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)
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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
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9.
J.
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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.
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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.
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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
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(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