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C-4758 - 2010-2011 Playground Resilient Surface Renovations
CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 13th day of April, 2011, at which time such bids shall be opened and read for 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION Title of Project Contract No. 4758 $ 60,000.00 Engineer's Estimate -Y�FDRN- Approved b St�her%RoBadum ubLic' or•6cs Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949) 756 -1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) 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 -I iURKiZri1 »! \W:191111!1N7: *114 Will :7y- .N :vNA'![41!l_1 Contract No. 4758 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ......................................................... ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9 NON - COLLUSION AFFIDAVIT ...................................... ............................... 13 DESIGNATION OF SURETIES ....................................... ............................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................15 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................17 INFORMATION REQUIRED OF BIDDER ........................................ .............................18 NOTICE TO SUCCESSFUL BIDDER ............................................... .............................21 CONTRACT.................................................................................... ............................... 22 FAITHFUL PERFORMANCE BOND ................................................ .............................30 LABOR AND MATERIALS PAYMENT BOND... ................................... ........................ 33 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS .................................... ............ . ................................... ........SP -1 Pa City of Newport Beach 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION Contract No. 4758 INSTRUCTIONS TO BIDDERS 1. 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 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. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. 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. T ;�& 0 /� Contractor's License No. & Classification Bidd(err Authorized Signaturefritle �, %2 Date Bond No 71092482 City of Newport Beach 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION Contract No. 4758 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 firm I 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 2010- 2011 PLAYGROUND RESILIENT SURFACE RENOVATION, Contract No, 4758 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 or 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 13th .day of April , 2011. Richard E Schultz dba R E Schultz Construction Services Name of Contractor (Principal) Western Surety Company Name of Surety 101 S Phillips Ave, Sioux Falls, SD 57192 Address of Swely (800) 331 -6053 Telephone Ri for Authorized Agent Blake A Pfister, Attorney in Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT �� - - - - - = - =- -_e STATE OF CALIFORNIA County of orange On April 12, 2011 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister 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 9.fficial seall.' / Signature Place Notary Seal Above Signatur I 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 Document Title or Type of Document: Bond No. 71092482 Document Date: April 13, 2011 Number of Pages: Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signers Name: Blake A. Pfister Signers Name: ❑ Individual ❑ Individual ❑ Corporate Officer— Title(s): ❑ Corporate Off icer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Compa Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2007 National Notary Association • 9350 Be Solo Ave., P.O. Box 2402 • Chatsworth. CA 91313 -2402 • w ,.NalionalNolary.org Ilem %5907 Reorder: Call Toll -Free i.B00.B76 -6827 who proved to me on the basis of satisfactory evidence to _ ^s LIANNE NAHINA : :* ^� - be the person@B whose name ($) is /&V subscribed to the within instrument and acknowledged to me that he /fir aRr(.q Commisslon „ 1 767633 < =e: =vi Notary Public - California = Coo orange county = executed the same in his /t'. authorized capacity(), and that by his /1 signature(f) on the instrument the My Comm l:�ir t4 2ot1 person(&), or the entity upon behalf of which the person(9) 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 9.fficial seall.' / Signature Place Notary Seal Above Signatur I 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 Document Title or Type of Document: Bond No. 71092482 Document Date: April 13, 2011 Number of Pages: Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signers Name: Blake A. Pfister Signers Name: ❑ Individual ❑ Individual ❑ Corporate Officer— Title(s): ❑ Corporate Off icer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Compa Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2007 National Notary Association • 9350 Be Solo Ave., P.O. Box 2402 • Chatsworth. CA 91313 -2402 • w ,.NalionalNolary.org Ilem %5907 Reorder: Call Toll -Free i.B00.B76 -6827 Attached to Bond.No 71092482 ACKNOWLEDGMENT ................................................ ..............................I State of California � County of a A0 T A)CCf___ } ss. On i Public, me, Notary proved to me on the basis of satisfactory evidence to be the person r�5j whose name( is /are subscribed-to the within instrument and acknowledged to me that fLtvleJshe /they executed the same in(hi /her /their authorized capadty.Ie!§ , and that b hi�lher /their signatures(s) on the instrument the persono). 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. • ABBA KO -KIM WITNESS my hanel and officiaWeai. 0 CCIMM. # 18351 9 1 /� O ; NOTARY PUBLIC - CALIFORNIA p \ �- C-/. (_' CUM M EAPIRES FOB 9T2013 0 Signature tSCOli . ca ............... ca.: o.a..C............•............ C........................11 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer F-1 Check here if Capacity of Signer, no thumbprint _ Trustee or fingerprint _ Power of Attorney is ayaiiabie. _ CEOfCFO /COO President / Vice - President I Secretary I Treasurer Other: Other Information: Attached to Bond No 71092482 ACKNOWLEDGMENT ................................................ ............................... State of California County of See Attached ) ss. On See Attached before me, _See Attached Notary Public, personally appeared See Attached who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand.and official seal. See Attached Signature (sebq .. evv.= eve__ v= v== c .............. ... ... ...........vvv..= .............. v v v......., OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney CEOICFO /COO _ President / Vice- Presidcnt / Secretary / Treasurer Other: Other 7 Thumbprint of Signer Check here if no Inumbprini or fingerprint is available. },.�, , \�i'. A(Iit , of POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71092482 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 attomey(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 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 maybe printed by facsimile." All authority bushy conferred shall expire and terminate, without notice, unless used before midnight of Ju 1 V 13 , 2011 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company bas caused these presents to be signed by its Senior Vice President, Paul T. Brutlat, and its corposN9A"I to be affixed this 13th day of April 1 2011 k �.- AV WEST R //SURE COMPANY Paul T. BraflatfSenior Vice President ST t w (5TA l �aauT " C ss COUDIT°PifJiAFIA I On this 13th day of Apr i 1 , in the year 2011 , 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 acknowledged said instrument to be the voluntary act and deed �of sacorporation. ♦wr«r«r«aaw «rw.r. «s /�: (/ /adJf.dLK� D. KRELL • N —ti[C WNOrARY PUBLIC; Notary Public - South Dakota SOUTH DAKOWSEp/i ♦ «rrsrrrrr« «r «««rr 0 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 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 April 2011 , WE8TR SUR E COMPANY Paul T. BruflaVSenior Vice President Fonn F6308 - &2006 City of Newport Beach 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION Contract No. 4758 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid item Description of Work %of Number Total Bid Name: UU�JX�1ip + (� QA —b'L.1 a �� Address: � (O ,-9 Fi:Dl4I i � / 40 �/,, U (&/ U\ q 17l) ll�CfJ Phone: j�,—= ,.—r19 State. License Number: (pip %Z-(o G�Lji Name: Address: Phone: Stale License Number: Name: Address: Phone: State License Number: Bidder Authorized Signatu itle 0 City of Newport Beach 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION Contract No. 4758 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. i✓ 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 Project Name /Number Project Description A)_Pc L1 ilk 4 Approximate Construction Dates: From - Ztz /"O To: — fit <D Agency Name oo.ft p Contact Persont� Tele hone s Original Contract Amount $q az Final Contract Amount $ �� 7 If final amount is different from original, please explain (change orders, extra work, etc.) 0\�'tiP 00 --4) &s ' P:: 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. 010 No. 2 Project Name /Number ` Project Description W'9�i o PkN P:3 Approximate Construction Dates: From 42- i �To: Agency Name �-- 1 Lj 6P Contact Person -DU-5 LG Telephone (9�P-/ Original Contract Amount $KPInal Contract Amount $ q7- Z If final amount is different from original, please explain (change orders, extra work, etc.) P, Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number DkN0 -1n" Project Description P 0 Approximate Construction Dates: From (z - 01F' To: 'Ri -- Q a Agency Name Contact Person Li�ub, kfbUgc:— Telephone J4 6W-3-530 Original Contract Amount $7 Final Contract Amount $ eig0trol- 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 Project Description Approximate Construction Dates: From V ii To: Agency Name QA M 0 Contact Person JJ ILC- fin; Telephone ( ) Original Contract Amount $% 7 jQXFinal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) 11 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. 110-1 No. 5 / , ,r / 0 Project Name /Number Project Description ;l S Approximate Construction Dates: From Agency Name Contact Person Telephone ( ll' Original Contract Amount $ .i inal Contract Amount $ �C1T C7 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. A%Lip 11 No. 6 Project Name /Number V Project Description G U< &) Approximate Construction Dates: FromAC�' T Agency Name 1 Contact Person i� lc IeAL, P %24U rX ri Telephone ( Original Contract Amount $122dM:inal 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. 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. 0at.1A&/ -I, 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. Bidder Authorized Signa e[Title 12 City of Newport Beach 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION Contract No. 4758 NON - COLLUSION AFFIDAVIT State of California ) ) ss. ��,�. � County of, l—) / �` AYZ46 t 54al L , bein first duly sworn deposes and says that he orshe is © u+/t/w-ve� of e- St h, &i Cbrf/5 , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State ooff'Califfornia/tPaat the foregoing is true and correct. iZ•r:.�G�t�'�f"L(,�yU�G��-/�+� _ Bidder Authorized Signature le Subscribed and sworn to (or affirmed) before me on this ay of �/ �— , 2011 by 900HAP-b 644J— lu/ Z proved to me on the basis of satisfactory evidence to be the person who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public [SEAL] ABBA K0 -KIM COMM. # 1835737 O c NOTARY PUBLIC - CALIFORNIA fl ORANGE COUNTY 0 COMM. EXPIRES FEB. 9 2013'' 13 My Commission Expires: F4 q 3-d-, 3 r7-- City of Newport Beach 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION Bidders Contract No. 4758 DESIGNATION OF SURETIES 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): �� n — 14 City of Newport Beach 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION Contract No. 4758 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TOpp ACCOMPANY PROPOSAL Bidders Name— P2`e s' 1Az_ Oi6cT: Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2010 2009 2008 2007 2006 Total 2011 No. of contracts lao Total dollar Amount of Contracts (in ! 7�J �`' �' � � �� � 3 �C,C, 31 � Thousands of $ No. of fatalities No. of lost Workday Cases* - — No. of lost workday cases involving permanent transfer to v� �J- another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of BidderSc�Wl�z. Ldtv�T Business Address: � I1040- Business Tel. No.: 7[t1 -to J(C;Q State Contractor's License No. and Classification: %b /God Title E7U����,rT•ta�C�Z� 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 Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or if fewer than all of the partners /joint ventures submit with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners /joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [`NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of Caflfomia Countyyiof I On ' /` / Dat. personally appeared 0 ABBA KO -KIM ^ COMM. # 1835737 • NOTARY PUBLIC • CALIFORMA D ORANGE COUNTY D COMM. EMPIRES FER. 9 2013'' who proved to me on the basis of satisfa tory evidence to be the personA whose nameA Ware subscribed to U within instrument and acknowledged g me that she/they executed the same in hi er /their authorized capacity,(ies), and that by I er /their signature(l) on the instrument the person(e), or the entity upon behalf of which the personW 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 Signature: Place Notary Seal and/or $tamp Above a re ofWM1y PubSc 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: Dc}I0. —',)o I Document Date: Number of Pages: Signer(s) Other Than Named Above: Capecity(les) Claimed by Signer(s) Signers Name: )QC %) C� /_ 9(YL.�e_Signees Name: ❑ Corporate Officer — Title(s): _ ❑ Individual • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ Gar ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Cons afar ❑ Other: Signer 02008 Nallonal Notary Aesocatlon•9350 De Solo Ave..P.O.Box 2402, ChalsvrorN, CA 91313-2402•waw.NatlonalNotary.org Itema5907 Reorder Call TdFFree1.BD0OB7&6827 City of Newport Beach 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION Contract No. 4758 ACKNOWLEDGEMENT OF ADDENDA Bidders name" The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature � L 17 City of Newport Beach 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION Contract No. 4758 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: p Business Address: r' -Q ' lC Si ILA Telephone and Fax Number: 71q Qq'i -'?-& /7 /Y— & L/11-17 Z California State Contractor's License No. and Class: % /&ci -- /4 (REQUIRED AT TIME OF AWARD) Original Date Issued: L.9 Expiration Date: lq',? >I —S-z- 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 L' �d'tv /'l� ��Jve� �'�%•�i�C, � `31�UC:� - +�1i ��'Zipl�: -7 /Lj --�5�°� Corporation organized under the laws of the State of f7 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; ILAOL%lie�� Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. P 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 lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 19 Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. ZZ.3_it017- 64'677 Bidder (Print name of Owner or President of Corporation /Company) 2�. Authorized Signaturerritle Title 4-13 ° 2c d% Date On 74 bl before me, / —v ! —� Notary Public, personally appear 7Q (Cf-/�1,-' who proved to me on the basis of satisfactory evidence to be the persons) whose names) is %are subscribed to the within instrument and acknowled ed to me that he/she /they executed the same in6jls/her /their authorized capacity(ies)-, and that by h s /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 icial seal. otary Public in and for said State My Commission Expires. 20 (SEAL) ABBA KO -KIM V COMM. # 1835737 NOTARY PUBLIC . CALIFORNIA Q ORANGE COUNTY �% COMM. EXPIRES "B.9 2D13i City of Newport Beach 2010 -2011' PLAYGROUND RESILIENT SURFACE RENOVATION Contract No. 4758 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute formal 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 surely 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 Beach 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION Contract No. 4758 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this I day of I��Q, 2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City( "City ") and R.E. Schultz, dba R.E. Schultz Construction, a sole proprietor, ( "Contractor "), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION The work necessary for the completion of this contract consists of removing and disposing of existing improvements; constructing a P.C.C. base; adjusting and installing playground equipment; furnishing and installing flexible play surfaces; and other incidental items to complete the work in place required by the contract. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non- Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4758, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 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 Sixty -Two Thousand, Four Hundred Forty -Five and 00/100 Dollars ($62,445.00). 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 PO Box 1768 Newport Beach, CA 92658 Attention: Peter Tauscher (949)644-3316 R.E. Schultz, dba R.E. Schultz Construction 7432 Santiago Canyon Road Silverado, CA 92678 714 -649 -2627 714 - 649 -2627 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 Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's 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' 23 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. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. 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 Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. 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 bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 24 b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 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. 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. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 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. 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. C. 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. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 25 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 Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 26 G. RESPONSIBILITY FOR DAMAGES OR INJURY 1, 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. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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 27 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 dates written below. APPROVED AS TO FORM OFFIC T CITY ATTORNEY Date: B: Leonie Mulvihill ,ryp Assistant City Attorney ATTEST: Date �-I1 (f By: V� ` t i I. Brow City n City Clerk KI CITY OF NEWPORT BEACH A California Municipal Corporation and City and Charte Cif�Y Date: .x7973' Department Director R.E. SCHULTZ, DBA R.E. SCHULTZ CONSTRUCTION Sole Proprietor By: (Owner) Title: 0 V-� Print Name: COY AP" C ._C P1UI s-& -« premium subject to adjustment based on final contract price. Premium: $1,873 City of Newport Beach 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION Contract No. 4758 BOND NO. 711 04721 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,873.00 being at the rate of $ 30.00 / 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, dba R.E. Schultz Construction, hereinafter designated as the "Principal ", a contract for construction of 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION, Contract No. 4758 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 herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4758 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 Sixty -Two Thousand, Four Hundred Forty -Five and 00 /100 Dollars (U2, 445.80 }lawful. mone�Lof- We- ttnited Statas..of- America, said. sum.being. equal _ te- .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. 29 Bond No 71104721 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 5th day of May , 2011. R.E. Schultz, dba R.E. Schultz Construction (Principal) Western Surety Company Name of Surety 101 S Phillips Ave, Sioux Falls SD 57192 Address of Surety (800) 331 -6053 Telephone ignature Blake A Pfister, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On May 5, 2011 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s) of Signer(s) LIAid Nc ^L>(taVA�1. Commfrston d- 1767633 �;yc'3fr, Notary Public - Colifornfa = Ororge County Ny Comm. ✓P": Cap 14, 2011 who proved to me on the basis of satisfactory evidence to be the person(@ whose named) is /AW subscribed to the within instrument and acknowledged to me that he/akwilliguy executed the same in his authorized capacity(>ift), and that by his/1 signature(&) on the instrument the personqD), 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 daand official seal. /� Signature' y % �// —'4 � Place Notary Seal Above Signa re 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 Document Title or Type of Document: Bond 71104721 Document Date: Mav 5, 2011 Number of Pages: Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signet'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 Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary AS dallon • 9350 De Soto Ave., P.O. Box 2402 • ChalSwonh, CA 913132402 • w .NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1.80D. 876 -6827 Attached to Bond No 71104721 ACKNOWLEDGMENT ................................................ ............................... State of California County of See Attached ss. On See Attached before me, See Attached Notary Public, personally appeared See Attached who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her. /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. See Attached Signature (seal) - v v v v v v v v v p v,. �.. Ik, q . q. p p. v. p. p.A.p n2.i.v . v.. . . pD. p.4C6.y. ... v... v. v. o-.o- sw.p.v. v....... v.o.v p.p.p -vywo-� OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Paces in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witnesses) Capacity of Signer: _ Trustee X Power of Attorney _CECICFO /COO President Vice- President / Secretary i Treasurer Other: Other Information, 31 Thumbprint of Signer Check here if no thumtaprint or fingerprint IS avauaoie. Attached to Bond No 71104721 ACKNOWLEDGMENT ................................................ ............................... State of Califoqrnia Count)•,.( 1K N1 I G,.Q _ 1 nn On Public, proved to me on the basis of satisfactory evidence to be tl- subscribed to the within instrument and acknowledged to same in his /heVth'eir authorized eapacity(ihs), and that by instrument the person(§,, or the entity upon behalf of which instrument. Notary who e personts) whose name() is /kre ne that he /shekey executed the his /h 'britNir signatures() on the the person() acted, executed the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .....ESS lily `;and and olcial seal. V�A til� V.0 . __ % � U• Signature PHILLIP R. GUSTAVSON H COMM. #1786805 W U NOTARY PUBLIC- CALIFORNIA 0 m ORANGE COUNTY O My COMM EXPI MS danuery 21, 2012 (seal) ................................................ ............................... OPTIONA(_ INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer. _ Trustee Power of Attorney CEO /CFO /COO President / Vice- President / Secretary / Treasurer Other. Other Information 32 Thumbprint of Signer chock here it no thumbprint or fingerprint is availablc. I POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71104721 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 attoruey(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and an 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 sea] 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 iu full fame 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, Treasmer, or any Vice President or by such other officers as the Board of D rectors 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 Buy 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 15 2011 , 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. Brutlat, and its corgogskApp] to be affixed this 5th day of Mav 2011 49!' £rte s^ BT I G 99 CO WESeTR SU RE COMPANY Paul T. BrufiaUrSenior Vice President On this 5th day of May , in the year 2011 , 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 Bud acknowledged said instrument to be the voluntary act and deed of s -ds co �...G..+++.....+..«♦ ' A � D. KRELLELL •� NO N PUBLIC s • Notary Public - South Dakota 5I %SOUTH OAK= I My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do bereby 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 5th day of Mav 2011 , WE8TR SUR E COMPANY Paul T. BruflaVSemor Vice President Form F5306-9-2008 Premium included in price of performance bond. City of Newport Beach 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION Contract No. 4758 BOND NO.71104721 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, dba R.E. Schultz Construction, hereinafter designated as the "Principal," a contract for construction of 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION, Contract No. 4758 in the City of Newport Beach, in strict conformity with the plans. drawings, specifications and other Contract Documents in the office of the Pubfic 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. 4758 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 Sixty -Two Thousand, Four __. .. ..- -- kluradrecL- Forty -Five. a4;d -. 001100 - D4Aars- ($62;445 -.04- lawful money -of the Unife�- States- of America. said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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. 33 Bond No 71104721 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 Surely from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety. on the 5th day of May . 2011. R.E. Schultz, dba R.E. Schultz Consiruction ( Principai) Western Surety Company Name of Surety 101 S Phillips Ave, Sioux Falls SD 57192 Address of Surety (800) 331 -6053 Telephone Authori ed Sign r--ffitle Richard Shultz, Proprietor Authorized Agent Signature Blake A Pfister; Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On May 5, 2011 beforeme, Lianne Nahina, Notary Public Date Here insert Name and Title of the Officer personally appeared Blake A. Pfister t:Ata'te NAHI.!A fF,...�.y comnllsslon 7r 1767633 ,yc Notary Public - Co;itorrla � �<5 VnPSP c,runge County �- M {Ccrtm E�llra:�tC,imt who proved to me on the basis of satisfactory evidence to be the person( whose name# is /gW subscribed to the within instrument and acknowledged to me that he /may executed the same in his/Weal authorized capacity(Will), and that by his signature (g) on the instrument the person(0), or the entity upon behalf of which the person(9) 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 sepal. - Signatur�Gi/ Place Notary Seal Above Slgnalu erof 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 Document Title or Type of Document: Bond 71104721 Document Date: May 5, 2011 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 Cl Guardian or Conservator ❑ Other: WegstrernepSurety Compan Top of thumb here Number of Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Assoclatlon - 9350 De Solo Ave., P.O. Box 2402- Chatsworth, CA 91313.2402 - mvv.NatenalNotary.org Item 45907 Reoreen Call Toll-Free 1. 800 - 876.6827 Attached to Bond No 71104721 ACKNOWLEDGMENT ................................................ ............................... State of CalifoQrnia County ^r 'ADAIIlA� t �� On Public, Notary who proved to me on the basis of satisfactory evidence to be the personN) whose name) is / 'are subscribed to the within instrument and acknowledged to me that he /AeAhey executed the same in hislheVOeir authorized capacity(iNs), and that by his /her /tkir signatures( \) on the instrument the person(N, or the entity upon behalf of which the personj) 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. b^.'ITNIESS my hand s,-,d of ,ciai seal. V�A N� Y.O. Signature VuV` (seal) ................................................ ............................... INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _Credible Wilness(es) Capacity of Signer: _ Trustee Power of Attorney CEO /CFOICOO President I Vice- President / Secretary i Treasurer Other: Other 32 Thumbprint of Signer Q Check here if no thumbprint or fingerprink is a�ailablc. Western y POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71109721 Know All Men By These Presents, that WESTERN SURETY CONTANY, 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 attoraey(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver far 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 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 September 15 2011 , but until such time shall be irrevocable and in Full force and effect. In Witness Whereof, Western Surety Company has caused these presents to he signed by its Senior Vice President, Paul T. Bruflat, and its comprslsaeA to be affixed this 5th day of May 1 2011 WEST R SURE' COMPANY Paul T. BruflayrSemor Vice President A%�° STAi:G`&O EfA 11 TJt- • ,a1 j ss COiJN'Y9�(fAFIA J( On this 5th day of May , in the year 2011 , 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 acknowledged said instrument to be the voluntary act and deed of said corporation. D. KRELL br NODfRY PUBLIC�S� otary Public - South Dakota OUTH DAtfQetlo° J" hrwrgrrrrrrNrrrrrrrr 0 My Commission Fires November 30, 2012 I the undersigned officer of Western Surety Company, a stack corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full fame 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 5th day of May 2011 WEST R SURE COMPANY Paul T. Brufiat,4Semor Vice Presidsnt Foun MM9 -2008 CERTIFICATE OF INSURANCE CHECKLIST Cagy of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 5/9/2011 Dept. /Contact Received From: Shauna Oyler Date Completed: 5/10 /2011 Sent to: Joel By: Joel Company /Person required to have certificate: R.E. Schultz 1. GENERAL LIABILITY A. INSURANCE COMPANY: Navigators Insurance Company B. AM BEST RATING (A-: VII or greater): A: X C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes FX No D. LIMITS (Must be $1 M or greater): What is limit provided? $2,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes 0 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 O No �X 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. New Acord Wording II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Allied P &C 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 F7X No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, S2M min for Waste Haulers): What are the limits provided? 51.000.000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A 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. New Acord Wording III. WORKERS' COMPENSATION A. INSURANCE COMPANY: State f=und B. AM BEST RATING (A-: VII or greater): Not Rated C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: t' May 17.2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach Yes OX No F--] Yes FX No 0 Requires approval/exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4758 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4758 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 1. Lump Sum Mobilization @ 142R -e- _lOk'S""n Dollars and Cents Per Lump Sum 2. 150 S.F. Construct 4 -Inch Thick P.C.C. Base, 3.5 -Inch Thick Cushion Layer, and 0.5 -Inch Thick Colored Play Surface Wear Course @TLU2y171'1f�y✓2 Dollars and SZ� Cents $ 2-4 a $ X07 Per Square Foot 3. 4,200 S.F. Remove and Construct 1.5 -Inch Thick Colored Play Surface @ rztN Dollars and SP. MAU N Ue-- Cents Per Square hot PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 4. 550 S.F. Remove and Construct 2 -Inch Thick Colored Play Surface @ 1wdw, Dollars and Cents $ /Z•GzD / $ Per Squar Foot 5. 100 S.F. Construct 3.5 -Inch Thick Cushion Layer @^ma& Dollars and /l �i l7t Cents $ IJ- Per Squaf6 Foot 6- Lump Sum Install and Adjust Playground Equipment @ rfJrVTI!!Q W.0ollars and Cents $ 22SZ0 $ 2 2��� Per lump Sum Lump Sum Provide As -Built Drawings (Fixed) @ One Thousand Dollars and Zero Cents $ 1.000.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and —( — Cents j' —// Date 0 % <9-Fv�%9 27 A6/ e, WW 9 i7 Bidder's Telephone and Fax Numbers A Bidder's License No(s) and Classification(s) Bidder's email address: / Total Price (Figures) Bidder Bidder's Authorize'd Signature and Title Bidder's Address Last saved by ptauschef03 /2312011 11:21 AM f: luserslpbvAshared lconlracts1fy10- 11110 -11 playground resilient surface c- 4758\proposal- c- 4758.doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2010 -2011 PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4758 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 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 1 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 4 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 -10.3 Street Closures, Detours, Barricades 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 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 10 300 -1.5 Solid Waste Diversion 10 APPENDIX A PART 1 — General 11 PART 2 — Products 12 PART 3 — Materials 14 PART 4 — Execution 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SP 1 OF 16 2010 — 2011 PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4758 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5227 -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 (2009 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; adjusting and installing playground equipment; furnishing and installing flexible play surfaces; and other incidental items to complete the work in place required by the contract." SP2OF16 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. SP3OF16 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 15 consecutive working days after the date on the Notice to Proceed. Contractor shall work on and complete one site at a time. Construction shall not occur at more than two locations at any one time. Contractor shall obtain separate permission to start work on each location from the Engineer. If the work is progressing satisfactorily, the Engineer may allow the Contractor to work on additional work sites simultaneously. The Contractor shall ensure the availability of all 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 15t 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 4 t the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25`h (Christmas), and December 315` (New Year's Eve — half day). If January 151, July 4`h, November 11`h or December 25`h 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. SP4OF16 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 $250.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor. that $250.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 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." 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 SP5OF16 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 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 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. SP6OF16 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 100 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other SP7OF16 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 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 necessary traffic control; and all other related work as required by the Contract Documents. SP8OF16 Item No. 2 Construct 4 -Inch Thick P.C.C. Base, 3.5 -Inch Thick Cushion Layer, and 0.5 -Inch Thick Colored Play Surface Wear Course: Work under this item shall include, but not limited to, removing and disposing existing improvements and sand to accommodate improvements; compacting subbase; constructing a 4 -inch thick P.C.C. base with thickened edge and doweling, 3.5 -inch thick cushion layer; and 0.5 -inch thick colorized and patterned wear course with aliphatic binder for the playground surface per drawings; 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. 3 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 color and pattern per drawings and or existing conditions; installing alphabet, number sequence, and hopscotch per details and drawings; 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. 4 Remove and Construct 2 -Inch Thick Colored Play Surface: Work under this item shall include, but not limited to, removing and disposing the top 2- inches of the existing play surface layer; constructing a 2 -inch thick play surface consisting of 1.5 -inch of cushion layer and 0.5 -inch colorized wear course with aliphatic binder for the playground surface to match the color and pattern per drawings; 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 Construct 3.5 -Inch Thick Cushion Layer: Work under this item shall include, but not limited to, constructing 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. This item may be removed or reduced in the contract at the City's discretion and no additional compensation shall be made for bid items removed or reduction. Item No. 6 Install and Adjust Playground Equipment: Work under this item shall include, but not limited to, installing City- furnished playground equipment and adjusting playground equipment to accommodate new playground resilient surfacing and verify compliance with the Consumer Product Safety Commission's Public Playground Safety Handbook requirements. Adjustment may include raising and lowering of playground equipment, 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. SP9OF16 Item No. 7 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 TiyQi�l• ]:�rA_l�la9���tl��r�d•7�[d:7�i� 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 cushion layer shall be consist of shredded .styrene butadiene rubber (SBR) adhered with a 100 percent solids polyurethane binder. The colorized wear course shall be 0.5 -inch thick consisting of colorized Ethylene Propylene Diene Monomer (EPDM) particles 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 SP 10 OF 16 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. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: www/ newportbeachca .gov /generalservices and clicking on refuse, then selecting the link Franchised Haulers List." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. 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 11 OF 16 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 12 OF 16 • Manufacturer's details showing depths of wear course and sub -base materials, anchoring systems and edge details. • Upon request, a listing of comparable installations where products similar to those proposed for use have been installed and have been in service for a minimum period of three years. This list shall include owner, address of installation, date of installation, contact person, and phone number. • Upon request, 4 -inch by 6 -inch samples of the proposed material for this project. IPEMA certification shall be mandatory. Delivery, Storage and Handling: Materials and equipment shall be delivered and stored in accordance with the manufacturer's recommendations. Project Site Conditions: Poured in Place surfacing must be installed on a dry sub - surface, with no prospect of rain within the initial drying period, and within the recommended temperature range of the manufacturer. Installation in weather condition of extreme heat, less than 55 degrees (F), and /or high humidity may affect cure time, and the structural integrity of the final product. Immediate surrounding sites must be reasonably free of dust conditions or this could affect the final surface look. Warranty: Poured in place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and material for a limited five (5) year period. Warranty will be specific to maintenance requirements and performance standards of completed product. PART 2- PRODUCTS Safety surfacing shall consist of synthetic materials meeting the requirements of this specification. SECTION 2.01 PRODUCT SCOPE (a) Poured in Place Surface: The poured in place surface shall consist of 100 percent recycled shredded tire material mixed with a polyurethane and capped with either an EPDM granule and mixed with polyurethane. b) It shall consist of a uniform material manufactured in such a way that the top portion meets the requirements specified herein for wear surface. SP 13 OF 16 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 °A ±5 and particle size between 1 -4mm. Binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles. (f) Thickness of wear course shall be a minimum 0.5- inch. (g) The wear course shall be porous. SP 14 OF 16 SECTION 2.04 BINDER (a) No Toluene Oiphenel Isocyanate (TOI) shall be used. (b) No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals. (c) Weight of polyurethane shall be no less than 8.5 Ibs /gal and no more than 9.5 Ibs /gal. (d) Manufacturer is permitted to modify the type of urethane required to match extreme weather conditions. Substitutions must be equal to or exceed VORAMER quality and be manufactured by Dow Chemical. PART 3 - MATERIALS (a) Wear Course - EPDM Granules: Manufacturer: RTH Processing, Inc. As distributed by: Robertson Industries, Inc. - (800) 858 -0519 Location Used: Playground Area (b) Wear Course- TPV Granules: Manufacturer: Rosehill Polymers As distributed by: Robertson Industries, Inc. - (800) 858 -0519 Location Used: Playground Area (c) Cushion Layer - TotTurf Shredded SBR As distributed by: Robertson Industries, Inc. - (800) 858 -0519 Location Used: Playground Area (d) Binder - VORAMER MR 1099- extreme heat and humidity conditions Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858 -0519 Location Used: Playground Area (e) Binder - VORAMER MR 1105- normal weather conditions Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858 -0519 Location Used: Playground Area (f) Binder- Voramer MR 1108- humid conditions Rubber Surfacing For Playgrounds T— Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858 -0519 Location Used: Playground Area SP 15 OF 16 (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 SP 16 OF 16 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\Contracis \FY10- 11 \10 -11 Playground Resilient Surface C- 4758 \Specs_4758.doc