -President., any Assistant Vice;presideat,_any Secretary or_any Agaist> nt :Secretary shall he and is hereby vestesl_with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: 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 = thereund_er, and any such instruments so executed by any such Attorney -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:alltftriz-ed offfcarand seal of the Company heretofore or hereafter affixed to any power of attorney orany certificate relating thereto by facsimile, and any power"torney or certificate bearing facsimile signature or facsimile seal shall _be valid and bidding 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 1St day of June, 2018. -- AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY -- UNITED S4.TaAtR,�fRR§y,tiySpU4 R_E�TDYN,„DGIQNCO," ``hoe,rR�TI.4s�n2S 'rOofi NCECO-A- PANY �g• Staeof California a1tORI0MiE0 y -I j c - a,a„r SEVT.l4lfea t ,W„� 2� W� f�b 5 a j�2 �iI County of Los Angeles ;.., : o �,s�y i•.., By: "to��IIFORN\P p`P "-;;rTFOF t+"°'� "'',,,;,,,,,�� '.,,,'*""�,,.Daniel P. Aguilar, Vice President ,rn OIW,;," nonan"`ao` �,` ur nu A Notary Public or other officer completing this bertificate verifies only the identity of the individual who signed -the document to which this certificate is attached, Sad not the tnrthfulness, accurac , or validity of that document On this 1st day of June, 2018, before' me, Sonia O. Carrejo, 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.. SONIA O. CARREJO Notary PublIt - California Lot Angeles County Comml12239479 Signature (seal) MY Cabo omm. ExPlresAPr 23, 2922 " I, Kio Lo, Assistant Secretary 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 4th day of April 2019 ,on m R „ nun' ne,, ` pAI;tOr,': `. ��T1D!N[, r'r g9Ult ai - lasur,, ,, Corporate Seals Bond No. -11-327-259 l�V S o s •' ` Kio Lo, Assi Secret a�4lIFORN\Poo `• ...... ryrY Agency No. 3074 Inrlllln„ `""` ` HCCSMANPOA06/2018 =- visit tmhcc.com/surety for more information City of Newport Beach 2018-2019 PLAYGROUND IMPROVEMENTS Contract No. 7582-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. R.E. Schultz Construction, Inc. Bidder 9 Authorized Signature itle-Richard Schultz, President City of Newport Beach 2018-2019 PLAYGROUND IMPROVEMENTS Contract No. 7582-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name R.E. Schultz Construction, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Project Name/Number 18-045 La Mirada Parks Project Description Play Area Rehabilitation Approximate Construction Dates: From Agency Name City o La Mirada 9/2018 To: 2/2019 Contact Person Tony Moreno, PM Telephone ( 567 943-0131 Original Contract Amount $_L71,000 Final Contract Amount $ 768,000 If final amount is different from original, please explain (change orders, extra work, etc.) Deductive CO for deleted line item 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. 10 No. 2 Project Name/Number 18-015 Coldwater Canyon Park Project Description Playground Replacement and Site Improvements Approximate Construction Dates: From 2/2018 To: 1/31/2019 Agency Name City of Beverly Hills Contact Person Mandana Motahari, PM Telephone (31P-288-2866 Original Contract Amount $698,000 Final Contract Amount $ 775,000 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders for extra work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. No. No. 3 Project Name/Number 18-016 La Habra Schools Project Description New Kindergarten Playgr Eqpt Installation and Site Work Approximate Construction Dates: From 3/2018 To: 5/2018 Agency Name La Habra City School District Contact Person Moshir Kellada Telephone (625 945-4418 Original Contract Amount $ 420,349 Final Contract Amount $ 425,000 If final amount is different from original, please explain (change orders, extra work, etc.) Change nrrlar 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. 11 No. 4 Project Name/Number 17-011 Emery Park Project Description Playground replacement Approximate Construction Dates: From 6/2017 To: 8/2017 Agency Name City of Alhambra Contact Person Michael Macias Telephone (62Q 570-5081 Original Contract Amount $_168,000 Final Contract Amount $ 268,000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims, No. No. No. 5 Project Name/Number 19-005 Burrell Mac Donald Park Improvement Project Project Description Park improvements Approximate Construction Dates: From tbd To: tbd Agency Name City of Compton Contact Person Marvin Hunt Telephone (310761-1448 Original Contract Amount $_246 980 Final Contract Amount $ 246,980 (not complete) 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. 12 No. 6 Project Name/Number 19-016 Holly Valley Park Playground Project Description Playground improvements Approximate Construction Dates: From tbd To: Agency Name City of EI Segundo Contact Person Ken Berkman tbd Telephone ( 319 524-2356 Original Contract Amount $135,000 Final Contract Amount $ 135,000 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. 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 13 1 Authorized Signatureriftle ichard Schultz, President Richard E. Schultz P.O. Box 6, Silverado, CA 92676 P: 714-649-2627 F: 714-740-5049 E: rick@reschultzconstruction.com I am a general engineering contractor specializing in park restoration and playground installation with over 28 years of experience in both public works and the private sector. With the following qualifications: • Licensed in good standing in the State of California. • Subject to Prevailing Wage criteria as established by the State of California DIR. • Insurance/bonding at minimum level of $1,500,000. • Ability to post payment and performance bonds if selected for work projects over $25,000. • Current registration with DIR per SB854 Contractor Information: General Engineering Contractor - Class A & C61/D34 License #: 1007195 Expiration Date: 9/30/2019 DIR#: 1000033385 Expiration Date: 06/30/2019 Tax ID#: 32-0465469 Employees: 20 Contractor Education & Certifications: CPSI (Certified Playground Safety Inspector) NPCAI (Certificate of Playground Contractor Qualification NPCAI (Certificate of Achievement for Recreation Installation Specialist Certification Course) Certified Playground Installer for: • Landscape Structures • Playworld • Poligon, Porter Corp. • Play & Park Structures • BigToys • GameTime • PowerScape • Primetime City of Newport Beach 2018-2019 PLAYGROUND IMPROVEMENTS Contract No. 7582-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of rr1t_ ) Richard Schultz being first duly sworn, deposes and says that he or she is President of R.E. Schultz Construction, Inc., the 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 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 t le oregoing is true and correct. R.E. Schultz Construction, Inc. Z Bidder Authorized Signature Nitle- 'chard Schultz, President Subscribed and sworn to (or affirmed) before me on this day of 2019 by proved to me on the basis of satisfactory evidence to -be the person(s) who appeared before me. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] See attached Certificate k K&� Notary Public 14 My Commission Expires: O =1 . I I, 'a or i CALIFORNIA JURAT GOVERNMENT CODE § 8202 t.�:.L".Ti4;i{?It;.!iski•4e:ta�atf:?iSf�£iFkJ:r,.�a."Fs"i1�'.E3".1�t�.'t34kh"ritl�:e�t�s,A4.�E�iE�`i�3�`:�'Fs"F..IAF'P+:EY,J_'4#�k5�3,'ft`�'.'�A'E•;�3�1'�iht�?a4�f: k f', <5',.3:4a1:,'v i'siiF.?ti, S.2{;13ihi'1i�1F :4111 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 LINDA MACKEY Notary Public - California { Orange County CornmISS1011 N 2213872 My Comm. Expires Oct 11, 2021 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this 2nd day of April -20 19 , by Date Month Year (1) Richard Schultz (and (2) -- — ) Names) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me, SignatureCV(n, Ut�C't• Signature of Notary Pu is ARTA\I A 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: Non -Collusion Affidavit Document Date: April 2, 2019 Signer(s) Other Than Named Above: ©2018 National Notary Association Number of Pages: 1 City of Newport Beach 2018-2019 PLAYGROUND IMPROVEMENTS Contract No. 7582-1 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): U.S. Specialty Insurance Company, 801 S. Figueroa St., #700, Los Angeles, CA 90017 (310) 649-0990 The Bond Connection, Attn: Blake Pfister, P.O. Box 4164, Dana Point, CA 92629-9164 (800) 298-4826 15 City of Newport Beach 2018-2019 PLAYGROUND IMPROVEMENTS Contract No. 7582-1 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 i ne intormation required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2018 2017 2016 2015 2014 Total 2019 No. of contracts 15 150 125 110 100 80 580 Total dollar Amount of Contracts (in $400,000 $3M $2.5M $2M $1.5M $1M $10.4M Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving permanent 0 0 0 0 0 0 0 transfer to another job or termination of employment i ne intormation 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 Business Address: Business Tel. No.: State Contractor's License No. and Classification: R.E. Schultz Construction, Inc. 1767 N. Batavia St., Orange, CA 92865 _(714) 649-2627 1007195 A & C61/D34 Title Richard Schultz, President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title April 3, 2019 President & Secretary (s6re Officer) 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. INOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACI-IED1 17 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On April 2, 2019 Date before me, Linda Mackey, Notary Public Here Insert Name and Title of the Officer personally appeared Richard Schultz Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LINDA MACKEY } NotaryPublic- California z Orange County Commission 4 2213872 My Comm. Expires Oct 11, 2021 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature�� Signature of Notary P lic yr i rv11414L_ Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: Richard Schultz Corporate Officer — Title(s): President & Secretary ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2018 National Notary Association Number of Pages: 1 Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Newport Beach 2018-2019 PLAYGROUND IMPROVEMENTS Contract No. 7582-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's 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: Addendum No, Date Received Signature City of Newport Beach 2018-2019 PLAYGROUND IMPROVEMENTS Contract No. 7582-1 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: 1767 N. Batavia St., Orange, CA 92865 Telephone and Fax Number: (714) 649-2627 / (714) 740-5049 FAX California State Contractor's License No. and Class: 1007195 / A & C61/D34 (REQUIRED AT TIME OF AWARD) Original Date Issued: 0g/1 n/ of s 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: Rick Schultz, President 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 (sole Officer) PO Box 6, Silverado, CA 92676 (714) 649-2627 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A 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; 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 co liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /o a Are any claims or actions unresolved or outstanding? Yes'" If yes to any of the above, explain, (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. R.E. Schultz Construction, Inc. Bidder Richard Schultz (Print name of Owner or President of Corporation/C pany) Authorized Signature/Title-- President Title April 3, 2019 Date 4n before me, , Notary Public, personally appeared who proved to me on the basis of satisl�ictory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowIlodged 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 o erect. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: 21 See attached Certificate (SEAL) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 vlw& iRZ ?ft�;bltd=a,441SL, 011:}Si'erir':.c�•.5wI A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange J} On April 2, 2019 before me, Linda Mackey, Notary Public Date here Insert Name and Title of the Officer personally appeared Richard Schultz Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. >F? .' LINDA MACKEY Notary Public - California i • fir. Orange County Commission 0 2213872 My Comm. Expires Oct 11, 2021 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature L ^'— Signature of Notary P litli� c Vr" f wrvrlL. 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: Information Required of Bidder Document Date: April 3, 2019 Signer(s) Other Than Named Above: N/A Capacity(les) Claimed by Signer(s) Signer's Name: Richard Schultz X Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association Number of Pages: 3 Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Certificate of Amendment Of Articles of Incorporation The undersigned certify that: A0779521 FILED Secretary of State State of California JAN 0 7 2016 �/ \ C(, They are the President and the Secretary, respectively, of RES ENTERPRISES, INC., a California corporation. 2. Article i. of the Articles of Incorporation of this corporation is amended to read as follows: The name of the corporation is: R E Schultz Construction Inc 3. The foregoing amendment of Articles of Incorporation has been duly approved by the board of directors. 4. The corporation has issued no shares. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE: J 1,) 5, 2-0) /, Richard Schultz, Presi nt Richard Schultz Secret Senders Contact Information: Richard Schultz 2914 E. Katella Ave #102 Orange CA 92867 714-649-2627 Entity #C3779421 "S��r . � I t�F'rehy cath tran:;rnpt of tial thv fC�n�cjc)hiff 5 H lull trtja and C'Yrec n`aga(g; +st copy ()II It,p x bt r t. GatlGir'th Sar.rf�tr�ry ,�I Illodv of f1w JAN 1 9 2096 Date: ALEXSarretary of State Check A License - License Detail Page I of 2 Contractor's License Detail for License # 1007195 DISCLAIMER: 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 (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. Business Information R E SCHULTZ CONSTRUCTION INC POBOX 6 SILVERADO, CA 92676 Business Phone Number:(714) 649-2627 Entity Corporation Issue Date 09/10/2015 Expire Date 09/30/2019 License Status is license is current and active. SII information below should be reviewed. Classifications A - GENERAL ENGINEERING CONTRACTOR C-61 / D34 - PREFABRICATED EQUIPMENT Bonding Information Contractor's Bond his license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100320462 Bond Amount: $15,000 Fective Date: 08/08/2016 (Contractor's Bond History - Bond of Qualifying Individual -- hequalifying individual RICHARD EARL SCHULTZ certified that he/she owns 10 percent or more of the voting stocWmembership interest of this company; therefore, the Bond of Qualifying Individual is not required. Effective Date: 06/24/2016 i !BQI's Bond History Workers' Compensation This license has workers compensation insurance with the STARSTONE NATIONAL INSURANCE COMPANY (Policy Number:T20160710 j ;Effective Date: 04/14/2017 ,Expire Date: 04/14/2018 Workers' Compensation History Other https://www2.cslb.ca.gov/OnfineServices/CheckLicenseli/LicenseDetaii.aspx'?LicNuin=1007195 9/20/2017 C V o L a a L C m b c i r ° V V O � ° • � s � H 40+0 bo c .r bkA 3 .0CL° 3 � V Lo p u '+r• bD L Q O a CL A V V O vul M C 'L m ° O = °' L V v _ (A L L O al 5 a a .V 4-0 L • a L a- Lu z° . L UQ z c J 0 0 �h O V � co ro LO � o p CC O CD C. X12 7G V « w 4s .�. 0 d CN C o ;LO� Q v -a :t Lo o Imo. r 3 m m J J J H U U V E 0 4-1 u t 0. C1 O CV �► W o > U O C) O pk ro � C 7 N raj CO �ry4 E o cez r _. O �- U O w cJ o z O O Q W US) W z U a w U C -� cl� ? Cz V 4 �J .O CCS V 0 r-4 ;-1 ii, IJ Kai r—I �A a) M • '..) It; zz Cz V 4 �J .O CCS V 0 r-4 ;-1 ii, IJ Kai r—I �A City of Newport Beach 2018-2019 PLAYGROUND IMPROVEMENTS Contract No. 7582-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 2018-2019 PLAYGROUND IMPROVEMENTS CONTRACT NO. 7582-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd day of April, 2019 ("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 1767 N. Batavia Street, Orange, California 92865, 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; furnishing and installing flexible play surface systems, installing City -purchased play equipment, two City -purchased cool toppers and one shade fabric; placing P.C.C. base; 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 . ollows: 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. 7582-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Eighty Eight Thousand Six Hundred Forty Five Dollars ($188,645.00). 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 to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to R.E. Schultz Construction, Inc. Page 2 City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: 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 R.E. Schultz Construction, Inc. 1767 N. Batavia Street Orange, CA 92865 R.E. Schultz Construction, Inc. Page 3 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. R.E. Schultz Construction, Inc. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City R.E. Schultz Construction, Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be R.E. Schultz Construction, Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. R.E. Schultz Construction, Inc. Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. 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. R.E. Schultz Construction, Inc. Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 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 ATTO N Y'S OFFICE Date: L20 By: 0,4-k 1AZIel't, — pa{ : Aaron C. Harp ?SID -4+ 19 City Attorney ATTEST: Date: S- 10 By: LeVani I. Vrown CITY OF NEWPORT BEACH, a California munici al corpor ion Date: , $(14 Diane B. Dixon Mayor CONTRACTOR: R.E. Schultz Construction, Inc., a California corporation Date: By: Signed in Counterpart Richard Schultz President & 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 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 ATTORN Y'S OFFICE Date: _ �i Zol By: - � ---- - - Fot '.Aaron C. Harp po City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: --____-- By: Diane B Mayor Dixon CONTRACTOR: R.E. Schultz Construction, Inc„ a California corporation Date: 4/26/19 By:_ Rich rd Schultz President & 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 Bond No.: 1001097148 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 1001097148 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to R.E. Schultz Construction, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of removing and disposing of existing improvements; furnishing and installing flexible play surface systems; installing City -purchased play equipment, two City -purchased cool toppers and one shade fabric; placing P.C.C. base; and other incidental items to complete the work in place required by the Contract Documents." in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, 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 One Hundred Eighty Eight Thousand Six Hundred Forty Five Dollars and 00/100 ($188,645.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracteflo 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. R.E. Schultz Construction, Inc. Page A-1 Bond No.: 1001097148 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 26th day of April 12019 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 ATTORNEY'S OFFICE Date; 5111112,0(s By: 1l f:7o?: Aaron C. Harp City Attorney pz� 'EA-4-7— Authorized - �L_ Authorized Signa /Title A/L--, Authorized Agent Signature Blake A Pfister, Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR R.E. Schultz Construction, Inc. Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 A notary pubic or Rte' officer conVieft this catiftate verify only the identity of the individual who signed the doc urriertt to which this ate Is attached, and not the truftilnim, ac miracy, or vakrdy of that document. State of Caiifomia ) County of o r a n e ) on April 26, 2019 bgforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer Blake A. Pfister Names) of Signer(s) f who proved to me on the basis of satisfactory evidence to be the person(4) whose name(s) is/Aw subscribed to the within instrument and acknowledged to me that he/dWWAW executed the same in .0111,01110 authorized capacity0", and that by his/iaiO~ signature(6) on the instrument the person ft or the entity _upon behalf of which the person(t) acted, executed the instrumerrt. 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. SSS OF? NAHINA Signature ` N LIANNE a '_M COMM. # 2134629 Z d ' Signature of Notary Public W a o NOTARY PUBLIC -CALIFORNIA X ORANGE COUNTY (a MY COMM. EXP. DEC 5, 2019 Place Notary Seal Above OPT/ONAL 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 Aitaded Document Title or Type of Document: Bond 1001097148 Document pate; April 26, 2019 Number of Pages: Signers) Other Than Named Above: N / A , N o n e Capacity(ies) Claimed by 3119�s) Signer's Name: Blake A. Pfister ® Corporate Officer — Title(s): 0 Partner — ® Limited ® General ® Individual . 0 Attorney in Fact 0 Trustee ® Guardian or Conservator 0 Other: Signer Is Representing: U.S. specialty Insurance Company Signer's Name: ------- ® Corporate Officer -- Title(s): 0 Partner — ® Limited 0 General ® Individual D Attorney in Fact ® Trustee 0 Guardian or Conservator ® Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org-1-800-US NOTARY (1-800-876-6827) Item #5907 Bond No.: 1001097148 AND SURETY MUST BE ATTACHED R.E. Schultz Construction, Inc. Page A-3 Bond No.: 1001097148 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 Ora n. ,t- ss. On Aprt21 20 before me, _LcK-�a PAa,dOL � O+V-L� P& <<G Notary ublic, personally appeared C. ir-� S L1 l f Z who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature LINDA MACKEY ' Notary Public - Callfornia A < '�r orange County Commission q 2213872 My Comm. Expires Oct 11, 2021 (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) R.E. Schultz Construction, Inc. Page A-4 TOK10MARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING_ COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY-_=lNWMNCE 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 M aryland 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 *****Five Million***** Dollars ( ***$5,000,000.00*** ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted under andAW authority of the following resolutions adopted by the Boards of -Directors of the Companies: B41 Resolved, that the President, any Vice -President, any Assistant Vice-President=any Secretary or _any Assistant Secretary shall be and is hereby -- vested with full power and authority to appoint any one or more suitable persons as Attorneys) In Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder and any such instruments so executed by any such Attorney -in -Fact shall binding upon the Company as if signed by the President -and sealed and)ffected--_ by the Corporate Secretary. Be it Resolved, that the signature of any-authonzed�officer and s�W of the Company heretofore or hereafter affixed to any power df attorney q"ny certificate relating thereto by facsimile, and anyFsower of attorney or certificate bearing facsimile signature or facsimile seal shMfbee valid and -binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1St -day of June, 2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BON__DIN"MPANY UNITED STAB�r-�Q SURETY( C6J�IJPANY lJ,taur$PECIAIIt (lAl�rt� NY -- o�tpp�TOgg�yy opN�tNQC :?�iGS SUftFTy-_.-.y+,�nWra�a� - - - -- car •..pc *'. O'c„V*o State of California PA1<c rY�s Y SCounty of Los Angeles 'W_` ,;p ssy s !, ,, '` 6 By: Daniel P. Aguilar, Vice President A Notary Public or other officer cgmAW ng this cdffl afe verifies only the identity of the individual who signed _thy docurh6h t_o which this certificate is attached ani not the truthlst(_ _accuracy, or validity of that document On this 15' day of June, 2018, before—me, Sonia O: Carrejo, a notary public, personally appeared Daniel P. Aguilar-; Vice PreiNght 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 personar 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.. SONIA 0.CARRlJO Notary t.es Anieles County t l.Ommissbn 0 2279479 Signature (seal)'' µY Comm, Expires Apr 2),2022 I, Kio Lo, Assistant Secretary 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 26th day of April 2019 ,nnWO ,l4 `Hq,n,U ,appy 00 nlvr gyp,, Iny, ti Corporate Seals ``GQa�RAcraes�yoa o+OONniNG.c0' r�t66sF}mss $a�'e«�lnsu�y Bond No. 1001097148` rcaeroaa,E viz k r iD C £ _ i�S y°:: ser, s.,warn c•W-j iC :Y; �a� s�'�'1., l' a r�$x' Agency No. 3074 ,'a; .P, ",� ......••' �. �, Kio Lo, Assi Secretary yrinfORnao+ gyyF Of YB m nwP•`o+` 'yppnnnumuH""` IWPO`+ y"yi 1-ICCSMANPOA08/2018 visit tmhce.com/surety for more information Bond No.: 1001097148 Premium: $3,830 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001097148 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,830-00 , being at.the rate of $ 20.30 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to R.E. Schultz Construction, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of removing and disposing of existing improvements; furnishing and installing flexible play surface systems; installing City -purchased play equipment, two City -purchased cool toppers and one shade fabric; placing P.C:C. base; and other incidental items to complete the work in place required by the Contract Documents." in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and 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 One Hundred Eighty Eight Thousand Six Hundred Forty Five Dollars and 001100 ($188,645.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the R.E. Schultz Construction, Inc. Page B-1 Bond No.: 1001097148 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of April ,2019 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 ATTORNEY'S OFFICE Date: By: 2wt. �{ = Aaron C. Harp City Attorney 1� Authorized Signature le Authorized Agent Signature Blake A Pfister, Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED R.E. Schultz Construction, Inc. Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 A notary pub or officer completing this cerftate verifies only the identity of the individual who signed the doewrrent to which the ate is attached, and not the truftilnew, axuracy, or validity of that document. State of Califomia County of orange on April 26, 2019 before Me, Lianne Nahina, Notary Public Date Mere Insert Name and Title of the Officer p onajiy appeared Blake A. Pfister Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4) whose names) is/AV subscribed to the within instrument and acknowledged to me that he/ A0V executed the same in hWVNO W authorized capacity , and that by his/IMOOM signature(s) on the instrument the personM, or the entity ,upon behalf of which the person($) acted, executed the instrument ,SE °`'"F LIANNE NAHINA COMM. # 2134629 iU NOTARY PUBLIC -CALIFORNIA X ` ORANGE COUNTY CO MYCOMM. EXP. DEC 5, 2019 N Place Notary Seal Above i certiiy 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 l Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Title or Type Of Document: Bond 1001097148 Document Date• April 26, 2019 Number of Pages: Signers) Other Than Named Above: N / A , N o n e C y(I") Claimed by %? Signer's Name: Blake A. Pfister 0 Corporate Officer — Title(s): 0 Partner 6 ® Limited ® General 9 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: u . S. Specialty Insurance Company Signer's Name. ------- 0 ------ 0 Corporate Officer -- Title(s): ® Partner — 0 Limited 0 General * Individual 0 Attomey in Fact ® Trustee O Guardian or Conservator 0 Other: Signer Is Representing: Win W 02014 National Notary Association - www.NationalNotary,org • 1 -800 -US NOTARY (1-800-876-6527) Item #5907 Bond No.: 1001097148 R.E. Schultz Construction, Inc. Page B-3 Bond No.: 1001097148 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 Or� }ss. On �rt I 2q 20 i"'1 before me,a Notary Public, personally appeared P-t6(/aY SdA who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. U� l�f Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) LINDA MACKEY Notary Public - California Orange County n Commission k 2213872 My Comm. Expires Oct 11, 2021 County of )SS. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) R.E. Schultz Construction, Inc. Page B-4 TOKIO MARINE _ HCC ----- -- 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 M aryland 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 *****Five Million***** Dollars ( ***$5,000,000.00*** ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted under- and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be /t Resblved, that the -President, any Vice -President, any Assistant Vice-Preslden"ny Secretary or_ -any Assistant Secretary shall be and is hereby Acested with full_ power and authority to appoint any one or more suitable persons as Attorneys) In Fait to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability , thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected-_ by the Corporate Secretary. Be it Resolved, that the signature of any=autharfzed officer and sol of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and!y power oflattorney or certificate bearing facsimile signature or facsimile seal shall be valid and Jawing upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1s' day of June, 2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS 13ONDINO-9MPANY UNITED SQA S,SURETy, C4N _4#,PANY„t�,��R$PECIAI„�nt{t1�U12AN�E�6IVIPANY -4o�t4A .Re�oyy=AP;RYc: fiph,5 rsa�Sncwanos a 2 s r 1 1 n \ rmoo State of California qt �y oe=ye 3 sal exrao x. t a 1;:- # t9's 1 t v _� �s sa 3tFYT. x,few Y J� r s Y { County of Los Angeles : `°= ° y,•..,, �? =' Y Daniel P. Aguilar, Vice President `� A Notary Public or other officer comi� this certificate verifies only the identity of the individual who signed the document=to which this certificate is attached, and +not the truthl0fts;-accuracy, or validity of that document == On this 1st day of June, 2018 before me,_ Sonia 0. Carnejo,a notary public, personally appeared Daniel P. AguildtNice-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.. SONIA O. CARREJO Notary Public • California sdAaA., Los Angeles County Commisslon 122) 9179 Signature (seal) \ My Comm.ExplresApr23.1022 I, Kio Lo, Assistant Secretary American iContractors ,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, whichis 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 6t.h day of A= ri i ?ni a nC74rryaa$U �"Mow ry Corporate Seals wl a4 -Bond No. _ izt< r �( w_t MCaaeaRATic i y Pin, fbn`3Y` tYe SYS a'p �,a3 Y 6 �•o _ ! S *••... 'w,sr •.. ,y,,,` - o •.. : �?, Kio Lo, Assi Secretary Agency No. 3074 Nl °aciioaw�p,c` nFOFYi o ,,,s,„rrn,, * q"„'p HCCSMANPOA06/2018 visit tmhcc.com/surety for more information 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten R.E. Schultz Construction, Inc. Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may R.E. Schultz Construction, Inc. Page C-3 review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. R.E. Schultz Construction, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/2/19 Dept./Contact Received From: Raymund Date Completed: 5/7/19 Sent to: Raymund By: Jan Company/Person required to have certificate: R.E. Schultz Construction, Inc. Type of contract: Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/22/19 — 4/22/20 A. INSURANCE COMPANY: Scottsdale Insurance Company B. AM BEST RATING (A- : VII or greater): A+ / XV INSURANCE COMPANY: Mercury Insurance Company C. ADMITTED Company (Must be California Admitted): B. Is Company admitted in California? ❑ Yes N No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M/$2M E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must Is Company admitted in California? include): Is it included? (completed Operations status does ❑ No D. not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND UM, $2M min for Waste Haulers): What is limits provided? COMPLETED OPERATIONS ENDORSEMENT (completed 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 N/A included? N Yes ❑ No 1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be N Yes ❑ No included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured ❑ No H. is not limited solely by their negligence) Does endorsement N N/A ❑ Yes 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: 6/19/18-6/19/19 A. INSURANCE COMPANY: Mercury Insurance Company B. AM BEST RATING (A-: VII or greater) A+ / XIII 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. ADDITIONAL INSURED WORDING: ❑ N/A N Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A N Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: N N/A ❑ Yes ❑ No 1. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 4/14/19-4/14/20 A. INSURANCE COMPANY: Insurance Comnanv of the West B. C. D. E. F. G. AM BEST RATING (A-: VII or greater): A / XII ADMITTED Company (Must be California Admitted): WORKERS' COMPENSATION LIMIT: Statutory EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) WAIVER OF SUBROGATION (To include): Is it included? SIGNED WORKERS' COMPENSATION EXEMPTION FORM H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY VI BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 5/7/19 Date ® Yes ❑ No ® Yes ❑ No $1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® 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. 5/6/19 Risk Management approved use of non -admitted General Liability carrier. Approved: Risk Management Date * Subject to the terms of the contract. City of Newport Beach 2018-2019 PLAYGROUND IMPROVEMENTS Contract No. 7582-1 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. 7582-1 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: April 3, 2019 Date (714) 649-2627 / (714) 740-5049 FAX Bidder's Telephone and Fax Numbers 1007195 / A & C61/1)34 Bidder's License No(s). and Classification(s) R.E. Schultz Construction, Inc. Bidder �- Richard Schultz, President Bidder's Author ZIed Signature and Title 1767 N. Batavia St., Orange, CA 92865 Bidder's Address Bidder's email address: linda@reschultzconstruction.com PR -1 City of Newport Beach 2018-2019 PLAYGROUND IMPROVEMENTS (C-7582-1), bidding on April 4, 2019 10:00 AM (Pacific) Bid Results Bidder Details Vendor Name R E Schultz Construction, Inc. Address 1767 N. Batavia Orange, CA 92865 United States Respondee Chris Thomas Respondee Title Project Mgr Phone 714-649-2627 Ext. Email chris@reschultzconstruction.com Vendor Type License # 1007195 CADIR Bid Detail Bid Format Electronic Submitted April 4, 2019 8:59:52 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 173347 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name Bid Submittal C-7582-1 Bid Documents Bid Submittal C-7582-1 Bid Documents.pdf Bid Submittal C-7582-1 Bid Bond Bid Submittal C-7582-1—Bid Bond.pdf Line Items Type Item Code UOM Qty Unit Price Section 1 1 Mobilization LS 2 Remove and Dispose of Existing Play Equipment LS 3 Remove and Dispose of Existing Wear Course SF 4 Remove and Redistribute Existing Sand at Channel Place Park CY 5 Install New City -Purchased Playground Equipment LS 1 $15,000.00 Page 1 Printed 04/04/2019 File Type General Attachment Bid Bond Line Total Comment $15,000.00 1 $12,000.00 $12,000.00 3400 $3.70 $12,580.00 24 $50.00 $1,200.00 1 $57,000.00 $57,000.00 City of Newport Beach Page 2 2018-2019 PLAYGROUND IMPROVEMENTS (C-7582-1), bidding on April 4, 2019 10:00 AM (Pacific) Printed 04/04/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Construct 0.5 -Inch Thick Colored Wear Course SF 3100 $10.07 $31,217.00 7 Construct 4 -Inch Thick P.C.C. Base, 3.5 -Inch thick Cushion Layer, and 0.5 -Inch Thick colored Wear Course SF 1916 $28.00 $53,648.00 8 Provide As -Built Drawings EA 9 Provide Additional Cushion Layer Bufferings (Allowance) LS Subcontractors Name & Address Robertson Recreational Surfaces - Tot Turf 2412 W.12 St Tempe, AZ 85281 United States 1 $1,000.00 1 $5,000.00 Subtotal Total Description License Num PIP surfacing installation 667261 CADIR 1000002700 $1,000.00 $5,000.00 $188,645.00 $188,645.00 Amount Type $55,000.00 PUBLIC WORKS DEPARTMENT INDEX n ��`s FOR C 81084 SPECIAL PROVISIONSf�cv. ogli► 2018-2019 PLAYGROUND IMPROVEMENTS CONTRACT NO. 7582-1 SPECIAL PROVISIONS 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 4-1 MATERIALS AND WORKMANSHIP SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. 6-7 TIME OF COMPLETION 6-9 LIQUIDATED DAMAGES. SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-8 PROJECT SITE MAINTENANCE 7-10 SAFETY 7-15 CONTRACTOR'S LICENSES. 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS. SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 1 1 1 2 2 2 2 3 3 3 4 4 4 6 7 7 SECTION 203 --- BITUMINOUS MATERIALS 203-16 RUBBERIZED PLAYGROUND SURFACES APPENDIX A 1.01 POURED IN PLACE PLAYGROUND SURFACING 1.02 PERFORMANCE REQUIREMENTS 2.01 PRODUCT SCOPE 2.02 CUSHION LAYER SECTION 2.03 WEAR COURSE 2.04 BINDER 4.01 SITE PREPARATION 4.02 INSTALLATION 10 10 12 12 12 13 14 14 15 16 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2018 — 2019 PLAYGROUND IMPROVEMENTS CONTRACT NO. 7582-1 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 -5263-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. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www. newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 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." 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; furnishing and installing flexible play surface systems; installing City -purchased play equipment, two City -purchased cool SP1 of 18 toppers and one shade fabric; placing P.C.C. base; and other incidental items to complete the work in place required by the Contract Documents." 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. SP2of18 SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the `Notice to Proceed.' No work shall begin until a 'Notice to Proceed' has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Order of work shall be as listed below: 1. Eastbluff Park — Must be completed by May 24, 2019 2. Channel Place Park — Must be completed by June 14, 2019 3. Cliff Drive Park" 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 40 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, SP3of18 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 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday, 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 $146.00 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 $1,000.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000.00 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." SP4of18 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 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 $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $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 saw -cutting 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. SP5of18 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 screened 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. SP6of18 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. 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, at a minimum, General "B" Building Contractor's with a "D-34" (prefabricated equipment) and "D-12" (synthetic products/rubber surfacing) 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. Add to Section, "Contractor shall maintain possession of the following certifications by relevant members of the project team assigned to City project: a) CPSI certified (Certified Playground Safety Inspector) b) LSI certified (Landscape Structures Incorporated) 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. SP7of18 The "As -Built" drawings shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not 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 screened temporary construction/security fence around the perimeter of the project sites to the satisfaction of the Engineer; providing necessary traffic control; posting all necessary notifications and construction safety signage; and all other related work as required by the Contract Documents. Item No. 2 Remove and Dispose of Existing Play Equipment: Work under this item shall include, but not be limited to, removing and disposing of existing improvements; removing footings and foundations where conflicting with new installation or two feet below sand surface; installing 4 -inch P.C.C. base and 3.5 -inch cushion layer buffings where posts were removed, in order to accommodate the new City -purchased play equipment and new colorized wear course; and all other work items as required to complete the work in place. Item No. 3 Remove and Dispose of Existing Wear Course: Work under this item shall include, but not be limited to, removing and disposing of the necessary existing wear course surface per the Contract Documents; and all other work items as required to complete the work in place. Item No. 4 Remove and Redistribute Existing Sand at Channel Place Park: Work under this item shall include, but not be limited to, removing existing sand in order to accommodate new playground surface system per Contract documents; placing, SIR 8of18 spreading and leveling displaced sand around the same playground; and all other work items as required to complete the work in place. Item No. 5 Install New City -Purchased Playground Equipment: Work under this item shall include, but not be limited to, loading, transporting, unloading, and installing new City -purchased playground equipment, including CoolToppers and shade fabric, per Contract Documents and manufacturer's specifications; installing footings and foundations per manufacturer's specifications; and all other work necessary to complete the work in place. Play equipment shall be delivered to the Contractor's warehouse and stored. Contractor shall transport necessary play equipment to the appropriate parks. Item No. 6 Construct 0.5 -Inch Thick Colored Wear Course: Work under this item shall include, but not be limited to, constructing a 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. 7 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, compacting subbase; constructing a 4 -inch thick P.C.C. base with thickened edge and doweling to the existing P.C.C. base per Contract Documents; installing 3.5 - inch thick cushion layer; installing 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. 8 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 $1,000.00 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. Item No. 9 Provide Additional Cushion Layer Buffings (Allowance): The Contractor shall have included in this bid a $5,000.00 allowance for providing additional cushion layer buffings per the direction of the Engineer prior to installing new wear course layer. All work under this bid item requires prior written approval from the Engineer. This item may be removed or reduced in the contract at the City's discretion and no additional compensation shall be made for bid items removed or reduced. 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." SP9of18 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: TotTurf 16059 E. Foothill Blvd Irwindale CA, 91706 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 SP 10 of 18 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. SP 11 of 18 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 Fall Height Test ASTM F 1292-18. 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 1951-14 and ASTM F 1292-18. Poured in place surfaces shall be manufactured and installed by trained and experienced installers. Submittals: The following shall be submitted for rubber surfacing for playgrounds: One original hard copy of the submittal package will be provided. Manufacturer's descriptive data and installation instructions. Manufacturer's details showing depths of wear course and sub -base materials, anchoring systems and edge details. SP 12 of 18 • Upon request, a listing of comparable installations where products similar to those proposed for use have been installed and have been in service for a minimum period of three years. This list shall include owner, address of installation, date of installation, contact person, and phone number. • Upon request, 4 -inch by 6 -inch samples of the proposed material for this project. IPEMA certification shall be mandatory. Delivery, Storage and Handling: Materials and equipment shall be delivered and stored in accordance with the manufacturer's recommendations. Project Site Conditions: Poured in Place surfacing must be installed on a dry sub -surface, with no prospect of rain within the initial drying period, and within the recommended temperature range of the manufacturer. Installation in weather condition of extreme heat, less than 55 degrees (F), and/or high humidity may affect cure time, and the structural integrity of the final product. Immediate surrounding sites must be reasonably free of dust conditions or this could affect the final surface look. Warranty: Poured in place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and material for a limited five (5) year period. Warranty will be specific to maintenance requirements and performance standards of completed product. 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 13 of 18 (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. (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 65°A ±5 and particle size between 1-4mm. Binder shall be not less than 20 percent of total weight of SP 14 of 18 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. Q) 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: NH Rubber Products and Rosehill Polymers 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 15 of 18 (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. Sub base shall be a minimum of 4 -inches and should exhibit positive drainage. (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. SP 16 of 18 (d) Drainage: Verify that sub -surfacing drainage, if required, has been installed to provide positive drainage. 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 border 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 1.5 -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 17 of 18 (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. END SP 18 of 18