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HomeMy WebLinkAboutC-8953-1 - FY 2022-2023 Playground Improvementsr r CITY OF NEWPORT BEACH ' NOTICE INVITING BIDS V 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 5tt' davof April, 2023, at which time such bids shall be opened and read for FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO. 23P01 CONTRACT NO. 8953-1 $310,000 Engineer's Estimate Approved by James M. Houlihan Deputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http:llwww.planetbids.com/portal/portal.cfm?CompanylD=22078 Mouse Graphics at (949) 548-5571 659 W. 19"1 Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" with all playground installation work to be performed by a Contractor with a "D-34" License and "D-12" shall be required of any Contractor performing rubber surfacing. For further information, call Kathryne Cho, Project Manager at (949) 644-3014 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE. https://www. newportheachca_gov/.gove-rnm-ent/data-hub/online-services/bids-rfos-vendor registration City of Newport Beach FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO. 23P01 CONTRACT NO. 8953-1 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..........................................10 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 SPECIAL PROVISIONS............................................................................................ SP-1 2 City of Newport Beach FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO. 23P01 CONTRACT NO. 8963-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: 51 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 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 reviewe -Richard Schultz 1007195 A, B, C-61/D34 —� President, Sole Officer Contractor's License No. & Classification Authorized Signatuje/Title 1000033385 Exp.6/30/24 DIR Registration Number & Expiration Date R.E. Schultz Construction, Inc. Bidder 5 4/5/23 Date City of Newport Beach BOND NO. 11-327-496 FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO. 23P01 CONTRACT NO. 8953-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Amount Bid In Dollars ( 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of FY 2022- 2023 Playground Improvements, Contract No. 8953-1 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 5` day of April , 2023. R.E. Schultz Construciton, Inc. Name of Contractor (Principal) U.S. SpecialtV Insurance Company Name of Surety 801 S Figueroa St #700 Los Angeles, CA 90017 Address of Surety 800-486-6695 Telephone Authorized Agent Signature Blake A. Pfister, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) C^ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ------------------ A notary public or *ff officer cmple" this certificate verifies only the identity of the oxkvKW who signed the document to which this certificate is attached, and not the truthfulness, acc uraW, or validity of that document. State of California ) County of Q r ange ) On March 30r 2023 beforeme, Lianne Nahina, Notary Public , Date Here Insert Name and Title of the Officer pally appeared Blake A. Pfister Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name(s) is/so subscribed to the within instrument and acknowledged to me that he/MN WAW executed the same in h'rs�b authorized capacity*$, and that by hW40~ signature`flj on the instrument the person, or the entity _upon behalf of which the person($) aid, executed the instrument. 5�`°`'HE LIANNE NAHINA N 8: COMM. # 2314283 M W a o NOTARY PUBLIC-CALIFORNIA N ORANGE COUNTY MY COW EXR DEC 6, 2023 1 certify under PENALTY OF PERJURY under the laws of the State of California #W the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Dew of Attached Do"nmg Title or Type of Document: Bid Bond 1 1- 3 2 7- 4 9 6 Document Date: Apr i t 5, 2 0 2 3 Number of Pages: 1 Signer's) Other Than Named Above: N / A , N o n e Capaciy(160) Clam by Signer(s) Signer's Name; Blake A. Pfister 0 Corporate Officer - Title(s): _ M Partner - M Limited M General 0 Individual IN Attorney in Fact 0 Trustee El Guardian or Conservator 0 Other: Si ner Is Representing: U. S. Specialty Insurance Company Signer's Name: -- - - - - - ® Corporate Officer -- Title(s): 0 Partner - ® Limited I❑ General 0 Individual Q Attorney in Fact 0 Trustee O Guardian or Conservator 0 Other: Signer Is Representing: 02014 National Notary Association , www,NationalNoiary,org • 1-8QO-US NOTARY (1-800-876-6827) Item #5907 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. of California v of ss. On , 20 before me, see attached acknowledgment No\person(s), ersonally appeared see attached acknowledgment whe on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sube within instrument and acknowledged to me that he/she/they executed the same in huthorized capacity(ies), and that by his/her/their signatures(s) on the instrument the the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PEN, ,LTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true aniq correct. WITNESS my hand and\pfficial seal. Signature Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language •M! INFORMATION Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 (seal) Thumbprint of Signer Q Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Ate of California CoLln,tv of SS. On \ , 20 before me, Notary p blic, personally appeared who pro, me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are , to subscribed t the within instrument and acknowledged to me that he/she/they executed the same in his/her/their Nthorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or`tk,-entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTOF PERJURY under the laws of the State of California that the foregoing paragraph is true and co @ct. WITNESS m hand and officialseal. Y �Q C Signature '� .� (seal) ACKNOWLEDGMENT A notary public or other officer completing this ' certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } SS. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) who, subscribed to the within instrument and acknowledged to me that he/she/they�� in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) of the person(s), or the entity upon behalf of which the person(s) acted, executed t e name(s) is/are Dcuted the same ,the instrument id 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 E-1 (seal) e- ` TOKIO MARI N E H C C POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Blake A. Pfister of Mission Viejo, California its true and lawful 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 January 31s1, 2024. 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: 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 23rd day of September, 2021. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY �s..,....... State State of California 6Ev tSMiwDD ;i w:• 2=_W: �� 3 _N •.. ✓ V u_ � S County of Los Angeles ;'o "s •., :y;= ° - 2 ' ///gVVV F 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 23rd day of September, 2021, before me, D. Littlefield, 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. D. LITTLEFIELD WITNESS my hand and offs 1 seal. _ Nocarry Public - California Las Angeles Caunry_ Commissions M 2320307 Signature (seal) My Comm. Expires Jan 31, 2024 I, Kio Lo, Assistant Secretary J 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 AncieleG, California this 5th day of April 2023 . Corporate Seals ,`oatPa oRs°tia,, ,�o lui�ic oo oP1 "S su..... r�;�p,: 11-327-496 Bond No. �\p„i FFPT. 14. 1440 i-_;Y': .'<.. _LLI. .1 :�==N'• \� i G� °%b •" '.�`` ',�1., .' y.`- °y4' .. Klo L Assi Secrete Agency No. 3074 °iiicoaN ,•• ,4ieoF+o" *...:•' o, Secretary HCCSMANPOA09/2021 visit tmhcc.com/surety for more information California All -Purpose Certificate of 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 Callifornia County of P S.S. On before me, 60• xt-_" %(1-'A''�- personally appeared C'A2"t.-d S 1 who proved to me on the basis of satisfactory evidence to be the person(,H) whose name(sl` 67/*e-subscribed to the within instrument and acknowledged to me that, %sh'e%they executed the same in ti'[/h�e�r/their authorized capacity(ies'), and that by Wstt er/their signature(s-)'on the instrument the person(sY, or the entity upon behalf of which the person(s)`bcted, 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. Qpmy Notary Public - CaliforniaOrange County Commission R 2350274 Comm, Expires Mar 5, 2025 OPTIONAL INFORMATION ..)We.'f; rif'JY.F [. �' rT7kr,'73, i:;I:< r3gG; rst¢i.'rf:.iz(,.i`:.:1.; f rnf6n; Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: I Individual(,) [ I Attorney -in -fact Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) Other: representing: Method of Signer Identification ...... __ ..... Proved to me on the basis of satisfactory evidence: � , form(s) of identification credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other Additional Signer ii Signer(s) Thumbprints(s) City of Newport Beach FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO. 23P01 CONTRACT NO. 8953-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. R.E. Schultz Construction, Inc. Bidder 9 i Richard Schultz President, Sole Officer Authorized ig atureffitle City of Newport Beach FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO. 23P01 CONTRACT NO. 8953-1 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) for playground related projects only in the past 2 years in excess of $250,000, provide the following information: No. 1 Project Name/Number 2020-2021 Playground Improvements C-7934-1 Project Description Bonita Park Playground Improvements Approximate Construction Dates: From 2/2022 To: 3/2022 Agency Name City of Newport Beach Contact Person Kathryne Cho Telephone (945 644-3014 Original Contract Amount $2L9,915.00Final Contract Amount $ 284,265,00 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 10 No. 2 Project Name/Number Shipwreck Park Project Description Park Renovation Approximate Construction Dates: From 8/2021 To: 2/2022 Agency Name City of Dana Point Contact Person Scott Fisher Telephone (760 814-7226 Original Contract Amount $3. 3,056.42Final Contract Amount $ 363,056.42 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. No. 3 Project Name/Number Ildica Park Project Description Park Renovation Proiect Approximate Construction Dates: From 1/2021 To: 2/2023 Agency Name County of San Diego Contact Person Stephanie Kopplin Telephone @58) 401-0417 Original Contract Amount $802,374.0{inal Contract Amount $ 875,492.73 If final amount is different from original, please explain (change orders, extra work, etc.) Change Order/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. 11 No. 4 Project Name/Number Villa Monserate Neighborhood Park Project Description Park Improvements and Upgrades Approximate Construction Dates: From Agency Name __ City of San dieio Contact Person Fadi Zako 6/2020 To: 5/2021 Telephone (858) 654-4455 Original Contract Amount $883,429.17Final Contract Amount $ 883,429.17 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. 5 Project Name/Number 2021- 2022 Playground Improvements Contract No. 8716-1 Project Description Playground Improvement Project Approximate Construction Dates: From 3/2023 To: 5/2023 Agency Name City of Newport Beach Contact Person _ Kathryne Cho Telephone (94q 644-3014 Original Contract Amount $330,790.0final Contract Amount $ 330,790,00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 12 No. 6 Project Name/Number Playground Demolition and Installation for Ashley Falls School and Carmel Del Mar School Project Description Demo playground and install new playground at (2) schools. Approximate Construction Dates: From 6/2022 To: 9/2022 Agency Name Del Mar Union School District Contact Person Tiana Barton Telephone (858) 523-6191 x 3691 Original Contract Amount $285,000.00Final Contract Amount $ 285,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No, Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Richard Schultz R.E. Schultz Construction, Inc. President, Sole Officer i Bidder Authorized ,rgn#re/Title 13 City of Newport Beach FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO. 23P01 CONTRACT NO. 8953-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) Richard Schultz being first duly sworn, deposes and says that he or she is President, Sole Officer 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 Californi hat theJoregoing is true and correct. - Richard Schultz R.E. Schultz Construction, Inc. President, Sole Officer Bidder Authorized Sign tur /Title Subscribed and sworn to (or affirmed) before me on this 5th day of April , 2023 by , proved to me on the basis of satisfactory eviden to be the person(s) who appeared before me. I certify under PENALTY O 'PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Notary Public [SEAL] <7� 0 14 mission Expires: 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 Subscribed and sworn to (or affirmed) before me on this 20 -' by 5— day of proved to me on the basis of satisfactory evidence to be the person 'who appeared before me. /�' AV4, �// Signature (Seal) OPTIONAL INFORMATION *MY Notary Public - California Orange CountyCOmmtSslon R 2350274 Comm. Expires Mar 5, 2025 - INSTRUCTIONS The wording of all Jurats completed in California after January 1, 2015 must be in the form as set forth within this Jurat. There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one with does contain the proper wording. In addition, the notary must require an oath or affirmation from the DESCRIPTION OF THE ATTACHED DOCUMENT document signer regarding the truthfulness of the contents of the document. The �1Lrn p document must be signed AFTER the oath or affirmation. If the document was previously �f signed, it must be re -signed in front of the notary public during the jurat process. (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date Additional information ,015 Vorsoc,n wa:'v: Notaryt:.las e: .qpn: B:iE;-Si,t_ci_;`; • State and county information must be the state and county where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of the document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on rile with the office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different jurat form. Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. ee Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document with a staple. City of Newport Beach FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO. 23P01 CONTRACT NO. 8953-1 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): The Bond Connection - P.O. Box 4164, Dana Point, CA 92629 - Blake Pfister: 800-298-4926 U.S. Specialty Insurance Co.: 801 S. Figueroa Ste. 700, Los Angeles, CA 90017 310-649-0990 15 City of Newport Beach FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO. 23P01 CONTRACT NO. 8953-1 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 Current Record Record Record Record Record Year of for for for for for Record 2022 2021 2020 2019 2018 Total 2023 No. of contracts 33 80 83 105 96 150 514 Total dollar Amount of $2 Mil $6 Mil $7 Mil $6 Mil $4 Mil $3 Mil $28 Mil Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 1 0 1 No. of lost workday cases involving permanent transfer to 0 0 0 0 0 0 0 another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder R.E. Schultz Construction, Inc Business Address: 1767 North Batavia Street, Orange, CA 92865 Business Tel. No.: 714-649-2627 State Contractor's License No. and Classification: 1007195 Exp. 9/30/23 Title President, Sole Officer 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 President, Sole Richard Schultz Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 California All -Purpose Certificate of 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 Jf G S.S. on lJ `l - r;� S - h.a 3 before me, personally appeared CT - who proved to me on the basis of satisfactory evidence to be the person(��whose name(s-Y &w--e subscribed to the within instrument and acknowledged to me that7f&sht/#hey executed fhe same in MIM-eVth-eir authorized capacity(i&T , and that by h s er their signature(-4,-on the instrument the personal-, 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. ipmy o. MlNelota Notary Public - CaliforniaOrange County CorTission 12350274 Ca-,T.'Expires Mar 5, 2025 OPTIONAL INFORMATION Description of Attached Document The preceding Certificate of Ackno �edgment is ajtached to a document titled/for-he purpose of ?2 — ��-- containing pages, and dated The signer(s) capacity or authority is/are as Individuals) LD Attorney -in -fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Method of Signer Identification Proved to me on the basis of satisfactory evidence: fonn(s) of identification ❑ credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ( Additional Signer ❑ signer(s) Thumbprints(s) I_! City of Newport Beach FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO.23P01 CONTRACT NO.8963-1 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 NA 18 City of Newport Beach FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO. 23P01 CONTRACT NO. 8963-1 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 North Batavla Street, Orange, CA 92865 Telephone and Fax Number: 714-649-2627 / 714-740-5049 California State Contractor's License No. and Class: 1007195 - A, B, C-61/D34 (REQUIRED AT TIME OF AWARD) Original Date Issued: 9/10/15 Expiration Date: 9/30/23 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Richard Schultz, President (Sole Officer) 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) 350-4269 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; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No. Have you ever failed to complete a project? If so, explain. No.-- - For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / UO 20 Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. R.E. Schultz Construction, Inc Bidder Richard Schultz (Print name of Owner or President of Corporati Company) President, Sole Officer) Authorized Signature 'tle President (Sole Officer) Title Date On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE"S'&mv hand and official seal. Notary Public in and for said My Commission Expires: 21 (SEAL) California All -Purpose Certificate of 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 /<e- S.S. On t�`/ " � 3 before me, �- personally appearedr ----------------------------- who proved to me on the basis of satisfactory evidence to be the persons -'whose names-Y (W-are subscribed to the within instrument and acknowledged to me that 66-hefthey executed the same in tftftreat e r authorized capacity(ifi�9), and that by hf lTeT/tlTeir signature(&) -on the instrument the person(s)-,o' r the entity upon behalf of which the person(s-yacted, 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. OPTIONAL INFORMATION Description of Attached Document The preceding Certificate of Acknowledgment is attach d to a document titled/for the purpose ofV_L='�-r �^ containing pages, and dated The signer(s) capacity or authority is/are as: 25 Individual(s) r] Attorney -in -fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General 0 Trustee(s) D Other: representing: *my D. MINDIOLA Notary Public - CaliforniaOrange County Commission R 2350274 Comm.; Expires Mar 5, 2025 Method of Signer Identification Proved to me on the basis of satisfactory evidence: form(s) of identification CI credible witness(es) Notarial event Is detailed in notary journal on: Page # Entry # Notary contact: Other ( Additional Signer ❑ Signer(s) Thumbprints(s) 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 30 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 $3,000,000. • 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, B, & C61/D34 License #: 1007195 Expiration Date: 9/30/2023 DIR#: 1000033385 Expiration Date:06/30/2024 Tax I D #: 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 • Playcraft � �-77Qu I Certificate of Amendment Of Articles of Incorporation The undersigned certify that: A037952 i FILED Secretary of State Mate Of California JAN p 7 201E Qi \CC" They are the President and the Secretary, respectively, of RES ENTERPRISES, INC., a California corporation. 2. Article 1. of the Articles of Incorporation of this corporation is amended to read as follows: The name ofthe .c0 oration 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: QUO 5 2()j b �� Schultk- Richardt Richard Schultz Secret Senders Contact Information: Richard Schultz 2914 E. Katella Ave #102 Orange CA 92867 714-649-2627 Entity 4C3779421 ► f hereby certi tretnseript o It the fnoinc� (p, is a tali, True end oarrect �iqlpal record in the PY of Itle iA#DF OFIRrOmiaSoQut1. 04tofypfthe ly of State's offlco. JA N 19 2016 OQ;L A'E)(P nil-LAj Secretary of Stale :ontractor Information Legal Entity Name R.E. SCHULTZ CONSTRUCTION, INC Legal Entity Type Corporation Status Active Registration Number 1000033385 Registration effective date 711/2022 Registration expiration date 6/30/2024 Mailing Address 1767 N, BATAVIA ST. ORANGE 92865 CA United States of America Physical Address 1767 N. BATAVIA ST. ORANGE 92865 CA United States of America Email Address Trade Name/DRA R,E. SCHULTZ CONSTRUCTION, INC License Number(s) CSLB:1007195 CSLB:755160 .egal Entity Information Corporation Number: Federal Employment Identification Number: President Name: Richard Schultz Vice President Name: TYeasurer Name: Secretary Name: CEO Name: Agent of Service Name: Richard Schultz Agent of Service Mailing Address: 1767 N Batavia St Orange 92865 CA United States of America Workers Compensation Do you lease employees through No Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email Registration History Effective Date Expiration Date 5/25/2018 6/30/2019 5/17/2017 6/30/2018 5/3/2016 6/30/2017 12/29/2015 6/30/2016 7/1/2019 6/30/2021 711/2021 6/3012C22 711/2022 6/30/2024 i Insured by Carrier Policy Holder Name:R E SCHULTZ CONSTRUCTION, INC.lnsurance CarrienInswace Company Of The WestPolicy Number. WSD5065120-OOInception date:4 / 14/ 2022Expi ration Date:4/1412023 CONTRACTORS STATE LICENSE BOARD J OContractor's License Detail for License # 1007195 DISCLAIMER: A license status check provides Information taken from the CSLD license database. Before relying on this Information, you should be aware of the following limitations. • .. - -@n. ar u„iat.r ll:•1rr,l in - bP•.Yr,n,ytrFrl Yrvarm:h�•v:,rr. met ryr aprna•b'uarr l„`n+<h enr.•1 Yn O.•h+rr ter aerfrrr.oe „I Jn��,a-.-. ,:r"n• I :.n Jr,:: nnr�;.xx.,re;l rhtYd r, eM1 naY rn r:Sl V.•c M,n.•.ev all-1:1 llr • .•an,>tmn.w nvr:u+Jad.n:!h.raer.,,n: .anrv.Mmd•,•n,enm. • _nr.n •_.,iutl. rrkre =v�•eMa.Y rnrarm.unr n.a. n.r• , r..nur:.rcl :.em rr<M1vrl•rsr,r.eu.ru•. Data Cut eoL as of 4/412023 2:30:30 phi N L SE -LTC COD51pUE 1ION VIC 116111 BA7AYN ST ORANGE, CA W KS Bulinen Phone 'lanlaerly I+I ri 14Q1 Emily Colpnrnnnn 1.1-c'.le o'IW2e15 Erplr. at. 0a110izw1 This hcemn is current nad.,five. All informado , below ahoufd he reviewed. • A-:.,-it-.A; F'.-:I'Fr4— • 0-i�C:;_FA,pt;ICI11tiC- ca.""u":nand rns u.an.1. aied a cYalrYam s sand-..hr•. a:e6ican mnTa.crnra ivoal;r; cnuneN•. Dond N mbar. 10n11n161 Onnd Amuuntt 525,160 Ellaalve O.-M10112025 "'anal- I Dvol !li—, Hand of Quallrying individual • 7hr, li2ansa filed Bond of Qaaiirying Ind. —al numbe• 100Ta lrla tar C NBIS .=r 740MAS .nine ,no—oi 325,000 4 hAtaE1aCAN LONTVACIOpSiIitIGVmly CO:V.VIY Effective Date: o n"110 21 DQI 111nnd-i—.; • IN qualifyingNadidcual4lCII-10 rAHt 5C+11Z_'erlLOW that he. She o,•ms iau0.", ar nwrc of 11e.aling lVn,ambenhldinterestYfIhnwmcanl:lhemture,the aond of Qual frog Inchkku!is notreoibea Effective Data: o6(2.1Rot6 DQI1 Do. H H—fy f ni5li—nOr., rorFelr.omlrensnlian lrhln arse-'aw.lNSJBANC E COPPA; In Of IHE wtSI :.If" Ner^ umbMI)50E512000 "Z IData; .1, 1-"lull Enplra bare: o.;1112025 wraFell•[urn.erhnllnrl • Pcvw�rnNhs:ed un ltm;l,emclunem or dr.l:anrialenlala f�stednr drhr hcensca. Copyright i0 2023 5OLL: of California V V .Now Q> L L Q o � a cu cu � 'a Q. V m -0 m r \ V L (v ® — - C 4- a) CO + V CD C z r 1 Cr � V I� - c a m L Ln d- N u w W O Ln 2rq O -4 y O 0 O rti � �u �w a i CERTIFICATE OFACHIEVEMENT Awarded to: Rick Schultz Has completed the RECREATION INSTALLATION SPECIALIST CERTIFICATION COURSE This certificate of achievement is valid for the above individual who has successfully passed the required training as set by the National Playground Contractors Association, Inc. RISC Recreation Installation Specialist C E R T I F I C A T 10 N NATIONAL PLAYGROUND CONTRACTORS ASSOCIATION INC. 2022-1272 12/31/2024 Certificate Number Expiration Date Edward Miller, Jr.. NPCAI Chairman 12/31 /2021 Issue Date I 4 0 Im • o O I FY 2022-2023 PLAYGROUND IMPROVEMENTS CONTRACT NO. 8953-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 27th day of June, 2023. ("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 St., Orange, CA 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 regarding playground improvements at Peninsula Park: The work necessary for the completion of this contract consists of removing and disposing of existing improvements; furnishing and installing flexible play surface systems; furnishing and installing new play equipment and components, relocating existing play equipment and other incidental items to complete the work in place required by the Contract Documents. (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 8953-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two Hundred Ninety Three Thousand Three Hundred Fifteen Dollars ($293,315.00). 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 VI (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. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] R.E. Schultz Construction, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 7/(0&-? By: oat3 ron C. Harp 23 City Attorney ATTEST: Date: aca) By: L— Leilani I. Brow City Clerk c.►Foa� CITY OF NEWPORT BEACH, a California municipal corporation CONTRACTOR: R.E. SCHULTZ CONSTRUCTION, INC. , a California corporation Date: Signed in Counterpart By: Richard Schultz Chief Executive Officer/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 ATTORNEY'S OFFICE Date: 7A, /L3 By: J0 01 r ron C. Harp ti3 City Attorney A ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Noah Blom Mayor CONTRACTOR: R.E. SCHULTZ CONSTRUCTION, INC. , a California corporation Date: 7/7/23 By: — Richard Schu Chief Executive��r/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 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 1001188898 PREMIUM INCLUDED WITH PERFORMANCE BOND 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 regarding playground improvements at Peninsula Park 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; furnishing and installing new play equipment and components, relocating existing play equipment 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 Two Hundred Ninety Three Thousand Three Hundred Fifteen Dollars ($293,315.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about- the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. 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 R.E. Schultz Construction, Inc. Page A-1 BOND NO. 1001188898 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 11th day of July/20 23 . R.E. Schultz Construciton, Inc. Name of Contractor (Principal) U.S. Specialty Insurance Company Name of Surety 801 S. Figueroa Street #700 Los Angeles, CA 90017 Address of Surety 800-486-6695 Telephone APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date:_ ZS By: '� 64 ttPmtorney n C. Harp Authorized Signatur f7itle P � L' 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 A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE '§ 1189 A notary public or car officer completing this cettftate verifies only the identity of the individual who signet the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of _ O r a n g e ) on July 11 , 2023 beforeme, Lianne Nahina, Notary Public Date Mere Insert Name and Title of the Officer spy aped Blake A. Pfister Nis) Of Signers) who proved to me on the basis of satisfactory evidence to be the person(#) whose name(s) is/A* subscribed to the within instrument and acknowledged to me that he/star executed the same in hWWfAh r authorized capacity($, and that by his/1E0W signature(6) on the instrument the person&), or ft w*ty _upon behatf of which the person(* acted, executed the instrument. I Certify under PENALTY OF PERJURY under the laws of the Mate of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Si lire gam Signature of Notary Public LIANNE NAHINA wy COMM, # 2314283 X '® o NOTARY PUBUCGCALIFORNIA y ORANGE COUNTY N MY COMM. EXP, DEC 5, 2023 Place Notary Seal Above 9PT/OA►AL 777ough this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. won of AMwhed Document Title ,or Type of iurnerrt: Bond 10 01 1 8 8 8 9 8 Document Dom; July 1 1 r 2023 Number of Pages: Signer(s) Other Than Named Above: N / A , N o n e CEO") CWnvwed bySignals) Signer's Name: Blake A. Pfister • Corporate Officer — Title(s): • Partner @ Q Limited M General • Individual M Attorney in Pact • Trustee El Guardian or Conservator Cl Other: _ Signer Is Representing: U.S. She c i a l t y Insurance Company Signer's Name: _ ------- • Corporate Officer -- Title(s): • Partner _ D Limited 0 General 0 Individual 11 Attorney in Pact O Trustee © Guardian or Conservator C1 Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #59A7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California /% ~ County of�� On �-) .7 - - v im 20 before e, G Notary Public, personally appeared 'zi"QnS(_='r who proved to me on the basis of satisfactory evidence to be the pers,ffnf whose name( )pis/ire subscribed to the within instrument and acknowledged to me that(he/shr/they executed `the same in his/her -/their authorized capacity�Os); and that by �s/h-e'r/their signature§(s) on the instrument the persons , 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 D. MINDIOLA 1. '....,�F { Notary Public California Orange County J' Commission n 2350274 My Comm. Expires Mar 5, 2025 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) R.E. Schultz Construction, Inc. Page A-3 TOKIOMARINE H C C POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Blake A. Pfister of Mission Viejo, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ***"Five Million' Dollars ( `..$5,000,000.00"" ). This Power of Attorney shall expire without further action on April 23rd, 2026. 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: 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 18th day of April 2022. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STATES SURETY„COMPANY U.S.,S,PECIALTY,,IN,S,URANCE COMPANY O�lp CiOgsy `n l>IN<.c �E9 SUgFT Yt , � _ O' tiP State of California _ h `-� o < �+ t, roar o /'uMl =k' sc Tss. ss wi w County of Los Angeles �;, ;s... y By y, r; Y o..... N`po`°',1,rFuF1�„` ,;:;;; ,':,; 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 181h day of April 2022, 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. SONIA 0. CARREfO WITNESS my hand and official seal. Notary Public - California • Los Angeles County i€ ■J Cnmmhs ion It I'll, 0 Signature (seal) 7 My Comm. FxpireS Apr t3. 2076 ` 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 11 th day of JU1Y 2023 Corporate Seals o�AFCTORsi..,"1OINL,,,,O SsuR,,,`' ,t,omY in"" Bond No. 10011 88898 q= oP/�3N� a yG F + ''_ Agency No. 3074 'U'` y' s. Kio L sal Secret ry � b _ r "o qL �F00.N`P.a" "'ogTF OF iF•Y' ` ...*.. ....:: ' i tnttta°i n txotao". HCCSMANP0A022O23 visit tmhcc.com/surety for more information STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 07984 SAN FRANCISCO Amended Certificate of Authority THIS IS To CERTIFY THAT Pursuant to the Insurance Code of the State of California, U.S. Specialty Insuratice Company Of Houston, :Texas organized under rho laws of Texas , subject to its Articles of Incorporation or otherfundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the fallowing classes of insurance: Fire, Marine; Surety, Disability, Liability, Workers' Compensation,�Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Asurance Lmvs of the State of California, THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and nor in violation of arty, of the applicable laws and lawful requirements made tinder authority of the laws of the Stare of California as long as such laws or requirements are in effect and applicable, and as such laws and requfremenr3-itow are, or may hereafter be changed or amended. IN WMIESS WHEREOF, effective as of the 29 th day of December 2004 , I have hereunto set my hand and caused my official seal to be affixed this 29 th day of December 2004.. Gakamendi ' for Ida Zodrow Depu 1`IOTICE: Depot Qualification with the Sccmtary of State must be accomplished as required by th�ofl�nm=i�imameCode s ode pro fly after issuance of this Certificate of Authority. Fatluro to: do so will be -a violation Section 701 and 16e, grounds for revolting this Ccrtlticate of Authority pursuant to -the convenamu made in the application therefor and the conditions contained herein. EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001188898 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,400.00 , being at the rate of $ 18.41 per 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 regarding playground improvements at Peninsula Park 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; furnishing and installing new play equipment and components, relocating existing play equipment 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 801 S. Figueroa Street #700, Los Angeles, CA 90017 , 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 Two Hundred Ninety Three Thousand Three Hundred Fifteen Dollars ($293,315.00) 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. 1001188898 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 11th day of July ,202�,,_. R.E. Schultz Construciton, Inc. Name of Contractor (Principal) U.S. Specialty Insurance Company Name of Surety 801 S. Figueroa Street #700 Los Angeles, CA 90017 Address of Surety 800-486-6695 Telephone APPROVED AS TO FORM: CITY ATT07NEY'S OFFICE Date: ' VZ3 . 0 in C. Harp %J3)a3 Attorney Vr Authorized Il w[L'� 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 ';.:. -: ,..•.. :.. a.. ... -. .:, ..;:, _ .. .. ,.:'i' ,. :,:: ... �.. _. ,.., l: •i._: is ..r',i :../.:..•/:; A notary public or q$w offkw commple" this certificate verifies only the identity of the indmdual who signed the doc urrurtt to ~ thts ceitificaW is attached, and not the tr AWulness, accuracy, or vabdrty of that document. State of Califomia County of Q r a n a e j On July 11, 2023 beforeme, Lianne Nahina, Notary Public Date Mere Insert Name and Title of the Officer pally appeared Blake A. Pfister Name(s) of Signers) 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/**OWAW executed the same in his/I autt a wined capacity@W, and that by hiss signature(&) on the instrument the person*, or the entity _upon behalf of which the personM acted, executed the instrummL `cF'"Eo LIANNE NAHINA N '' . COMM. tt 2314283 X W r a NOTARY PU®LIGCALIFORNA X IY ORANGE COUNTY MY COMM. EXR DEC 5, 2023 N Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS nay hand and official seal, Sig ure / Signature of Notary Public OPY70NAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Descir"m of Attar Document Title or Type of Document: Bond 1001188898 Document pate: July 11, 2023 Number of Pages: - Signer(s) Other Than Named Above: N / A , N o n e O ►O") ClWmed by s) Signer'sNam: Blake A. Pfister 0 Corporate Officer — Title(s): 0 Partner @ 0 Limited 0 general 11 Individual M Attorney in Pact 0 Trustee 0 guardian or Conservator LO Other: _ Signer Is Representing: 11 S s pe r, ; a i t y Insurance Company Signer's Name: - - - - - - -- 0 Corporate Officer -- Title(s): 0 Partner — 0 Limited 0 general 0 individual 0 Attorney in Pact • Trustee 0 guardian or Conservator 0 Other: --. Signer Is Representing: 02014 National Notary Association , www,NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 ( L ss. �2 on U6 l 20 , beforl, me Notary Public, personally appeared=`1 who proved to me on the basis of satisfactory evidence to be the pers nags whose nameA iorare subscribed to the within instrument and acknowledged to me that h6/she/they executed the same in &/tit'/their authorized capacity(ie-sl and that by Mk/I%r/fheir signatures,(,$)`on the instrument the person( r the entity upon behalf of which the person(s), cted, 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. r, f D. MINDIOLA Notary Public - California Z Orange County > commission,, 2350274 My Comm. Expires Mar 5, 2025 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ? ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) R.E. Schultz Construction, Inc. Page B-3 TOKIOMARINE 1*487 H C C POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Blake A. Pfister of Mission Viejo, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Five Million***** Dollars ( ***$5,000,000.00*** ). This Power of Attorney shall expire without further action on April 23`d, 2026. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 181h day of April 2022. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STATES SURETY,:COMPANY U,&,gFSPECIALTYdN$URANCE COMPANY 1µFROgs .11 iryp _ �S SU1 State of California a y FFF�yy4 COtbOxateh X O ��ryy `1j� 3 ,n = M 117 ♦ ^ { _" 4 SEPT 19W .tf ",Y` �., iY„L d�� County of Los Angeles - =�N•. y.. =:y TT 2_' By: :pgUF00.H*c` '"9rF��sE,.,- -*• 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 18th day of April 2022, 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. SONIA 0. CARREIO WITNESS my hand and official seal. 6.02"F�, Notary Public"CalifornUx AnodesC.�ay € Un ftsw M 239R710 y Comm. Expires Ayr 23, Signature (seal) 2026 ` 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 11 th day of July 2023 Corporate Seals Bond No. Agency No. 3074 tapC7oRS 1001188898 ,.o�........... �:.. APE - :�� sir e • � _ _ '4A sue'..., y? �o • 'r=. Kio L0, Assi Secretary ,n*,. HCCSMANP0A02/2023 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 contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed R.E. Schultz Construction, Inc. Page C-2 documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher R.E. Schultz Construction, Inc. Page C-3 limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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. R.E. Schultz Construction, Inc. Page C-4 K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. R.E. Schultz Construction, Inc. Page C-5 Section Title Section 1 Grand Total Line Total $293,315.00 $293,315.00 city of B-1, F` 2022-2023 Piavgrr,ml imprrwememe !Y.fl`s-1:, hi l linrl r.n G4105202; PJ 00 AM (PDT; Page 2 of d Frinled 0410.512023 Subcontractors Showing 7 Subcontractor Name & Address Desc License Num CADIR Robertson Recreational Surfaces / T PIP Surfacing 667261 1000002700 2414 West 12th Street, Suite 5 Tempe, Arizona 85281 Amount Type $42,250.00 Pl.—Ods, Inc. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO. 23P01 CONTRACT NO. 8953-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-10 AUTHORITY OF THE BOARD AND THE ENGINEER 2-10.1 Substitution Requests SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services 7 7 7 APPENDIX 8 PARK RENDERINGS - PENINSULA PARK APPENDIX C PACIFIC PLAY SYSTEMS, INC. - PLAYGROUND SPECIFICATIONS 22 22 23 23 products/rubber surfacing) license is required for installer of playground equipment and rubber surfacing, respectively. At the start of work and until completion, the Contractor and all Subcontractors shall possess a valid Business License issue by the City. "D-34" licensed playground equipment installer (Prime or Subcontractor) shall possess the following current certifications by relevant members of the project team assigned to City project, at time of bid: a) CPSI certification (Certified Playground Safety Inspector) b) Factory certified installer (Playcraft Systems) c) LSI certified installer (Landscape Structures Incorporated) If there is a conflict or discrepancy, City CPSI representative's determination shall control. If "D-34" license holder is a Subcontractor, Contractor MUST provide an additional Technical Ability and Experience References form (Using the attached form) listing out the Subcontractor's experience with public agency playground related projects in the past 2 years and in excess of $150,000. Additionally, Contractor MUST provide copies of certification (or D-34 Subcontractor's certification) as described in this section. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of removing and disposing of existing improvements; furnishing and installing flexible play surface systems; furnishing and installing new play equipment and components, relocating existing play equipment and other incidental items to complete the work in place required by the Contract Documents. 2-10 AUTHORITY OF THE BOARD AND THE ENGINEER 2-10.1 Substitution Requests Substitution requests must be submitted by a Prime Bidder, a minimum of 10 days prior to bid date. Any approved equals shall be issued by addendum only, prior to bid date. Page 2 of 23 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Page 4 of 23 Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $207 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1 It (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) — SUMMER SEASON BEGINS 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) — SUMMER SEASON ENDS 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 29th (City Office Closure) 12. December 31 It (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified under the approved schedule as part of the Notice to Procure in Section 6-7.1, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work after the issuance of the Notice to Proceed, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Page 6 of 23 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. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 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 vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. City 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 14.36.030 of the City's Municipal Code. 7-8.6.4 Dewatering Delete this section and replace with the following: Contractor shall be responsible for all dewatering that may be required during installation of equipment footings. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. Page 8 of 23 Item No. 3 Remove and Dispose of Existing Concrete Subbase Layer, Cushion Layer and Colored Wear Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of the necessary existing concrete subbase layer, cushion layer and wear course surface per the Contract Documents; and all other work items as required to complete the work in place. Item No. 4 Relocate Existing Playground Equipment: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs (e.g. new concrete foundation, touch-up paint, etc.) for removing and relocating existing play equipment to accommodate the new playground equipment layout. Item No. 5 Furnish and Install New Playground Equipment: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing, loading, transporting, unloading, and installing new playground equipment, and any dewatering necessary per Contract Documents, manufacturer's specifications and warranty requirements; providing manufacturer's warranty; and all other work necessary to complete the work in place. Play equipment shall not be stored on -site. A receipt and manufacturer's warranty certificate stating the City as the owner of the new playground equipment entitled to warranty coverage shall be provided under this payment item. Item No. 6 Construct 4-Inch Thick P.C.C. Base Layer with Turndown: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for installing 4-inch thick P.C.C. base, with thickened edge and doweling to the existing P.C.C. base, including turndown at all exposed edges per Contract Documents; and all other work items as required to complete the work in place. Concrete base shall be inspected by Public Works inspector prior to start of installation. Item No. 7 Construct 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, all labor, tools, equipment and material costs for installing 3.5-inch thick cushion layer, including turndown at all exposed edges; installing 0.5-inch thick colorized wear course or high density colorized wear course including turndown at all exposed edges per Contract Documents; and all other work items as required to complete the work in place. Item No. 8 Provide As -Built Drawings (Fixed: 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. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Page 10 of 23 203-16.2 Installation The playground surfaces shall be installed per TotTurf specifications, or Engineer approved equivalent, to fully comply with ASTM and CPSC guidelines and standards for playground safety. Manufacturer's installation guidelines have been included as Appendix A for reference. 203-16.3 Warranty Poured in place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and material for a limited (5) year period. Warranty will be specific to maintenance requirements and performance standards of completed product. High Density TPV poured in place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and materials for a limited seven (7) year period. Warranty will be specific to maintenance requirements and performance standards of completed product. SECTION 219 — PLAYGROUND EQUIPMENT 219-1 PLAYGROUND EQUIPMENT 219-1.1 General Playground equipment and components shall be manufactured and installed per Playcraft Systems and ID Sculpture specifications, or Engineer Approved equal. Playground equipment replacements shall be as designed by Pacific Play Systems, Inc., included in this package as Appendix B. Playgrounds specifications shall be per Appendix C. 219-1.2 Submittals Contractor shall provide the following submittals prior to ordering playground equipment: Playground equipment package for final parts and color selection Equipment Operations and Maintenance Manuals Standard warranty documentation Contractor shall obtain playground equipment submittals from: Pacific Play Systems, Inc. 3288 Grey Hawk Ct. Carlsbad, CA 92010 Phone: 760-599-7355 Attention: Salina Tuladhar Page 12 of 23 the concrete shell at stress points. The company shall be notified of such failure or defect and shall repair or replace the damaged portion of the Structure within 30 working days of notification at the company's sole expense. Limitation of Remedies The Company acknowledges that the remedies under this Limited Warranty shall be the repair or replacement of the Products or any components thereof which are determined by the Company to be defective in material or workmanship or, at the sole option of the Company, the refund of the purchase price of the Products in question. The Company shall not be liable for injury to property other than the Products themselves. Products Covered by This Warranty This Limited Warranty shall extend to the Products and components thereof manufactured, supplied, or repaired by the Company, but shall not extend to products, parts or equipment supplied by other manufacturers and installed by the Company. Contractor shall submit final warranty paperwork prior to release of retention payment. END Page 14 of 23 • Upon request, a listing of comparable installations where products like 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. Page 16 of 23 (h) High Density TPV shall be angular granules with a (Shore A) hardness of 65°A ±5 and particle size between .5-1.5mm. Binder shall be not less than 20 percent of total weight of rubber used in the wear surface and shall provide 100 percent coating of the particles. (i) Thickness of wear course shall be a minimum 0.5-inch. 0) The wear course shall be porous. 2.04 BINDER (a) No Toluene Oiphenel Isocyanate (TOI) shall be used. (b) No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals. (c) Weight of polyurethane shall be no less than 8.5 lbs./gal. and no more than 9.5 lbs./gal. (d) Manufacturer is permitted to modify the type of urethane required to match extreme weather conditions. Substitutions must be equal to or exceed VORAMER quality and be manufactured by Dow Chemical. PART 3 — MATERIALS (a) Wear Course - EPDM Granules: Manufacturer: 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 (e) Binder - VORAMER MR 1099- extreme heat and humidity conditions Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858-0519 Page 18 of 23 (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. (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 Page 20 of 23 APPENDIX B PARK RENDERINGS — PENINSULA PARK Page 22 of 23 ����1�� ,;. __ • �: ,�� � � A i �; r � ) \ ]� �\. . . . : ,^�2t�::. . 2 APPENDIX C PACIFIC PLAY SYSTEMS, INC. — PLAYGROUND SPECIFICATIONS Page 23 of 23 L a)O N 0) (a N 00 d M N 0 cz O O U d) La N O O C O p 0 —_ � 0 p L 0 _ (B �+ (6 O cn -C On:� W Y ) N L (Q N Q .� U O N .c � _ Q +J - 00 � U U •� N O U(1) CO N O) (D ��i CY) ��� M �n En a) a)N a _ O O cn CN > Y U N m O O (0 U O C O (n (6 ZZ > O - LO Y 0) . 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