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HomeMy WebLinkAboutC-4494 - Playground Resilient Surface Renovation -Phase 2": ,�V1 � � �� l OFFICE OF TIME CITY CLERK Leilani I. Brown, MMC October 26, 2011 Mr. Richard E. Schultz R.E. Schultz Construction P.O. Box 6 Silverado, CA 92676 Subject: Playground Resilient Surface Renovation - Phase 2 (C -4494) Dear Mr. Schultz: On October 26, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 3, 2010. Reference No. 2010000582144. The Surety for the contract is the Western Surety Company and the bond number is 70979040. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us Premium subject' o adjustment Pry um: $1,325 based on final (_, ntract price: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE - PHASE 2 CONTRACT NO. 4494 BOND NO. 70979040 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ 30.00 1.32 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to R.E. Schultz Construction, hereinafter designated as the "Principal ", a contract for construction of PLAYGROUND RESILIENT SURFACE - PHASE 2, Contract No. 4494 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated heroin by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4494 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW. THEREFORE. we, the Principal, and Western Surety Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter 'Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Forty -Four Thousand, One Hundred Sixty and 00 /100 Dollars ($44,160.00) lawful money of the United Stales 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. 28 Bond No 709 ^ 10 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 the City, only in the event the 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 or to the specifications accompanying the same 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 the 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 1 3th day of August 2010. l Richard E Schultz dba R E Schultz Construction Services TIA R.E. Schultz Construction (Principal) Authorized Si ure/Title Richard c�u tz, Prop ietor Western Surety Company Name of Surety 101 S Phillips Ave Sioux Falls, SD 5719.2 Address of Surety (800) 331 -6053 Telephone Authorized Agent Signature Blake A Pfister, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACT ®R AND SURETY MUST BE ATTACHED 29 1 � j l�` tt P.j I ,7� i�1. I _ P � ' , f•( I•' 4) `, } Yl l �'+. "': OI t'e� i t- 11) (x I'.i � `i T ti,.l aS. � � o.L ^• w.�S... oaf' a A..avw'�Oi� �+,'� aC.� a5 pia �a' � State of Californian County of DU'-Tl' ° V /� I A / OIkT�`° 0 /before me, UWAY4 06ol �%bAj Dale e Insert Name and T, personally appeared � �—Vt L. WASHINGTON Commission S 1840150 _® Notary Public - California Orange County M Comm. Ex ires Mar 12, 2013 Place Notary Seal Abova who proved to me on the basis of satisfactory evidence to be the person hose nameW is/Le subscribed to the within instru ent and acknowledged to me that he /s2h executed the same in his /F}�dtllpfr authorized cap i Ity(i and that by his /p�tytlkir signa}ture/�)-on the instrument the person?? , or ther entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY of the State of California true and correct. /, WITNESS OPTIONAL PERJURY under the laws the foregoing paragraph is Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: D 0 Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner — n Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 4 GHTjTHUMBPRINT,' ._J0Ej'sGNERTJI 01 0200711alionel Notary Assotlation• 9350 De Soto Ave., P.0.Box2402 -Chaco mIh.CA 91313- 2402 -w .Nafionalllotaryorg Item45907 Reorder: Call Toll -Free 1-900 -e7 6-6827 CALIFORNIA ALL- PURPOoE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On August 13, 2010 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister –?y LIAN,4E NAHINA 767633 Notary Public - California Orange County n Y., nrtycomm.r:>rel—�04,2011 who proved to me on the basis of satisfactory evidence to be the person(Q whose named is /go subscribed to the within instrument and acknowledged to me that he/agmAkmy executed the same in his/ authorized capacity(M), and that by his / signature#) on the instrument the persongP), 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. /n Signa Place Notary Seal Above Signa re of Notary Public OPTION L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Bond 70979040 Title or Type of Document: Document Date: August 13, 2010 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) None Signer's Name: Blake A. Pfister ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ° ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustd-e ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • ChatsWOdh, CA 91313-2402 • w I.NalionaMOtary.org Item 95907 Reorder: Call Toll-Free 1. 800. 875.6827 POWER OF ATTORNEY - CERTIFIED COPY Band No. 70979040 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint BLAKE A. PEISTER its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, a .kn wledge and deliver for and on its bobs] £ as Surety, boude for: Principal: Richard E. Schultz dba R.E. Schultz Construction Services Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attomey(s)-in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full farce and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile" All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of December 30 2010 , but until such time shall be irrevocable and in full force end effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its corRqAVkfgps.l to be affixed this . 13th day of August 1 2010 WEST R/ SURE COMPANY Paull. Brufia^nior Vice President CA STW ` aQ A A It COUNTY j ss On this 13th day of August , in the year 2010 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and aclmowledged said instrument to be the voluntary act and deed of said corporation.. i D. KRELL •l• i1Q6�t t /�/j ,c'jV�S/j,��, n' �N09AHY C16�� Notary Public - South Dakota i�/RC37R1 LRfflUC o"p$ 1' O�weea�seaeew�4 W �o+M1 0 My Commission Fires Noven -ber 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 13th day of August 2010 WEST R SURE COMPANY Paul T. BruflaVSaWor Vice President Fom MWS-9 -2009 reTUVW031 OWN-0115, OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC December 8, 2010 Mr. Richard E. Schultz R.E. Schultz Construction P.O. Box 6 Silverado, CA 92676 Subject: Playground Resilient Surface Renovation - Phase 2 (C -4494) Dear Mr. Schultz: On October 26, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 3, 2010, Reference No. 2010000582144. The Surety for the contract is the Western Surety Company and the bond number is 70979040. Enclosed is the Labor & Materials Payment Bond. Sincerely, v f Leilani I. Brown, M —MC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us Premium included ; price of performance bond. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE - PHASE 2 CONTRACT NO. 4494• BOND No. 70979040 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to R.E. Schultz Construction, hereinafter designated as the "Principal," a contract for construction of PLAYGROUND RESILIENT SURFACE - PHASE 2, Contract No. 4494 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4494 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, Western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Forty -Four Thousand, One Hundred Sixty and 001100 Dollars ($44,160.00) 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 he 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 32 Bond No ,u979040 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 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 or the specifications accompanying the same 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 13th day of August 2010, Richard E Schultz dba`('C %�- RE SchultzConstruction Services R.E. Schultz Construction (Principal) Authorized Sigr)ott"/Title Western Surety Company Name of Surety 101 S Phillips Ave, Sioux Falls, SD 57192 Address of Surety (800) 331 -6053 Telephone Signature Blake A Pfister, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 CALIFORNUA .ALL - PURPOSE ACKNOWLEDGMENT ^'S('Y:CC Pt`. CG'= tY. C�Y% Eri�E�. Cnk' �rf ^C.UY'- £:CK�.^•c-!`C^,`'xYL?.c . 2�. GY' i�S.% C'- .f�:�/Yr?f1LL��''•6Y?LY.GMG! State of California County of On per L. WASHINGTON Commission 0 1840150 -o Notary Public - California n. Z i - Orange County DDp My Comm. Expires Mar 12, 2013 MS Place Nolary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose narttNss i� subscribed to the within instrument and acknowledged to me that he /slsee /t* executed the same in his /Wrr(thlyr authorized capaclty(ir §)t, and that by his /hq th& signature n the instrument the personToy or the dntlty upon behalf of which the person(�Cac ed, 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 Fl/nde( official seal. Signature—/ /I / r r Signawre of Notary Public OPTIONAL ` Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner — ❑ Limited ❑ General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT,THUMB,RINTr I 01,,JSIGNEA= — Number of Pages: Signer's Name: ❑ Individual • Corporate Officer— Title(s): _ • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIG -11 THUMSP SIGNEL N T 0200714afional Notary Assotlauon• 9350 De Soto Ava..P.0.Bo% 2402- Chatswo0,CA 91313- 2402 -v .NatlonalNotaryolg Item95907 Reort1er.Ce11Td1-Pn:e14*"766827 CALIFORNIA ALL- PURPvSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On August 13, 2010 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s) of Signer(s) LIANNE NAHINA Commission # 1767633 Notary Public • Californio i'+ ®,.. Orange County NS/ Conan. egAes Sep 14, 2011 who proved to me on the basis of satisfactory evidence to be the person(@ whose name( is /AW subscribed to the within instrument and acknowledged to me that he/ 004!z a executed the same in hiss authorized capacity(ft), and that by hiss signature(#) on the instrument the personp), 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. Signa re Place Notary Seal Above Si alure of Notary Public 01 If Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:. Bond 70979040 Document Date: August 13, 2010 Number of Pages: Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Company Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT KQF SIGNER 02007 National Notary Associatlon • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • w .NationalNolary.org Item 45907 Reorder: Call Toll -Free 1- 800.8766827 o _ POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70979040 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company'), does by these presents make, constitute and appoint BLAKE A. PFISTER its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Richard E. Schultz dba R.E. Schultz Construction Services Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attomey(s)-in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. 'Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board oEDirectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." ALL authority hereby conferred shall enquire and terminate, without notice, unless used before midnight of December 30 2010 , but until such time shall be irrevocable and in fidl farce sad effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its corRffiqQ&k0 to be affixed this - 13th day of August 1 2010 ZC A %� WEST R SURE COMPANY r Paul T. Brufla nior Vice President SfQ�' CO GQ. G?f'A as iJN�$HA On this 13th day of August , in the year 2010 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, mire wledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and ackmowledged said instrument to be the voluntary act and deed of said co (•NO��µv♦ / /� D. KRELL % is / /�$ticr /Jr alonwv weauc ROM Notary Public -South Dakota ♦�M�N \NV MN4M�00a0� 6 My Commisslon Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in fiill force and effect and is irrevocable, and furthermore, that Section T of the bylaws of the Company as set Earth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set city hand and seal of Western Surety Company this 13th day of August 2010 WEST li SURE COMPANY Paul T. RreflVS,,im Vice President Fonn F650 6-62006 �6 . � . •io, V1JUJC I�vf,it• RECORDING REQUESTED BY AND 0 f L` WHEN RECORDED RETURN TO: -'' ` t 2L City Clerk ,. 91•11 V,; u(' O DO 0.00 u.ou 1Ju City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 C71 "Exempt from recording fees fT pursuant to Government Code Section 27383" P NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and R.E. Schultz, of Silverado, California, as Contractor, entered into a Contract on July 6, 2010. Said Contract set forth certain improvements, as follows: Playground Resilient Surface Renovation — Phase 2 (C -4494) Work on said Contract was completed, and was found to be acceptable on October 26, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on oofvt")-tr Zf Z01D BY ViL 0 �MWT___ City Clerk at Newport Beach, California. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 October 26, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Junior Engineer 949 - 644 -3316 or pauscher@newportbeachca.gov SUBJECT: PLAYGROUND RESILIENT SURFACE RENOVATION — PHASE 2- COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4494 ISSUE Staff is requesting approval to accept the Playground Resilient Surface Renovation — Phase 2, Contract No. 4494, as complete. RECOMMENDATIONS 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION Summary of Completed Construction Contract Total Contract Final Cost at Benchmark Actual Contract Time Amount Completion Target Time Under ( -) (days) or Over ( +) $44,160.00 $47,718.00 Contract Contract 9 -16 Plus 10% +8% On July 6, 2010, City Council authorized the award of Playground Resilient Surface Renovation — Phase 2 contract to R.E. Schultz Construction Services (R.E. Schultz) of Silverado, California at a contract cost of $44,160.00. The contract provided for the replacement or re- topping of resilient play surfaces at four parks: West Newport Community Center, Bayview Park, Eastbluff Park, and San Miguel Park. Playground Re: .tt Surface Renovation — Phase 2 Completion and Acceptance of Contract No. 4494 October 26, 2010 Page 3 FUNDING AVAILABILITY: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount General Fund 7015- C4002004 $ 22,718.00 Building Excise tax 7271- C4002004 $ 25,000.00 Total Construction Cost $ 47,718.00 Prepared by: PeterTauscher Junior Engineer Attachment: Location Map Submitted by: )hey(. Badum liclNorks Director f MAJIMIZIANIVI OFFXC)E OF THE CHT Y CLERK Leilani I. Brown, MMC October 27, 2010 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: o Playground Resilient Surface Renovation Phase 2 — (C -4494) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, 4 P k Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" 1119111 1 y :9 d ;K K9 ] i `i I » :4 1107 d NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and R.E. Schultz, of Silverado, California, as Contractor, entered into a Contract on July 6, 2010. Said Contract set forth certain improvements, as follows: Playground Resilient Surface Renovation — Phase 2 (C -4494) Work on said Contract was completed, and was found to be acceptable on October 26, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Ol d Z7i ?,0 C) at Newport Beach, California. BY dzxo 0 fflw1- � City Clerk CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 9:00 A.M. on the 10th day of June, 2010, at which time such bids shall be opened and read for PLAYGROUND RESILIENT SURFACE - PHASE 2 Contract No. 4494 $47,700.00 Engineer's Estimate ,tephen-t;. Badum blic Works Director Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Bidders are invited to attend an optional pre -bid meeting at the West Newport Community Center project site on June 3, 2010 at 10:00 A.M. Contractor License Classification required for this project: "A" For further information, call Peter Tauscher, Project Manager at (949) 644 -3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services / Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE - PHASE 2 CONTRACT NO. 4494 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE - PHASE 2 CONTRACT NO. 4494 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS 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) TECHNICAL ABILITY AND EXPERIENCE REFERENCES WITH PLAYGROUND INSTALLATIONS AS FACTORY INSTALLER OR THREE RECENT PROJECTS NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 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. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in - substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank In California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703,4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 7525,i6o Z oq Contractors License No. & Classification � -e -,sr.-6u It-L, Cds)si• Bidder Authorized Signatur tle (o-° -10 Date Bond No 70944911 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE - PHASE 2 CONTRACT NO. 4494 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 amount bid --- - - - - -- -- - - - - -- Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of PLAYGROUND RESILIENT SURFACE - PHASE 2, Contract No. 4494 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 10th day of June 2010. Richard E Schultz dba R E Schultz Construction Services Name of Contractor (Principal) Authorized Signaturef.Title Richard Schu'lVz, Propr Western Surety Company Name of Surety 101 S Phillips Ave Sioux Falls, SD 57192 Address of Surety (800) 331 -6053 Telephone Authorized Agent Signal Blake A Pfister, Attorney in Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 6_41 9 County of 77�/VCZ- yy On Y 0 XIbbeforeme, bU,'fA4 4-44jN Date �?Jcm eo �L �LJ) personally appeared L. WASHINGTON Commission N 1840150 a -rte Notary Public - California z' Orange County M Comm. Expires Mat 12.2013+ Place Notary Seal Above who proved to me on the basis of sati�kctory evidence to be the personoFwhose name(s ' r re_ subscribed to the within instrument and ack owledged to me that helshek4p- executed the same in his/t*r/ttrt&-r authorized capacity(fesj, and that by his/h�r/ttreir signature *on the instrument the persons or the entity upon behalf of which the perso' " 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. 19 WITNESS OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHrTHUMBPRINT OF SIGNER Number of Pages Signers Name: ❑ Individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 02007National Notary Association -9350 De Soto Ave, RO.Bm2402- CbatswrlRCA 91313 - 2402 -w NabonalNotaryorg Item05907 Reonlec Call Toll Free 1- 800-876 -6827 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange OnJune 9, 2010 beforeme, Lianne Nahina, Notary Public Dale Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to �h be the persons whose name f) is /� subscribed to the u AVNS N <•.14'OR within instrument and acknowledged to me that he/ `_- Ccmmisaion 7 767633 G! executed the same in hiss authorized capacity(lll �4 .,a } Notory Public - Ccllfornio r and that by his/ signature(0) on the instrument the orange county personp), or the entity upon behalf of which the person(" Myco°ivne= ,p742ott 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 fannd official seal. Signaturq! '� !t Place Notary Seal Above Sfgna re of Notary Public OPTIOIV.4 L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond No 70944911 Document Date: June 10, 2010 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western SuretyCompa Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary A6 latlon • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • wvnv.NatlonalNotary.org Item 95907 Reorder: Call Toll -Free 1- 800.676 -6827 I wlsm� POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70944911 Enow All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company "), does by these presents make, constitute and appoint BLAKE A. PFISTER its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Richard E. Schultz dba R.E. Schultz Construction Services Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the .corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors easy authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who sball have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not uecessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile" All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of September 10 , 2010 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its cor to be affixed this 10th day of June 207.0 A WEST R SURET..y C O M P A N Y r eta) W Paul T. BruflaVi3endor Vice President GTA a. Co On this 10th day of June , in the year 2010 , before me, a notary public, personally appeared Paul T. Bruf at, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. � D. KRELL N SOM CAKOTA GMRY PUBLIC ten, • Notary Public -South Dakota h\4MHN \ \ \4 \ \Y \ \ \ \ \ \16 My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full farce and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 10th day of June 2010 WEST R SURE COMPANY Paul T. BruflaVSenior Vice President Form F530&9 -2006 Cr SEACH PUBLIC WORKS DEPARTMEFTT PLAYGROUND RESIUE14T SURFACE • PHASE 2 CONTRACT NO. 4494 DESIGNATION OF SURCONTRACTOR(S) x- l5:7-g of cj V—k) k. :tfr cta,S wtio Wt'r �.�f` - ^•ir; �••?!H� _ ^, .'-": s.i..:.6::.� �'1 excess V or+,,,' v of orm pater : of t.-e Cai3 ^_,'s to t b t If a subcoraracaor is ry L ted. cc,itac —to =�i raisr�-- rs fumy .'}U�,:gd to Er:d VA; be mspmsd+Aa fC!'r'�. '_'rrrSj d-! f.'_ _he cv -k. Sima&ii jon of Shan M ( ads .m j In a" c�uca wll State taw a dor "he asd s ,r i1ir;xr 5 tc-! P+ut& Wre6z, . as axScaw Pt.- su3:.t m Pty Cc:t:--;i Coc-- 22.300 agrrgtiaa ,ec!r,-Ses may be sL+.so:t.T� SrW -bca'{Lots^.scre irelort^2tz vv_tsr+_:a Ccn',,—al Tlx: f3i:.!r, �•; a;"rai. z++s baa:�.a?rt. ,�.riu t1t caSs `Crr: ;re foHc+.�a� 6ubconCaotir3 tcw aaer! :.eed 0 fomwhi -q the id w he w%-4-s_d and 121ml :hesa swcon;f'acrcr. wZ3 bP u_sel `: --- Sire;" of the Enyi w :r4 in w h S'.2ie taw. No C:eagas rwy be made in Me-a s? b=41li3GOrs sx0ep: Wit! f �r ttpp "M Ci 'M a1 f or NfiNDCi: Subcomractors Informed. = r r an. r^ Dcs,6p:nn of Wane er I i ic�1 2F7 s �e t(aosq FDzr fool4 t I q I r I 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE - PHASE 2 CONTRACT NO. 4494 TECHNICAL ABILITY AND EXPERIENCE REFERENCES AND REFRERENCES WITH PLAYGROUND INSTALLATIONS AS FACTORY INSTALLER OR THREE RECENT PROJECTS Contractor must use this form!!! Please print or type. Bidders Name P� El- 5ZIn uU'"2, Chi l^ FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 0 a Project Name /Number �Q l �ck rcoi (o �5I L— /i5MT So _ AC1 l MC7iJ� Q`I111^ Project Description .44 -eLD J2 4.yGS" R69GdE Approximate Construction Dates: From o�_C �/O To: �b18 6 Agency Name f!A4SZ [:C '42 1.t. 0 be y Contact Person Telephone (�� -333a Original Contract Amount $Final Contract Amount $ ��� ;285 93 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. 146 No. 2 7ect Name /Numbe AfgR�mti� Project description � Approximate Construction Dates: From (D OTo: Agency Name L I 9 r3 %�C'„ (- )r-- Contact Person SC !q Ct3f'Ae_ Telephone jV "753 3�P Original Contract Amount $!I�inal Contract Amount $ �� %_ txYr T 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. M No.3 °°"� 'n _ Project Name /Number W (�. G� /bllfl/�� Project Description to E-0-0 P / AP-1 G CO y Mks Approximate Construction Dates: From C> cp) To:��� Agency Name rAmInN NJ A-t �` Y b wcyr S% 6lx— Diu Contact Person L° q, Telephone ((o/� t� m Original Contract Amount $Final Contract Amount $. CL'8 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name /Number �Kn'yy� &Pf , Project Description Approximate Construction Dates: From 5J To: 3/p6 Agency Name C Ae,S' VAS_() Contact Person ':�C'2S �RAqdgb Telephone to/9 tm W Original Contract Amount $�TFinal Contract Amount $�C 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. /mil 0 No. 5 Project Name/Number P -P_s n S 5.0 • s h yam' b t 2s Project Description JDC e- 044 A rou 8h 6) r .4 M J L:-r s �Ci nJ Approximate Construction ates: From To: Agency Name PC M-3 Contact Person U), IL.(- U ((} e— Telephone (P7 Original Contract Amount $Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 No- 6 Project Name /Number Project Description 'lam C-ov r I- CLI.I\ Q Approximate Construction _ To: �.)O% Agency Name i2t) u NA "�C 6f C) Q-" t° Contact Person g=- � �4SQ VML Telephone'siq �✓ %-*?A6-3 bG Original Contract Amount $Q�0inal Contract Amount $ / ) If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. R 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. G •�v �Z.-- �osus� . Bidder 12 _P Was Em R.E. SCHULTZ CONSTRUCTION SERVICES P.O. Box 6 Silverado, Ca. 92676 (714) 649 -2627 EXPERIENCE Richard E. Schultz — Owner CPSI (See attached) Company is Play & Park Structures Factory Certified. Contracting in the playground industry since 1994. Installing playground equipment since 2001. Prime contracting with public agencies since 2004. Eusebio "Al" Salgado — Supervisor Installer, trained and certified by Park & Play Structures Factory (See attached) 15 years experience in playground industry, installation of playground safety surfacing, equipment and playground site work. has met the requirements of the standards set forth by the National Certification Board and National Playground Safety Institute Executiue Committee and is hereby granted certification as a Chairperson, N SI Executive Committee NRPA Interim Executive Director 4pN RHOn\ 0 National Recreation o, and Park Association 5!$/9009 Date Certified 14451-0619 Certification Number 61119019 Expiration Date s h °' FW ����� t�� 'mil ��:? �g .; s t r u c t u PE:,! s® Has Successfully Completed) an Intensive Two Day `Draining Sessio n Covering MO( where fitness & fun meet Playground Equipment Training Included Actual Hands -On Assembly of Modular System Play Components, Upright Identification, Planning for System Set -Up and the Use of the Ground Plan and Individual Component Specification Sheets in the Assembly Process. This Training Will Prove Valuable in Future Installations of Playground Equipment. IN WITNESS WHEREOF, WE HAVE AFFIXED OUR SIGNATURE This 19th dray of March 2010. Senior Wee President, General Manager, 'VicePr President Play ore Quality, Global Fort Payne Operations Sourcing & Logistics �tafe of haft -famtn i 6anfrarfors $fatr Pursuant to Chapter 9 of Division 3 of the Business and Professions Code and the Rules and Regulations of the Contractors State License Board, the Registrar of Contractors does hereby issue this license to: 13L84 (REV. 4.911 91 62972 r R E SCHULTZ age in the business or act in the capacity of a contractor in the following classification(s): 49dk6i S aty A - GENERAL ENGINEERING CONTRACTOR A ca aof De partm nmenr or Consumer Affairs Witness my hand and seal this day, October 14, 1998 Issued October 13, 1998 1� C. Lance Barnett, Ph.D. Registrar of Contractors This license is the property of the Registrar of Contractors, is not transferrable, and shall be returned to the Registrar upon demand when suspended, revoked, or invalidated for any reason. It becomes void if not renewed. 755160 License Number CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE - PHASE 2 CONTRACT NO. 4494 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of�,1N�j� ) V,Or" E- L`(2 , being_first dujlv sworn, deposes and says that he or she is >NP r of iL� x�h 11 U Z C ek.3- , the parry making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. 'ha-rA Sr h tic-7-2- — 1r� w� Al P r Bidder Authorized Signa itle Subscribed`` and sworn to (or affirmed) before me on this�day of .2010 by tC'ND f(� �. �� t l I I % peFseaaHy*nevM-to-m"r proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. '' Notary Public [SEAL Gi RO MM�MnO q� CamnPU 1 0100nV ` My Commission Expires: a U dI i Maay IArbRC • caMOnro � ownge Cawgy AW aMi 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE - PHASE 2 CONTRACT NO. 4494 DESIGNATION OF SURETIES Bidders na 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): � -�i 1e. ceYt tA�— Pc7 (30x. 41 "A Pout T k C2n 1� FU Nx�b °— R) e4 1 t sg . S7t9�- cam, 33/ -1�s3 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE - PHASE 2 CONTRACT NO. 4494 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name P. tL Record Last Five (5) Full Years Current Year of Record NVA IE 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. 15 Current Record Record Record Record Record Yearof for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts j 6 S� Total dollar Amount of Contracts (in / � > a-7 ,J d IO=C' Thousands of $ ) No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment NVA IE 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. 15 Legal Business Name of Bidder Business Address: Business Tel. No.: - 1Xf- t4irl -,;��;i7 State Contractor's License No. and Classification: -7S79-1 iL-� •— A Title C3 tr h e- 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 —9 —/a If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. 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 of fewer than all of the partners /joint ventures if submitted 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 notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE - PHASE 2 CONTRACT NO. 4494 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: Business Address: ?` 0' 6U)Y (0 S I I 0 CA 97, 40 Telephone and Fax Number: 7114 -&q9-7417 /'7)&4 - foqq° q Z2,S California State Contractor's License No. and Class: 7d1� (REQUIRED AT TIME OF AWARD) Original Date Issued: 10- liS -9S Expiration Date: lt, -31 m LO 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: 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 Rtchk&t E, SIA-e. bw0u✓ P o. (p S WMaCA 61 U 7tt, 1 q-3sy q Z(oq Corporation organized under the laws of the State of 18 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal -" having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been Involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; �'p, Briefly summarize the parties' claims and defenses; Nth Have you ever had a contract terminated by the owner /agency? If so, explain_ NO Have you ever failed to complete a project? If so, explain. " For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labqZ compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ? Yes 400 Are any claims or actions unresolved or outstanding? Yes /& 19 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. l2a,*42-o e- vc� (Print name of Owner or President of Corporation /Company) Bidder Authorized SibAaLur it e OW K&-C Title �0 9 Date On 9t ( Ate_ qI )10f� before -- m_e,f 1 lQ.Ud� Lx k T l�,�ipy+�, Notary Public, perso Ily appeared `` �C, 1 A t 7t, 1E 6CH f¢ Z , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. re 0 DMIOR M J. 10OH M� � e e� Notary Public in ' d for said State AlIMMM4191 My Commission Expires:`1Q 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE - PHASE 2 CONTRACT NO. 4494 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND U FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT B�ACH PUBLIC WORKS DEPARTMENT CONTRACT THIS AGREEMENT, entered into this _ day of , 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and R.E. Sc ultz, doing business as ( "DBA ") R.E. Schultz Construction, a sole proprietorship, hereina ter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: PLAYGROUND RESILIENT SURFACE - PHASE 2 The work necessary for the completion of this contr ct consists of removing and disposing of existing improvements; constructing a P.C.C. I ase; installing skate stops; adjusting playground equipment; furnishing and installing flexible play surfaces; and other incidental items to complete the work in place required by the c ntract. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in tt is Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as A. CONTRACT DOCUMENTS The complete Conl following documents: Notice Inviting Bids, Inst Bond, Non - Collusion Affidavit, Notice to Success Labor and Materials Payment Bond, Permits, St. Drawings, Plans and Special Provisions for Conl for Public Works Construction (current adopted Agreement, and all modifications and amendm Documents "). The Contract Documents comprise as to the subject matter therein. Any represe contained in the Contract Documents are null anc in writing, and signed by both parties in the manne act for the Project includes all of the actions to Bidders, Proposal, Bidder's iI Bidders, Faithful Performance Bond, idard Special Provisions and Standard act No. 4494, Standard Specifications edition and all supplements) and this nts thereto (collectively the "Contract :he sole agreement between the parties tations or agreements not specifically void. Any amendments must be made specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, ecessary tools, expendable equipment and all utility and transportation services required r the Project: All of the work to be performed and materials to t with the provisions of the Contract Documents activities, at no extra cost to City, which are i Documents as being necessary to produce the int, 0 furnished shall be in strict accordance Contractor is required to perform all 3sonably inferable from the Contract ded results. C. COMPENSATION 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 Forty -Four Thousand, One Hundred Sixty and 00 /100 Dollars ($44,160.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (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, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Peter Tauscher (949)644-3316 CONTRACTOR R.E. Schultz Construction P.O. Box 6 Silverado, CA 92676 714- 649 -2627 714 - 649 -9223 Fax F. 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 Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 23 City reserves the right to require complete, certified copies of all required insurance policies at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. 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. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees 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 the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other Form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, 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 occurrence. 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and 24 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 25 All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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 the Contractor. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor 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 in G.3, above. The rights and obligations set forth in this Article shall survive the termination of this Contract. 26 H. 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. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: 4li CITY CLERK APPROVED AS TO FORM: Leonie Mulvihill Assistant City Attorney CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor R.E. SCHULTZ CONSTRUCTION Title: ClWltl e, Print Name: 2 I!tT:> By: S41rn -e__ (Financial Officer) Title: Print Name: Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 �Fb® CERTIFICATE OF LIABILITY IIICISUIf`66"11NuE OPID TK DATE(MMIDDIYYYYI 708 /13/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Peter C. Foy 5 Associates NAME: PHONE O Ear: A/ A/C,N C. No): CA License #0803080 ADDRESS: 21650 Oxnard St., Suite 1900 Woodland Hills CA 91367 CUSTOMERID#: RESCH -1 Phone:818- 703 -8057 Fax:818- 703 -0935 INSURER(S) AFFORDING COVERAGE MAID# INSURED INSURER A: Navigator. inmuconaa company 42307 R.E. Schultz Construction Sery Rick Schultz INSURER B: INSURER C: BOX 6 Silverado CA 92676 GENERALAGGREGATE s2000000 INSURER 0: INSURER E: s200DDDO INSURER F: $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY Be ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE INSR WVD'] POLICY NUMBER (MM/DOD IYYYY) (MMIDDIYYYY) LIMITS A GENERAL UABIUTY X COMMERCIALGENERALLIABILITY CLAIMS -MADE OOCCUR X $2500 Deduct X SF10CGLO16203 .05/10/10 I 105/10/11 EACH OCCURRENCE S1000000 PREMISES Ea =,q .ce 550000 MED EXP(My one person) 55000 PERSONAL B ADV INJURY $1000000 GENERALAGGREGATE s2000000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRJECT O- LOC PRODUCTS - COMPIOP AGG s200DDDO $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Peraccidenn $ $ $ UMBRELLA LIAS EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE $ DEDUCTIBLE RETENTION $ $ S WORKERS COMPENSATION AND EMPLOYERS'UABILITY YIN ANY PROPRIETOR /PARTNER/EXECUTIVE LJ —] OFFICERIMEMBER EXCLUDED9 (Mandatory in NH) Use. describe antler DESCRIPTION OF OPERATIONS below MIA TA U- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES `Attach ACORD 101, Additional Remarks Schedule, it more space is required) City of Newport Beach, its officers, agents, officials, employees, and volunteers are listed as additional insured with respect to General Liability. Prima rryy wording applies per their policy Corm. *10 days notice o£ cancellation due to non - payment of premium. CERTIFICATE HOLDER CANCELLATION City of Newport Beach Public Works Department Peter Tauscher 3300 Newport Boulevard Newport Beach CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FOFW B) CO 20 10 1185 SCHEDULE Name of Person or Organization: Any person or organization that the named Insured Is obigaged by virtue of a written contract or agreement to provide Insurance such as Is afforded by this policy. WHO IS AN INSURED (Section II) is amended to Include as an insured the person or organization shown in the Schedule, but only with respect to tiabifrty arising out of your work" for that insured by or for you. The following additional provisions apply to any entity that Is an insured by the terms of this endorsement 1. Primary Wording If required by written contract or agreement Such Insurance as is afforded by this policy shall be primary insurance, and any Insurance or self- nsurance maintained by the above additional insured(s) shall be excess of the Insurance afforded to the named insured and shall not contribute to it 2. WaiverofSubrogation If required by written contract or agreement We waive any right of recovery we may have against an entity that is an additional Insured per the terms of this endorsement because of payments we make for Injury or damage arising out of your work" done under a contract with that person or organization. 3. Neither the coverages provided by this Insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents! employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy (other than apartments). The words you° and your" refer to the Named Insured shown in the Declarations. "Your work° means work or operations performed by you or on your behat; and materials, parts or equipment furnished In connection with such work or operations. ANF-ES 160 (5/ 2006) O' .n con r,H.oa„W,.G,,,.7...a..wJp. Inca •v w.u. n.o.o r. n.m.. q...... v..y _. ...... p.....��_ .._� .� •JC CENTiFICATL JF LIABILrry INSURANCE' Dp» � r Leavitt Insugmas Sorvicea LA oNLV urn isaE CQRltf{LAT�T" &icanaG 00769447 P03LL4 MXSM2 HOLDER. MIS CERWICATE COM, NOT ANWD, MUM OR 21650 Ommard Street, Sts 61925 umm ALTER THE COVERAGE AFFORDED BY THE poucma mow. Woodland Halle CA 91367 es�wL TaaFLm COLDLERCMd OEHEAAL LMUTY CLADLS wmE ❑ OCCUR phono: BIB- 593-7001 nn -.910 -593 -7007 IMSUSERSAFFORM3COVERAGE MA�B mmm 6 —_ MURFRA: Allied Insurance CO. 42579 $tII : a c4ard Schultz Miv=06A 92676 D THE FMICESOF DWRARCE LISTEOGTIOW HAVE BEEAI efilMl TO ME DISUMMMWEMA904 FOR TFM PC= PEE'DOG=ATED. NORYIIRSTARDDIO AM REOLM'!T.TBMOR COHOITUDI OF NF/CCMTRCT CA OW1MkD=%MW1WMMWW TO BE MMD OR MAYFERTAOL THE MURAKCE AFFORDED SYTHEPOUI7F' AEEMOMMMfel111111be SIeECT TRAIL THETEMM ERCLIaEM11Cf ANDCOROMLOIOOF SUCH FOUMS AOPKOM LOWS SHOtY MY HAYF(GEY NEDUCMOYPAMIUMIS TYR OF mw*oyn P03LL4 MXSM2 umm I es�wL TaaFLm COLDLERCMd OEHEAAL LMUTY CLADLS wmE ❑ OCCUR EACH O +�tl2 ME S PISS Dgavtem � 6 —_ t'EOERD6A+RSm 6PR,O 6 PE SOMALamwa AY S GENOMAOGRECRE S CIEKL AQOAEDATE lL9T WPLEST POLSY PRQ LOC PRi>�ICfO•COdIgPAGG 6 .. I • • • X ALRDaBe1O % IJA�69Y AWAUTO ALL OVO4M AUTOS SCHEEOAUTOS DIIL M ME O AUTOS 1DALHOS Camp Ded 81,000 ACP7923404900 05/01/10 05/01/11 CPaR�SSV3E LAP EAR 61,000,000 — GMyOL � S - ° $ 3C PROFEMUMAW 0kv=d uA1 6 x Call Dee $1.000 OARAOMW AMAY AW AUTO AVTOOFLY -EAACd 6 OTHER EAACC AUTOOKY: AGO S S MMMIUYBRMrAU'ASUN OCCUR u CLAMMCE. DEDDCTMa RETEHHoH b EACH OCCURRFHCS S AWFIEOATE 6 .. , 6 —u _. 6 – 6 YIR RffMUCUTiYrU (•A�n6L�.i bw* L,,ff ZQZP=40061a FTWOPI�'Mmi 1027 £L SACHACCMEM 6 EL OSEAK -EAUMO S EL DISEASE- POUCYLOAT I S -_._- OYRM -T OFOP!}ATmw1U CA I l gADA�aY I oBaosFt 10 days notice 02 cancellation for ==- Fzymmt oil presim. Rs: Playground Resilient Surftcs Mmse 2 Mariana Sites. City of Mampost Beach included as Additional Insursd an the Antcacbil® por Attached farm 6 AC 01 02 03 09. aHaLasAlnaP TRa AsaLao�F+�RE• ^•Q• • •,• ccRaTHE EXIT6A9f0� G.1 DATE l0 , T1i601C3DelE1RTE11P)6ERWiFDaK.I 300 DAYB51dFM tW4R3ETaTT✓S! CBLMALATPIUIOIOEJfWI®TOMB LC9&YIT►:LLYRL' TO DO Po PlOALL arotE TE) mLtt+ATmH O1L LIASDtTY OP ArY DTF� Laos TRBINUIS;t 110 AOgi11 aR City of Newport Beach 3300 41aeeost Blvd., r.,..onnocner o.au.dnw xi v, to ev.�o.u,,cdLc v. mau.dnw -a ,Ly v..wvvywn o dv .a.w w.van wam.-u.. ry v ' BUSIMM AUTO AC 01 02 03 OB THIS ENDORSE II I U VYBPYfNt`JES T` E POLICY. PLEASE tl"bEAD IT CARE ELY. This endorsomentmad Iles tnawanse providad under the foliow[W BUSINESS AUTO COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM 1. under SECTION I • COVERED AUTOS, the fulawIng am added bo Paragr2ph C. Certain Trailers, Mobile Eg4nurtt and Temporary D. Substitute Autos: B. °Tra@ata° designed to be towed by a prM vale passenger type °aub° or a pickup, panel pick or van B not used for bual- Tess purposes, other than broft or ranching. 6. Farm wagons or farm Imptwmants while being teased by a uxiverad °auk°. B. CHANGES FOR ADDIVMMAL NEWLY ACQUMED VEHICLES 2. Pamgre�ph B2 of SECTION 1 — COVE=RED AUTOS Is replaced by the la" q; 2. B Symbol 7 to entered next to a covar- age In Rom Two of the Dedaratians, an E. *auto* you ecAdm will be a covered °auto "for that coverage only it a. Nre dresdy cover at least one °auto° you own for that coverage or B re- places an 'auto° ycu prevlowly owned Btatltad that coverage; and b. You tee us wNfin 30 days alter you acquire h that you wank us to cover It tar that coverage. 76o most we WE pay for Physical Damage Coverage for %se° under oils Cwarage Ex- uma*► Is 0100.000 per °aedD°, a 611 to the largest dedama appileable to any °suta° for that Cwara". C. BLALHM AMITIONAL INSURED Any pawn or or8uuniztdfOn which you have agreed to name as an add iftnal hrsurad in a wahtan contract, oxswtod prier to an acct. dank Doer than a contract for the prase or rental of a vehicle is an °Irsvrse for UaMiiy Coverage, but only to the extant that parwn AC 0102 03 09 Ace BA 7a or argai*afton quamas as an 'Insurad° un- der the Who Is An Insured Provtston can - lelrsd in Seclion u— LIABILITY COVERAGE at the Coverage Farm The Expsstsd or Intended Itjury Exdudan IN SECTION 8— LIABRITY COVERAGE Is ra +p�dbythefaRswh ill: Eqmdad M to mwod Injury "Ba ft hrlaey° or °pmpaaS)• damage° %Wch Is axp®olsd or 6ttended by the'monad°. This ear agpil" even If the raarfltng °bod- ily ip r or °p" dmnege °: a, is of a dMarant Wr4 quality or degree orarr Inttlaoy expected cr Intanded;or b. Is wastabod by a dyiorord person, entity. real property. or paraonei property am that lnhfally emmoted or Intended ADDITMAL EKCLUMONS The fallowing exclaslons are added fD SECTION II— LIABILITY COVERAGE: Dmnage to Manned Inewed's Property Any claim or °sWr for °property damage° by you or an yaw behalf againat any other per- son or efltily ilial Is also a Named Insured wider 90 pok. Abmer ar Wialeatadon °Bodily Input'° or °propsny damage° mfdrtg Dotal. a The actual or threatened abuse or mo- tastatlon by anyone or any parson acme In the care, cuaiody or control of any °In- sured°, at b. The neg%ent t) Emplaymont; 2) IrMS02athn; 3) . Superovhston; d) Reporting to the proper euthfod4as, or Pelura m so report; or Includes copyrighted maWd of Insurance Services Office, Inc.. ilea RD pamassion. LMp Sam rJOURM COPY 1100111210000 MM Pagel ago Fm Banocker Insurance 5ervlces TO:CertmcaTe at Insurance - city or Newport oast ia:oo 'w .w..' AC 0102 03 00 °ftM hw or Vwry damage° mwk- Ng from rna hand" at awpass. R MOWR MAN CONTOM COVEPWIE I. For a commit °auto° that Is m moor home the follmtng andaddow we add9d TO SWTMN tf— PHYSICAL DAMAGE: Mar tae Cotmwm Thtar Insurance doss flat to: a. °Leos° to the awared NuWe contante. orm*t equlprnsnl usual to bucks or prl- vats pu3eanger °aa foci °. . I. The most the wA pay for °Posit° In any one qtr M tno law" of: e. The acbM cacir vske of the or dwagod oi0men pimp® as b. The coat of mpgft at reptac- Ing ft dwriagad or s*m prop - OrN- 2. An adpasbnont for dopreddon and phydW cwtdYdon ulla ba ntado in delarminUeg metal cosh vatarc+ hO t]� event at tats) °doss°. S. The cant of mpaftfig or replacing may: a. Be based an an ea0mate whIeh fatkudao parts fumlciled by the c>tg w "q ma►t monraPaelurer or aftr nauroes taaktdrtg nom otl0hwi equtpmtad mamdaadar- am and b. Wuda a dsducdon for Imter- ment for a pwt or parrs Drat are noffmRy added to mpafr or ro- pleooment dudng the uaawl 0ls of Mg °auia°, such as. but not bftd to fts and baasrbs. Sattthfixettt means the dWimunee beWom Die IsMal cash vaiuo of a W bmedlately before the °Imse° amd 0ee oast to mpleos Drat pact wKh a nmro part Page 2 at 0 Inohades copyrighted ntsMrW of trmumnee 8srvtcas QAlre, Inc., WM Its perrignion. aW M M490410110 6naV AWES oeuflr cwv Acate2mm Cm AC 0102 03 00 rm.oanwnci na...o....o.+c�....ca......m .. n.....c ... ...o...o ...., .y ... ...... y........a .. ...........°..... ......... -..-.. �.... -... 9. J. R L AC 01 0203 Ott AC 010203 M 9 htrad or ranted °autos° are covered °autos° on this poft, the ta9avAng pwMand apply: A. C9rengosIn Uabft Caverege The hs added to ft Who Is An Iu- sured to SECT*N p — UAf3QM COVSRAGE: An °ernptoyoe° of youss h an lwurod° why opamang an *auto' hhed or rented under a ountrad or. agir:esneat In to °emplsyeaV nemo, vsgh your parmltalon. vshes pafw tltg duBss Mobil to ft conduct of your busE noes. 8. Chongas In Qoaars9 Cmtd(iions M. EAERGMICT 6CCStOW — PRIVATE PACER VWCM Vft wM rotmbulse you up to $0 for reasonable eupenss Incurred for the woubm of a loc9usndfh to gah on" btb youa covered -auto- W Om pd- Vab passwrge "a satW to elm Ammons: 1. Yaw door key or key entry pad Bras been but ateten at loaded In your covered °auto° and you are uneW to enter such °auto° , or 2. Your key or lay entry pad has bm Bost or elolen and you have changed to bck to prevent an unauthorkedenW, and 3. Ort&W eopba of rocalpta for sorv[ces of a todtstnfth nHUd be provided before re frn- barsemantfs payaws. Includes copytIM*d maWW of Insuranw SMIZea O2ioe, Inc-, nv& Its petrnissttan. LKMP few u1sum cave Aanae6znm, 001 Pago 3 09 4 AC 0102 09 00 4.e ya i !.Llq .aY e.ex i.: c:.ti. vn" tv t�9•Rnw n :fiti.: ^H eq rm eariocKennsurance services io:cerancaieoTmsumnce- c:iryoTNe ponmac in:� iluumir vqur-ur If the cortff als holder Is an ADDIT9f MM INSURED, t4tg polloy(ios) must be endorsed. A ststement on this cortificitto does not ooatfar rights to ft aard$cate holder In lau of such endofeem nl(s). H SUBROGATION IS WAIVED, eL*d to the tsrtxu and eandffJOns of fits p*W. cm9slo policies may mqufm ae sedorsement. A slaternent on lids cerdffcate does not confer fthlo to Om cerdficale holder In Ifeu of such eft4lomflim4s). DISCLAIMSR This CwUfecate of tnsurenoe does not eanotitute a contnd Imilmmen Ilte Issuing Insurer(s). aulherised or pmduesr, fend tha c5af6icalo holder, nor does It aftarmti * or negatively amend. wOM or Mr the aommp afforftd by Uw policies IWO ft mom Ctr{THOLDER COPY SP P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08 -10 -2010 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 -3816 GROUP POLICY NUMBER: 1818103 -2010 CERTIFICATE ID: 71 CERTIFICATE EXPIRES: 01 -01 -2011 01-01- 2010/01 -01 -2011 SP dOB:PLAYGROUND RESILIENT SURFACE PHASE 2 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated, This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. O64 OU64 V&a t 7th,r,d Representative Q Interim President and CEO UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2010 -01 -01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01 -01 -2008 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2010 -03 -12 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER SCHULTZ, RICHARD AND SCHULTZ, SHANNON M DBA: R E SCHULTZ CONSTRUCTION SERVICES PO BOX 6 SILVERADO CA 92676 [NCT,CSj (REV.1.2010) PRINTED : 08 -10 -2010 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 08/16/2010 Dept. /Contact Received From: Shauna Oyler Date Completed: 08/16/2010 Sent to: Shauna Oyler By: Michelle Ross Company /Person required to have certificate: R.E. Schultz Construction Serv. L GENERAL LIABILITY A. INSURANCE COMPANY: Navigators Insurance Co. B. AM BEST RATING (A-: VII or greater): "A "(X) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. ff. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Allied Insurance Co. B. AM BEST RATING (A-: VII or greater) "A + "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Compensation Insurance Fund B. AM BEST RATING (A-: VII or greater): n/a C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Michelle Ross August 16, 2010 Agent of Brown & Brown Date Broker of record for the City of Newport Beach ❑ Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Dale ® Yes ❑ No 06;0912010 19:50 13045274723 R E SCHULTZ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL _PLAYGROUND RESILIENT SURFACE RENOVATION — PHASE 2 CONTRACT HO. 4494 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: PAGE 01 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4494 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 2. 3. Lump Sum Mobilization @ 1�/�%dtJ0�1��Dollars and '"0^ Cents $ 5ZC0.- Per Lump Sum 1,800 S.F. Remove Existing Wear Course Play Surface @ oAle- Dollars and 7W! %i de Cents $ $ �! Per Square Foot 1,200 S.F. Remove Existing Play Surface Cushion Layer @, OM° Dollars and Cents $ $ 1 ' Per Squar6 Foot 06/09/2010 19:50 13045274723 K t 5�nu PR2of3 ITEM QUANTITY - ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 130 S.F. Construct 4Inch Thick P.C.C. Base, 3.5- Inch Thick Cushion Layer, and 0.5 -Inch Thick Colored Play Surface Finish Course @ Dollars and �— Cents $ .yl�,� $ Per Square Foot 5. 1,800 S.F. Remove and Construct 1.5 -Inch Thick Colored Play Surface @ EILT-H-T Dollars and _T%1a Cents $ $,30 $ I'i,ol+ 0' Per Squarb Foot 6. 1,800 S.F. Construct 0.5 -Inch Thick Colored Wear Course @ Foga. Dollars and 1h,a4a 616re1-r' cents $ 14.3$ $ 7� Per Squ a Foot 7. 1,200 S.F. Construct 3.54nch Thick Cushion Layer @ F;bvo- Dollars and 3 Fnua#a,�na�z�, Cents $ � y $ � Per Squa a Foot 8. Lump Sum Adjust Playground Equipment @ lk M8W 606" Dollars and - - Cents $ 1�,— $ Ism Per lump Sum 06/05/2010 15:50 13045274723 R E SCHULTZ PAGE 03 PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 25 EA. Furnish and Install skate stoppers & Tk%LAm Fou& - Dollars and —�— Cents Per Each 10. Lump Sum Provide As -Built Drawings (Fitted) @ One Thousand Dollars and Zero Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS $ $ �Sp•— $ 1,000.00 ,_ Fob- o �u2 av WaL1 pNe huNba0_ z S%y�.1 Dollars and -0-- Cents Zam Date 7)q-&49- 2427 / loy9 -Qz7.3 Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) Total Price (Figures) Bidder i— se/rt Bidder's AuthorizeEfpignature and Title P o.w 6 - S,IVea400 CA q?.wG Bidders Address Bidder's email address: last saved by ptauscher05 11912010 2;07 PM f:WserslpbW,4wed%cwbWs\fy 09.10Waygmund surface phase 2 c- 44941proposak,4494.doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS PLAYGROUND RESILIENT SURFACE RENOVATION — PHASE 2 CONTRACT NO. 4494 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -5 PLANS AND SPECIFICATIONS 2 -5.3 Shop Drawings and Submittals 2 -5.3.1 General 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES 6 -11 PRE -BID MEETING 1 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 T LI SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.7 Notice to Residents and Temp Parking Permits 6 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 9 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 9 201.1 PORTLAND CEMENT CONCRETE 9 201 -1.1.2 Concrete Specified by Class 9 SECTION 203 BITUMINOUS MATERIALS 9 203 -15 RUBBERIZED PLAYGROUND SURFACES 9 203 -15.1 General 9 203 -15.2 Installation 10 SECTION 206 MISCELLANEOUS METAL ITEMS 10 206 -7.1 Material 10 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.3 Removal and Disposal of Materials 10 300 -1.3.1 General 11 300 -1.5 Solid Waste Diversion 11 u/9 SO Nal A N? -F' ild 00 MIX1110, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SP 1 OF 17 PLAYGROUND RESILIENT SURFACE RENOVATION — PHASE 2 CONTRACT NO. 4494 12111:1 ]91011.]. I All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5225 -S); (3) the Work Schedule, (4) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (5) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517- 0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -5 PLANS AND SPECIFICATIONS 2 -5.3 Shop Drawings and Submittals 2 -5.3.1 General. Add to this section: "Contractor shall prepare and submit a sample of each required flexible play surface." 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of removing and disposing of existing improvements; constructing a P.C.C. base; installing skate stops; adjusting playground equipment; furnishing and installing flexible play surfaces; and other incidental items to complete the work in place required by the contract." SP2OF17 SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 15 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SP 3 OF 17 SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a 'Notice to Proceed' has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 25 consecutive working days after the date on the Notice to Proceed. Contractor shall work on and complete one site at a time. . Construction shall not occur on more than two locations at any one time at the start of the project. Contractor shall obtain separate permission to start work on each location from the Engineer. If the work is progressing satisfactorily, the Engineer may allow the Contractor to work on additional work sites simultaneously. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 151 the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 41h the first Monday in September (Labor Day), November 11 th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31" (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. SP4OF17 The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 PRE -BID MEETING. The City will conduct a Pre -bid site meeting on the date and at the time specified on the Invitation to Bid. Bidder attendance at this meeting, while optional, is recommended. The meeting will be held at the West Newport Community Center at 883 West 15th Street. The purpose of the site meeting is to acquaint prospective bidders with the playground adjustments required at this location. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor." SP5OF17 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http: / /www.newportbeachca.gov /publicworks." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuuming the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. Contractor shall also comply with the Clean Air and Water Act summarized is Section S -1 of the Specifications. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. The Contractor shall maintain access to the all recreation facilities outside the construction areas at all times. In addition the Contractor shall fence off the entire work area with a 6 -foot high temporary chain link fence during construction." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be SP6OF17 stored on streets, roads, parking lot, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs, which are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall SP7OF17 require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering Contractor's License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS -BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved drawings that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built" drawings. The "As- Built" drawings shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not limited to, providing bonds, insurance and financing, establishing a construction yard, delivering all required notifications, preparing the BMP Plan and construction schedule, providing submittals and sanitary facilities as needed, attending all pre- construction and SP8OF17 construction meetings, constructing a temporary construction /security fence around the perimeter of the project sites to the satisfaction of the Engineer, posting all necessary notifications and construction safety signage, providing and necessary traffic control, and all other related work as required by the Contract Documents. Item No. 2 Remove Existing Wear Course Play Surface: Work under this item shall include, but not limited to, removing and disposing the top 0.5- inches of the existing wear course play surface and appurtenances, and all other work items as required to complete the work in place. Item No. 3 Remove Existing Play Surface Cushion Layer: Work under this item shall include, but not limited to, removing and disposing 3.5- inches of the existing play surface cushion layer to base layer to accommodate improvements, and all other work items as required to complete the work in place. Item No. 4 Construct 4 -Inch Thick P.C.C. Base, 3.5 -Inch Thick Cushion Layer, and 0.5 -Inch Thick Colored Play Surface Finish Course: Work under this item shall include, but not limited to, relocating sand to accommodate improvements, compacting subbase, constructing a 4 -inch thick P.C.C. base with thickened edge and doweling, a 3.5 -inch thick cushion layer, a 0.5 -inch thick colorized wear course with aliphatic binder for the playground surface, and all other work items as required to complete the work in place. A receipt and warranty certificate stating the City as the owner of the new playground surface entitled to warranty coverage shall be provided under this payment item. Item No. 5 Remove and Construct 1.5 -Inch Thick Colored Play Surface: Work under this item shall include, but not limited to, removing and disposing the top 1.5- inches of the existing play surface layer, constructing a 1.5 -inch thick play surface consisting of 1 -inch of cushion layer and 0.5 -inch colorized wear course with aliphatic binder for the playground surface to match the pattern of the existing rubberized surface, and all other work items as required to complete the work in place. A receipt and warranty certificate stating the City as the owner of the new playground surface entitled to warranty coverage shall be provided under this payment item. Item No. 6 Construct 0.5 -Inch Thick Colored Wear Course: Work under this item shall include, but not limited to, constructing a 0.5 -inch thick colorized wear course with aliphatic binder for the playground surface that matches the pattern of the existing rubberized surface, and all other work items as required to complete the work in place. A receipt and warranty certificate stating the City as the owner of the new playground surface entitled to warranty coverage shall be provided under this payment item. Item No. 7 Construct 3.5 -Inch Thick Cushion Layer: Work under this item shall include, but not limited to, the construction of a 3.5 -inch thick cushion layer providing the foundation for the colorized playground wear course, and all other work items as required to complete the work in place. SP9OF17 Item No. 8 Adjust Playground Equipment: Work under this item shall include, but not limited to, adjusting playground equipment to accommodate new playground resilient surfacing and be compliant with the Consumer Product Safety Commission's Public Playground Safety Handbook requirements. Adjustment may include raising and lowering of playground equipment, furnishing and installing new equipment such as clamps and climbing tie downs, providing new foundations for slide posts, removing unnecessary equipment, and all other work items as required to complete the work in place. Item No. 9 Furnish and Install Skate Stoppers: Work under this item shall include, but not limited to, completely cleaning the entire concrete of all wax, oil, and debris with a high pressure washing system, furnishing and installing Skate Stoppers per drawings, and all other work items as required to complete the work in place. Item No. 10 Provide As -Built Drawings: Work under this item shall include, marking up Contract drawings with as -built conditions and all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the City Inspector for review prior to payment request. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement Concrete for construction shall be Class 560 -C- 3250." SECTION 203 - -- BITUMINOUS MATERIALS 203 -15 RUBBERIZED PLAYGROUND SURFACES 203 -15.1 General. The Contractor shall hire an experienced sub - contractor or have crews experienced in constructing a 3.5 -inch thick cushion layer, with a 0.5 -inch colorized playground wear surface, on a 4 -inch thick PCC slab. The Contractor shall submit references for the sub - contractor's previous work involving the construction of rubberized play surfaces to the Engineer for approval. The flexible surface shall be a 3.5 -inch thick cushion layer consisting of shredded styrene butadiene rubber (SBR) adhered with a 100 percent solids polyurethane binder. SP 10 OF 17 The colorized wear course shall be 0.5 -inch thick consisting of colorized Ethylene Propylene Diene Monomer (EPDM) particles with an Aliphatic Binder. The rubberized playground surface shall be "Poured -in -place playground surfacing" as manufactured by Tot Turf and available through: Tot Turf 4145 W. Mercury Way Chandler AZ, 85226 Phone: (800) 858 -0519 So. Cal Dist: Mark Hollowell Phone: (818) 397 -6273 This material shall be installed either by a factory- qualified installer or by an installer that has satisfactorily installed this material on a minimum three (3) different contracted projects. A list of references for the previously completed work is required. 203 -15.2 Installation. The playground surfaces shall be installed per Tot Tuff specifications, or approved equivalent, to fully comply with ASTM and CPSC guidelines and standards for playground safety. Manufacturer's installation guidelines have been included as Appendix A for reference. SECTION 206 - -- MISCELLANEOUS METAL ITEMS 206 -7.1 Material. Add to this section: "The Contractor shall use Skate Stoppers FA 902.5 made form 6061 -T2 Aluminum. Skate Stopper shall be installed with using two part impact resistant epoxy and Smart Pins Plus." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK i � d��_1�Id[eL•\►1�Zrl:i�1 -3 31�[�] 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: www/ newi)ortbeachca .gov /generalservices and clicking on refuse, then selecting the link Franchised Haulers List." SP 11 OF 17 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SP 12 OF 17 PART 1 - General POURED IN PLACE PLAYGROUND SURFACING Poured in place rubber playground surfacing shall consist of a polyurethane binder mixed with 100% recycled, shredded tire buffings which will make up the cushion layer. The cushion layer is capped with EPDM rubber granules mixed with a polyurethane binder creating the wear course. Surfaces shall comply with ADA and CPSC guidelines as well as ASTM Standards. PERFORMANCE REQUIREMENTS Area Safety: Poured in place within playground equipment use zones shall meet or exceed the performance requirements of the CPSC, ADA, and Fan Height Test ASTM F 1292 -04. The surface must yield both a peak deceleration of no more than 200 G -max and a Head Injury Criteria (HIC) value of no more than 1,000 for a head -first fall from the highest accessible portion of play equipment being installed as shown on drawings. Accessibility: Children's outdoor play areas shall be in compliance with the Uniform Federal Accessibility Standards (UFAS) FED - STD -795 and the Architectural and Engineer Instructions (9AE1) Design Criteria. The requirements of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) 28 CFR Part 36 that provide equal or greater accessibility than the requirements of UFAS must also be met in children's outdoor play areas. Poured in place surfaces intended to serve as accessible paths of travel for persons with disabilities shall be firm, stable and slip resistant, and shall meet the requirements of ASTM F 1951- 08 and ASTM F 1292 -04. Poured in place surfaces shall be manufactured and installed by trained and experienced installers. Submittals: The following shall be submitted for rubber surfacing for playgrounds: • One original hard copy of the submittal package will be provided. • Manufacturer's descriptive data and installation instructions. SP 13 OF 17 Manufacturer's details showing depths of wear course and sub -base materials, anchoring systems and edge details. • Upon request, a listing of comparable installations where products similar to those proposed for use have been installed and have been in service for a minimum period of three years. This list shall include owner, address of installation, date of installation, contact person, and phone number. • Upon request, 4 -inch by 6 -inch samples of the proposed material for this project. IPEMA certification shall be mandatory. Delivery, Storage and Handling: Materials and equipment shall be delivered and stored in accordance with the manufacturer's recommendations. Project Site Conditions: Poured in Place surfacing must be installed on a dry sub - surface, with no prospect of rain within the initial drying period, and within the recommended temperature range of the manufacturer. Installation in weather condition of extreme heat, less than 55 degrees (F), and /or high humidity may affect cure time, and the structural integrity of the final product. Immediate surrounding sites must be reasonably free of dust conditions or this could affect the final surface look. Warranty: Poured in place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and material for a limited five (5) year period. Warranty will be specific to maintenance requirements and performance standards of completed product. PART 2- PRODUCTS Safety surfacing shall consist of synthetic materials meeting the requirements of this specification. SECTION 2.01 PRODUCT SCOPE (a) Poured in Place Surface: The poured in place surface shall consist of 100 percent recycled shredded tire material mixed with a polyurethane and capped with either an EPDM granule and mixed with polyurethane. b) It shall consist of a uniform material manufactured in such a way that the top portion meets the requirements specified herein for wear surface. SP 14 OF 17 c) The type of safety surfacing shall be a poured -in -place system and shall be indicated on the drawings. SECTION 2.02 CUSHION LAYER SECTION (a) Impact Attenuating Cushion Layer: Cushion Layer consists of shredded styrene butadiene rubber (SBR) adhered with a 100 percent solids polyurethane binder to form a resilient porous material. (b) Strands of SBR may vary from 0.5 mm - 2.0 mm in thickness by 3.0 mm - 20 mm in length. Binder will be between 18 -20 percent of the total weight of the granules used in the wear surface and shall provide 100 percent coating of the particles. (c) Foam or rubber granules are not to be permitted in cushion layer (d) Binder shall be between 10 -14 percent of the total weight of the material, and shall provide 100 percent coating of the particles. (e) The cushion layer shall be compatible with the wear course and must meet requirements herein for impact attenuation. SECTION 2.03 WEAR COURSE (a) Wear Course shall consists of Ethylene Propylene Diene Monomer(EPDM) or Thermal Plastic Vulcanized (TPV) granules with polyurethane binder formulated to produce an even, uniform, seamless surface up to 2000 square feet. (b) EPDM shall be peroxide cured with an EPDM content of 26 percent and shall include a Processing aid to prevent hardness with 26% poly content to maintain dynamic testing characteristics, weatherization and UV stability. (c) ASTM 0 2240 (Shore A) hardness of 55 -65, not less than 26 percent rubber hydrocarbons. (d) Size of rubber particles shall be 1 -3 mm across. Binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles. (e) TPV shall be angular granules with a (Shore A) hardness of 65 0A ±5 and particle size between 1 -4mm. Binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles. (f) Thickness of wear course shall be a minimum 0.5- inch. (g) The wear course shall be porous. SP 15 OF 17 SECTION 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 Ibs /gal and no more than 9.5 Ibs /gal. (d) Manufacturer is permitted to modify the type of urethane required to match extreme weather conditions. Substitutions must be equal to or exceed VORAMER quality and be manufactured by Dow Chemical. PART 3 - MATERIALS (a) Wear Course - EPDM Granules: Manufacturer: RTH Processing, Inc. As distributed by: Robertson Industries, Inc. - (800) 858 -0519 Location Used: Playground Area (b) Wear Course - TPV Granules: Manufacturer: Rosehill Polymers As distributed by: Robertson Industries, Inc. - (800) 858 -0519 Location Used: Playground Area (c) Cushion Layer - TotTurf Shredded SBR As distributed by: Robertson Industries, Inc. - (800) 858 -0519 Location Used: Playground Area (d) Binder - VORAMER MR 1099- extreme heat and humidity conditions Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858 -0519 Location Used: Playground Area (e) Binder- VORAMER MR 1105- normal weather conditions Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858 -0519 Location Used: Playground Area (f) Binder- Voramer MR 1108- humid conditions Rubber Surfacing For Playgrounds T— Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858 -0519 Location Used: Playground Area SP 16 OF 17 (g) Binder- Voramer MR 1160 Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858 -0519 Location Used: Playground Area (h) Binder- Aliphatic Manufacturer: Manufacturer: Marchem Pacific, Inc. As distributed by: Robertson Industries, Inc. - (800) 858 -0519 Playground Area Location Used: Playground Area PART 4 - EXECUTION Section 4.01 SITE PREPARATION (a) Finished Grade: Verify that finished elevations of adjacent areas are as indicated on the drawings, that the appropriate subgrade elevation has been established for the particular safety surface to be installed, and that the subsurface has been installed in a true, even plane, and sloped to drain as indicated in drawings. To conform with ADA guidelines-there must not be more than a two percent slope. (b) Sub base: Tolerance of concrete subbase shall be within 1/8 inch in 10 feet. Tolerance of subbase shall be within 3/8 inch in 10 ft. Verify that subbase has been fully compacted in 2" watered lifts to 95 percent or greater. (c) Curing of Concrete: If poured in place surfacing is installed, verify that concrete subbase has cured and that all concrete curing compounds and other deleterious substances that might adversely affect adhesion have been removed. Surface shall be clean and dry. (d) Drainage: Verify that sub - surfacing drainage, if required, has been installed to provide positive drainage. Section 4.02 INSTALLATION (a) Poured in Place Surfacing: Components of the poured in place surfacing shall be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. Installation of surfacing shall be seamless up to 2,000 square feet per day and completely bonded to concrete of subbase. Material shall cover all foundations and fill around all elements penetrating the surface. (b) Cushion Layer: Whenever practical, cushion layer of surfacing material shall be installed in one continuous pour on the same day of up to 2,000 square feet. When a second pour is required, step the seam and fully coat the step of the previous work with polyurethane binder to ensure 100 percent bond with new r SP 17 OF 17 work. Apply adhesive in small quantities so that new cushion layer can be placed before the adhesive dries. (c) Wear Course: Wear Course must be either high quality peroxide cured EPDM or TPV granules. Wear surface shall be bonded to cushion layer. If necessary, additional primer will be used between the cushion layer and wear course. Apply adhesive to cushion layer in small quantities allowing the wear course to be applied before adhesive dries. Surface shall be hand troweled to a smooth, even finish. Except where the wear course is composed of differing color patterns, pour shall be continuous and seamless up to 2,000 square feet per day. Where seams are required due to color change, size or adverse weather, a step configuration will be constructed to maintain wear course integrity. The edge of initial pour shall be coated with adhesive and wearing surface mixture shall be immediately applied. Pads with multiple seams are encouraged to include a top coat of urethane before being placed into use. Butt joint seams are not acceptable except for repairs. Under special conditions and with owners written approval seams may be permitted in same color pad. Consult with manufacturer for specific applications. (d) Perimeter: Concrete perimeter must be saw cut to size indicated on plans, or formed during pour, with surfacing rolled down inside void. Primer adhesive must be applied to all sides of the void. When connecting to a concrete curb or boarder the hardened edge shall be primed with adhesive and the final 2- inches shall be tapered to allow the wear surface material to be a minimum of 1 -inch thick where it joins the concrete edge. (e) Thickness: Construction methods, such as the use of measured screeds 1/16 inch (1.0 mm) thicker than the required surfacing depth, shall be employed to ensure that full depth of specified surfacing material is installed. Surfacing system thickness throughout the playground equipment use zone shall be as required to meet the impact attenuation requirements specified herein. (f) Clean Up: Contractor shall work to minimize excessive adhesive on adjacent surfaces or play equipment. Spills of excess adhesive shall be promptly cleaned. (g) Protection: The synthetic safety surface shall be allowed to fully cure in accordance with Manufacturer's instructions. The surface shall be protected by the Contractor from all traffic during the curing period of 48 hours or as instructed by the Engineer. END F: \Users \PBW\Shared \Contracts \FY 09 -10 \Playground Surface Phase 2 C- 4494 \Specs_4494.doc