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C-4005 - Sole Source Purchase of Youth Playground Equipment at Newport Island Park and West Newport Park
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Uilani 1. Brown. MMC October 14, 2009 R.E. Shultz Construction Services P.O. Box 6 Silverado, CA 92676 Subject: Purchase of Youth Playground Equipment at Newport Island Park and West Newport Park (C4005) To Whom it May Concern: On October 14, 2008, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 23, 2008, Reference No. 2008000489328. The Surety for the contract is Western Surety Company and the bond number is 70504184. Unfortunately, my office just discovered that the Labor & Materials Payment Bond was not released at the appropriate time. I have enclosed the Labor & Materials Payment Bond and the Faithful Performance Bond, and apologize for the delay. Sincerely, ' 41 I uwI-1 Leilani 1. Brown, City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. Califomia 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us This Document • • s electronically recorded by WR Cert Mail F R� __rAd_ } �OKcial Records, Orange County RECORDING REQUESTED BY AND fom Daly, Clerk- Recorder WHEN RECORDED RETURN TO: MIU, OCT 30 I� +W111rl®nu1 NO FEE City Clerk Y-IN 2008000489328 09:41am 10/23/08 City of Newport Beach 213 9� -N12 1 i 0.00 0.00'aAQ 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard ' Newport Beach, CA 92663 "Exempt from recording lees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and R.E. Schultz Construction, of Silverado, California, as Contractor, entered into a Contract on April 22, 2008. Said Contract set forth certain improvements, as follows: Purchase of Youth Playground Equipment at Newport Island Park and West Newport Park (C -4005) Work on said Contract was completed, and was found to be acceptable on October 14 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. --�e / Executed on DL ���}- 4t y at Newport Beach, California. BY �V e iVnL City Clerk 0 • \11Fp0. October 15, 2008 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M.Ilarkless, MMC RE: 1) Coast Highway Sidewalk Morning Canyon to Seward Road (C -3965) 2) Corporation Yard Building "G" Roof Rehabilitation (C -3966) 3) West Newport & Newport Island Park Playground Equipment Replacement (C -4005) 4) McFadden Square Centennial Monument (C -3981) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Encl. 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: 1949) 644 -3039 www.city.newport- beach.ca.us OCT 14 2008 • • c -fan CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 October 14, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 -644 -3347 or parciniega @city.newport- beach.ca.us SUBJECT: West Newport and Newport Island Park Playground Equipment Replacement— Completion and Acceptance of Contract No. 4005 Recommendations: Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On April 22, 2008 the City Council authorized the award of the West Newport and Newport Island Park Playground Equipment Replacement project to R.E. Schultz Contracting. The contract provided for the replacement of the playground equipment, installation of new rubberized surfacing, at both parks and sun shade structure and landscaping at West Newport Park. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount $77,974.00 Actual amount of bid items constructed: $77,974.70 Total amount of change orders: _$11,987.30 Final contract cost: $89,962.00 W. Nwpn 8 1. Playground Equip. Relpacement. - Compleb Acceptance of Contract No 4005 October 14, 2008 Page 2 The final overall construction cost including the Change Orders was 15.37% percent over the original bid amount. The majority of the change order cost involved placing additional rubberized surfacing at Newport Island Park. This extra surfacing was required because the pole length specified for the play equipment was not deep enough to be set in sandy material. Some additional costs were also incurred to pay for an additional pole and shade panel at the West Newport Park to provide shade for the corkscrew slide. The change orders were as follows: Change Description Order 1 Stainless steel hardware, concrete, rubberized surface welds for footings, extra demo., set additional post, footingaand excavation Amount 11,987.30 Total Project Change Orders $11,987.30 All work was substantially completed by August 1, 2008 approximately 1 month beyond the scheduled completion date of July 1, 2008. Extra time was needed to make adjustments for retrofitting the equipment to be installed partially in sand and partially in rubberized surface. In addition the schedule was delayed to accommodate resident requests to halt construction during the 4'n of July week. Schedule Summary Estimated completion date per June'07 Schedule: July 1, 2008 Project award for construction: April 22, 2008 Estimated completion date at award: July 1, 2008 Actual completion date: August 1, 2008 Environmental Review: The project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines when the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Funding Availability: In addition to the primary construction contract, this project involved other project expenses for material testing. Total project expenses are summarized as follows: Construction $89,962.00 Playground/ Shade Equipment $75,435.96 Landscaping of West Newport Park $8,553.50 Total Project Cost $173,951.46 W. N .*wprt Isl. Playground Equip. Relpacement. - Corn and Acceptance of Contract No 4005 October 14, 2008 Page 3 Funds for the construction contract were expended from the following accounts: Account Description Newport Island Park - General Fund West Newport Park - General Fund West Newport Park - BET Account Number 7015- C4002001 7015- C4120931 7271- C4120931 Total Amount $29,878.30 $42,649.70 $17,434.00 $89,962.00 All work was completed by the scheduled completion date of August 21, 2008. Prepared by: Patrick Arcinieg Senior Civil En er Submitted by: Badum ubli Works Director CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. the 2nd day of April, 2008, at which time such bids shall be opened and read for WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT Title of Project Contract No. 4005 $85,000.00 Engineer's Estimate Wh G. Badum Works Director Prospective bidders may obtain one set of bid documents for $10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor General "A" License Classification required for this project For further information, call Patrick Arciniega, Project Manager at (949) 644 -3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: hfti)://www.city.newport-beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT CONTRACT NO. 4005 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PRA SPECIAL PROVISIONS ................................................................. ...........................SP -1 z 03/13/2008 06:33 13045274723 R E SCFLL.TZ PAGE 02 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT CONTRACT NO, 4005 INSTRUCTIONS TO BIDDERS The fallowing 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 BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashiers 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 dearly 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 subnftion of bid. 4. BIDDER'S BOND shall be issued by an insurance organtzation or surely (1) currently authorized by the Insurance Commissioner to transact business of Insurance in the State of California, and (2) hated 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 &Now 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 wonting 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 ems 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 03/13/2008 06:33 13045274723 R E SCHULTZ PAGE 01 substitution of fey 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 Olrector of industrial the work h to ascertained the general prevailing rate of per dlern wages In the locality in which performed for each craft, classification, or We 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 oepartment of Industrial Relations. re parties to the contract shall be governed by an provisions of the California Labor Cade retatirV to prevailing wage rates (Sections 17717 -7981 inclusive). S. The Contractor shall be responsible for Insuring compliance with provisions of Sector, 1777.6 of the Labor Code Apprenticeship requirements and Section dig0 et soy. of the Public Contracts Code, 'Subletting and Subcontracting Fair Practices Act". 10. All documents shah bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate offkw or an Wividual authorized by the corporation. For partnerships, the signatures shah be of a general partner- For We ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. -75560 14 Contractrx's License No. & Clasocation .V-1 - 5c Ji fz, 1� Of..) Bidder Authorized Signat - I - o a Date 0 0 Bond N0.70487359 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT CONTRACT NO. 4005 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of ElevenThousand ------------- ----------------- Dollars ($11 , 000.00 - -- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT, Contract No. 4005 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this _ 2nd day of April , 2008. R E Schultz Construction Services Name of Contractor (Principal) Western Surety Company Name of Surety 101 S Phillips Sioux Falls SD 57192 Address of Surety 800- 331 -6053 Telephone Authorized Signaturerritie — _ Authorized ent ipnature Blake Allen Pfister, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT State of California }ss County of _oranT_ } On 4 -1 -8 before me, Lianne Nahina, Notary Public Notary Public, personally appeared Blake A Pfister who proved to me on the basis of satisfactory evidence to be the person whose name* is /see subscribed to the within instrument and acknowledged to me that helshelt4ay executed the same in his /herkAeir autnorized capacity(4&), and that by his /he44*eir s gnatureA on the instrument the person(4, or the entity upon behalf of which the oerson(A acted, executed the instrument, 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, I. — N- - - - Commission i 1767633 IL Notary Public - COtltofnic Ofonge County *Ccmn.bpWSePK7011 inature of Notary OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Bid Bond 70487359 Date: April 2, 2008 T Number of Pages: 1 Signer(s) Other than Named Above: None Capacity(ies) Claimed by Signer Signer's Name: • Individual • Corporate Officer — Title o Partner o Limited o General cK Attorney in Fact o Trustee u Guardian, or Conservator o Other: Signer is Representing: Western Surety Company I� u • Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70487359 Know All Men By These Presents, that WEMRN 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 ALLEN PFISTER its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, aclmowledge 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 ff 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 cr 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 primed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of July 2 , 2008 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its to be affixed this 2nd day of April 2008 . �b >�°�F►: WEST R SUREX4 COMPANY ' E!r? �4C r'c Paul T. Brufla enior Vice President `[ ST 4 Co 1A ss On this 2nd day of April , in the year 2008 , 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 dedee(/dd of said corporation. + 0. KRELL ; 1i N(7fOLA�/ ptIBLIC /t: votary Public - South Dakota 80UIN l7AKOq +• MYVN1M�r�vtiy�yy�MY�Nr 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 bereunto set my hand and seal of Western Surety Company this 2nd day of April 2006 WEST R SURE Y COMPANY Paul T. BruffaVSenior Vice President Form F5306- 1}2006 Best's Rating Center - Compa y Information for Western Surety Company c w Ratings' Financial Strength Issuer credit Sesaddes Advanced search Ratings Defnftions k Search Best`s Ratirrgs Press Releases Related Products linclustry & ROljpnal Country Rts11 Structured Finance How tO 6et Rtllt l Comad an A &yst Western Surety Company Page 1 of 1 ahsr Woo callers IFF t. .M ar cNAlrsur0n<e Coaiwrrosl rnu.aung,a aas,�m w �omp.rsm Nn v.2 A.N..�tN: nxi NAIC t: 13120 FEIN #: K43o4eoo eWCk T.v .1 Now 1.11 stock Enlarge NYSE sun IF mco 'n9 oNorl.ona la mdrynoiEers Address: P.O. 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U.S.A. est. com /rati ngs /Fu 11 Profile. asp ?B I =0&AMB N u m= 974&AltSrc =1... 04/03/2008 03/13/2008 06:29 13045274723 au R E SCHULTZ PACE 04 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT CONTRACT NO. 4005 DESIGNATION OF SUBCONTRACTOR {g) 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 subcorardcW is not Wed, the Contractor reprewts that helshe 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 SmMoations for Public Works Construction, as applicable. Pursuant to Public Contragj Code Section 22300 appropriate securities may be substituted far 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 fomnu}ating 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 ald lw Description of Work % Of Number Total lid Nerve -�,� 3%rtk -P+ GuN P4ST%A\ t�aJ�bbeK Address: Z32-S N • BA +(t3cA % S%)9- k,%ce... 35%v D Lfty a^ °1lwos- Phone: r7lc{- 4Z0-3gg0 State License Number: 771//195— Name: ►NG. (t�pW- .!..k—GA ,AS Aftew /9;7,S Lb O'"Y fin, CA 9Z Phone: 7W- ti W- AP-V? State Wense Number: Name: Address: Phone: StWo t.icerse Number a r 03/13/2008 06:29 13045274723 R E SCHILTZ PAGE 03 i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT CONTRACT NO. 4005 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor_ must use this formlll Please print or type. 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 0 G Vkf%ZCriV 00h, � I kI01(ZWA11� Project Description flew R bv- Approximate Construction Dates: From { a To. Agency Name Contact Person JPMC'_-:, i2i. oyac Telephone ( ) Original Contract Amount $ 33b,26' Final Contract Amount $ it If final amoyrnt 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. /Uoxlc 03/13/2008 06:29 13045274723 R E SCHULTZ PAGE 02 No.2 Project Name/Number a1A J f)A-N ©129 S E1M Sc 4ttx�L f\1CRQ� Project Description �C Pga AffC.iQ F7/7_�EJ�?ttkJ S i1S A+2cl4Nr1 Approximate Construction Dates: From tit Q To: I I IM /0? Agency Name R42,zis aem.. 5r-60ou N S't-t L Contact Person Will WI Ire,/ hM3 Telephone 6di) �"7771- OS68 Original Contract Amount $z Final Contract Amount $_, Z7 �. If final Amount is different from original, please explain (change orders, extra work, etc.) IVIA 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. /VoNC Prue t Name/Number P�Z.. o� E /i±v 51}{}O 5jti.(jt�llg� Project Description NMIQ S-M' C'ya; -IPloti r Approximate Construction Oates: From q'% Q To: Agency Name t'I AL e iii fir l �D 48 1,1 N(} F1 5JA001, 61�; j Cl Contact Person . In °_ 9A uss, r Telephone (106 _N !LO-7 Original Contract Amount $L,Final Contrast Amount If final amount is different from original, please explain (change orders, extra work, etc.) AJ/Pk 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_ Nt7fiv-'� EJ 03/13/2008 06:29 13045274723 R E SC1-ULTZ PAGE 01 0 Project Name/Number Mp l*1 ykAl * Ciet)ke-Q. �A i�2 A I � t!UU RT Project Description QeOND 01 .4) C�QU& ', &4A%L WA3 4 IWJ MA 11 k5A9;NQP, Approximate Construction Dates: From - (P 10-7_ -To: 12, /xz Agency Name Contact Person ANT0ili1(� �' ENij ° gkelephone (714 S16? -78(03 Original Contract Amount $ a29 Final Contract Amount $ I . If final amount is different from orders, extra woric, 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. NJ OVE HQLI Project Name/Number S-MtZ4n WOAV - Project Description /a- ab /1 -'06' Approximate Constriction Dates' From 1.h 7 To: 3.--0(5 Agency Name W ���. �?tSTR.►t;.r Contact Person %Z Telepl �(��t2- g7.W COA Original Contract AffAt$13VV Final Contract Amount $ L3A Q9G If final amount is different from original, please orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any daims against youlContractor? if yes, briefly explain and Indicate outcome of claims. Ca t)ow � 03/13/2008 06:21 13045274723 0 R E SCHULTZ l J s Project Name/Number W t }t i "e' (Aynw -u "?, Project Description IN� s3g{1 517 tau FT. 9" C!Ipp W*s`x.L A& Approximate Construction Dates: From - 5 -Q$ To:- 3p-Q+, Agency Name i -t' QLAN G _ _(tutvR1 W#A-09. Dkt ; l LT Contact Person &U _QQ-t)( lN Telephone (7* 53 a —S-15t,&T- Original Contract Amount $201-4inal 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 claim. Noi 5 Attach additional sheets if necessary. Attach to this Bird the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder Authorized Signatur e 4 A 03/12/2008 15:47 1304523 R E SCHULTZ , PAGE 01 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT CONTRACT NO. 4005 NON40LLUSION AFF[DAVIT State of Califomia ) County of j as. Rx �5�na�fL bein fnrsld ly d es and says that he coals is [7W ealp of�•G U /iZ (__a�hfS7`. , 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 share; that party making the foregokng 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 direcdy 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 owfte ence with anyone to fa 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 conIracl; that all statements contained in the bid are true; and, Wher. that the bidder has not directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of CalUbmia that We foregoing Is true and correct. R6 .lwa%z '�ncstcaixtl 2-tAF. cxv�/e,e Bidder Authorized Signaturerrifle Subscribed and sworn to (or affirmed) before me on thtsLi6w of -12008 be by L� l d " te-- 'l L�L� proved to me on the basis of satisfactory evidence to be the rsan(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. _., Demm" J. ROmem It Notary Public It commWom 11770M 9 Notary mft - colft"" ! cra counfir I My Commission Fires: xa.zott [SEAL] 11 03/13/2008 06 :21 13045274723 R E SCHULTZ PAGE 03 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT CONTACT NO. 4005 DESIGNATION OF SURETIE Bidders name Q - G' Sr.ylu It-L. 6*s- e-Aac t t ) Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder Intends to procure insurance and bonds (list by insurancelbond type): a • ► t 1 ' ♦ ) 40 0 17 - 03/131200$ 06:21 13045274723 ''R E SCHULTZ PAGE 02 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT CONTRACT NO, 4006 • r r •r•r Bidders Name WNS'ClA1L`ClQQ 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. Current Record Record Record Record Record Year of for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts / $ 2D D /O b Total dollar Amauntof �0 76o y80 3so 3Do zclo Zf2.to Contracts (in Thousands of a No. of fatalities �. -� -� 49. -+ - No. of W Workday cases No. of lost workday cases involving o transfer to another job or terrNnation of LnVloyrnent 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. 03/13/2008 06:21 13045274723 R E SCHULTZ PAGE 01 Legal Business Name of Bidder t -E.SJAm Vtz. ny4cbdyo Sewice,S Business Address: ,a.g (t, aJUgAAcz etr 14`10 Business Tel. No.: -7/N- &LM- U7,1 State Contractors License No. and Classification: 75SIlaQ f} Title 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 Tide If bidder is an individual, name and signature of individual must be provided, and, If he is doing business under a fictitious name, the fictitious name must be set forth, if bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partnersfjoint ventures if submitted with evidence of authority to act on behalf of the partnershiprJoint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. iw 0 . 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND ID IPMENT CONTRACT NO. 4005 • a41 14 � Bidders name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: V o Aj 15 03/13/2008 06:16 13045274723 R E SCIALLTZ PAGE 05 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT CONTRACT NO, 4005 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: t{�� Name of individual Contractor, Company or Corporation: P"C.SC6L �►^e,.. Qc Business Address P- D A" b `J, lue%t.. 4C) G-4 'I-116716 Telephone and Fax Number: 7ly`67N4- OZ 21'7 7/4 to 2z" Us California State Contractor's License No. and Class: `756 !!00 (REQUIRED AT TIME OF AWARD) Original Date Issued: /0-IS 9f3 Expiration Date: /0-31-68 List the name and tidelposition of the per son(&) who inspected for your firm the site of the work proposed in these contract documents: EUSA$ro SNclAx*yhL'3 -- Frw-n#4%,3 The following are the names, titles, addresses, and phone numbers of all individuals, firn members, partners, joint ventures, and company or corporate officers having a principal interest In this proposal: Name Tide Address Telephone QxLk%a -o, asi ku 6 oumw a— P•o -eax lm 71,1 - 3—{/%. q Corporation organized under the laws of the State of > JIA 03/13/2008 06:16 13045273 R E SCHULTZ • PAGE 04 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: M 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; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. 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 la compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No Are any claims or actions unresolved or outstanding? Yes No 03/12/2008 15:47 1304523 R E SCHLLTZ . PAGE 02 If yes to any of the above, explain. (Attach additional sheets, if necessary) 311.1 Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non- responsive. R&fV?_3 % - Sjtu th (Print name of Owner or President of Corporation /Company) Bidder Authorized Sign-aTurerrKe oar'1_/1d =r2 Title Z/-/-08 Date On c�+ di before me, Notary Public, Personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within Instrument and acknowledged to me that he /sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. GrK �1711"Mi J SOMMM Cmnnwuo, 11770M IF (SEAL) I � xanft Notary Public in a r said State offlr4e a�11 *Commission Expires: q�� Is 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT CONTRACT NO. 4005 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT CONTRACT NO. 4005 CONTRACT THIS AGREEMENT, entered into thisow—day of Jt , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and R.E. chultz Construction, a sole ownership, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CONTRACT NO. 4005 WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT Project Description, "The work necessary for the completion of this contract consists of removing and disposing of existing playground equipment and rubberized surfacing and replacing with new City provided playground equipment along with the installation of a new City provided shade canopy structure and installing new rubberized poured -in -place safety surfacing, removal of existing sand and replacing with clean City provided sand, minor demolition of existing curb and hardscape walkway and replacing with new pcc curb and minor items as required to complete the job." 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, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4005, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, 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: 41 0 0 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. 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 Seventy-Seven Thousand, Nine Hundred Seventy -Four and 001100 Dollars ($77,974.00). 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. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Patrick Arciniega (949) 644 -3347 R.E. Schultz Construction P.O. Box 6 Silverado, CA 92676 (714) 649 -2627 (714) 649 -9223 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. 21 Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scoae of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence' form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number'CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be. no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 • • amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by R. 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. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CLERK APPROVED AS TO FORM: Ao.., c - H c-�.— — AARON C. HARP Assistant City Attorney 25 R.E. SCHULTZ CONSTRUCTION By: RIJ� (Corporate fficer) Title: OL)J W r[.2 Print Name: kic V01.1 6 E. %1%1 z M (Financial Officer) Title: Print Name: Bond No. 70504184 CITY OF NEWPORT BEACH Premium included in PUBLIC WORKS DEPARTMENT performance bond A WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT CONTRACT NO. 4005 BOND NO. 70504184 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to R.E. Schultz Construction, hereinafter designated as the "Principal," a contract for construction of WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT, Contract No. 4005 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4005 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 Seventy -Seven Thousand, Nine Hundred Seventy -Four and 001100 Dollars ($77,974.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and . paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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. 26 • Bond No. 70504184 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 acdardance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it, does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 29th dayof April '12008. R.E. Schultz Construction rincipal) Authorized i na ure1Title Western Surety Company ,7C Name of Surety Authorized Agent Signature 101 S Phillips Sioux Falls SD 57192 Blake Blake AlleRtfornevr. fact Address of Surety Print Name and Title 800 -331 -6053 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 State of California County of Orange ACKNOWLEDGMENT }s5. } 0 On _ April 29, 2008 , before me, Lianne Nahina, Notary Public Notary Public, personally appeared Blake A Af inter , who proved to me on the basis of satisfactory evidence to be the person whose name() is /are subscribed to the within instrument and acknowledged to me that he /s4@A*ep executed the same in his /he Alieir authorized capacity(is s), and that by his /he4#tetr signature(e) on the instrument the person(e), or the entity upon behalf of which the person(ol 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. tic 'Signature of Notary OPTIONAL INFORMATION Description of Attached Document UANNE NAHINA Commission k 176763 Notary Public - California Orange Counfy WOOff r DOWSep14,2011 + Title or Type of Document: Labor & Material Payment Bond 70504184 Date: April 29, 2008 Number of Pages: 2 Signer(s) Other than Named Above: None Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer — Title: o Partner o Limited o General e' Attorney in Fact o Trustee o Guardian or Conservator o Other: western Surety company Signer is Representing: . WesLern Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70504184 know All Man 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 time presents make, constitute and appoint BLAKE ALLEN PFISTER its true and lawful attorney(s )-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Richard E. Schultz dba R.E. Schultz Construction Services Obligee: Pity of Newport Beach Amount! $500,000.00 and to hind 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(e }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 Vim 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 ether 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 1 2008 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its corMWwk4VAto be affixed this 29th day of Apr'i 1 , 2008 WEST R SURE COMPANY ? — Paul T. BruSat^emor Vice President ST%f COUN� . A BE On this 29th day of Apr i 1 , in the year 2008 , 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 sa'd corporatfoa. 'Nrrr1). KR rr rrrNrrrrr tt D. ELL i �� \yt ✓JLYa 1/�_( NOTARY PUBLIC SOUTH DAKOTA Notary Public - South Dakota i +rrrrrrrrarrrrrrrrrrr ► r♦ My Commission Fires 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 2 9th day April 2008 WEST R SURE Y COMPANY N Paul T. Brufia enior Vice President Form F6306 - 9-2006 and No. 70504184 Premium: $2,339 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 4 WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT CONTRACT NO. 4005 BOND NO. 705041a4 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $2, 339 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 Construction, hereinafter designated as the "Principal ", a contract for construction of WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT, Contract No. 4005 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. 4005 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 Seventy -Seven Thousand, Nine Hundred Seventy -Four and 001100 Dollars ($77,974,00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 . Bond No 70504184 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.,.; S 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 Suretyabove named, on the 29th dayof April 2008. R.E. Schultz Construction (Principal) Authorized Sig i Western Surety Company Name of Surety 101 S Phillips Avenue Sioux Falls SD 57192 Address of Surety 800 - 331 -6053 Telephone Authorized. Agent Signature Blake Allen Pfister, Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 State of California County of Orange 0 0 ACKNOWLEDGMENT }se. } On April 29, 2008 , before me, Lianne Nahina, Notary Public Notary Public, personally appeared Blake A Pfister who proved to me on the basis of satisfactory evidence to be the person whose nameA is /arc subscribed to the within instrument and acknowledged to me that he /s.{� executed the same in his /herAhe'p authorized capacity(iee), and that by his ft� signature(e) on the instrument the person(e), or the entity upon behalf of which the personos 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, gnature of Notary LANNE NAHINA Commhslon N 17676J3 -� Notary Public - CallfomIC Orange County K%- CorrmeowSep1 ,2011 OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Date: April 29, 2008 Performance Bond 70504184 Number of Pages: 2 Signer(s) Other than Named Above: None Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer — Title: o Partner o Limited o General .W Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: Western Surety Company 0 11 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70504184 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 ALLEN 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: $500,000.00 and to bind the Company thereby as £oily and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact wary do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of September 1 2008 , but until such time shall be irrevocable and in fall forme and effect. In Witness Whereof, Western Surety Company has caused these presents to he signed by its Senior Vice President, Paul T. Bruflat, and its corM ltobeati$xedthis, 29th day of April , 2008 WEST R/ SURE COMPANY Paul T. Brufla error Vice President ST + A CO is On this 29th day of Apr i 1 , in the year 2008 , before me, a notary public, personally appeared Paul T. Brullat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney ae the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dead of said corporation. ;w.rrr.Nrr.M.yµrMMYM r D. KRELL�� NolattY PUBLIC i r 8DUIH DAKOTA Notary Public - South Dakota r 4rrrrrrrrrrrrrrrrrrrrrrr� 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 band and seal of Western Surety Company this 2 9th d o£ April 2008 WEST R SURE COMPANY /. Paul T. Brufia enior Vice President Form FMOS- 9-20DO rIL rl ACORU CERTIFICATE OF LIABILITY INSURANCE OF ID ME RESCH -1 OS 13 08 PRODUCER Barlocker Ill. Svs. - W. H. License #0580438 21051 Warner Center, Ste. 120 Woodland Hills CA 91367 Phone: 818 -593 -7001 Fax: 818- 593 -7007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC C INSURED R E Schultz P.O. Box 6 Silverado CA 92676 INSURER Nayipaeors Spepial Ly ine ep {___ _ INSURERS Allied Insurance Co. I 42579 INSURER C: INSUaERD N SURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO NMIICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE W SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RISK LTR D NB TYPE OF INSURANCE POLICY NUMBER DATE MM1D DA MMmOM' LIMITS REPRESENTATIVES. Au ED P E GENERAL LIABILITY EACHOCCURRENCE IS I, 000 D00 A X COMMERCIAL GENERAL LIABILITY SF07CGLOO8220 -00 05/10/08 05/10/09 PREMISES IEapmrerce 550,000 CLAIMSMADE 7X OCCUR MED E%P LMT ale p,~) 1$5,000 X Ded: $2,500 PERSONAL S ADV INJURY 1s2,000,000 GENERAL AGGREGATE $1,000,000 GENT.AGGREGATE LIMIT APPLIES PER PRODUCTS• COMPIOP AGO $1,000,000 X POLICY JE 7 p LOC 1 B 1 AUTOMOBILE X LIAMUTY My AUTO ACP7803404800 05/01/D8 05/01/09 COMBINED SINGLE LIMIT IE, aaadalvl $1,000,000 BODILY INMRY IPN peICFA) 5 ALL OWNED AUTOS SCHEDLUDAUTOS X BODILY INJURY IPa em+eapl f HIREDAUTOS NON -OWNED AUTO$ X X PROPERTY DAMAGE (Pe, ai e tj s Comp Ded - $1,000 X Coll Dad - $1,000 GARAGEUABILITY AUTOONLY•EAACCIDENT S OTHER THAN EA ACC S 1 ANY AUTO S AUTO ONLY AEG EXCESSAJMBRELLA LIABILITY EACH OCCURRENCE 5 OCCUR CLAIMS MADE AGGREGATE Is S 5 DEDUCTIBLE RETENTION S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERE%ECUTNE I ' TORY LMRTS ER i E.L EACH ACCIDENT f EL DISEASE -EA EMPLO 5 OFFICERAMEMBER EXCLUDED' tlyee �w ueMer I SICULPROVISIONSWe EL DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Newport Beach, its officers, agents, officials, employees and volunteers shall be an additional insured as respects General Liability. per Addl Insured End #ANF -ES 160 (5/2006) attached. PrimaryNon- Contributory and Waiver of Subrogation shall apply. *10 day notice of cancellation in the event of non payment of premium. Proj: West Newport S Newport Island Park CERTIFICATE HOLDER CANCELLATION CITYNPO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WALL ENDEAVOR TO MAIL 30* DAYSwRrrmN CITY OF NEWPORT BEACH NOnCE TO THE CERTRFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO GO S° SHALL BUILDING DEPARTMENT Shaung Oyler IMPOSE NO OBUWTION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 3300 NEWPORT BLVD REPRESENTATIVES. Au ED P E NEWPORT BEACH CA 92663 ACORD 25 (2001108) ® ACORD CORPORATION 1988 0 0 Policy No: SF07CGL008220 -00 EFF: 05/10108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 2010 1185 SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of hour work" for that Insured by or for youcity of Newport Beach, its officers; agents, officials, employees and volunteer 3300 Newport Blvd., Newport Beach, CA 92663 Project: West Newport & Newport Island Park The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any Insurance or self- insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/ employees. A. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy (other than apartments). The words "you" and 'your refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf, and materials, parts or equipment furnished in connection with such work or operations. PNF ES AGO (51200) v 06 cagy 0 0 Policy No: ACP 7803404800 EFF: 05/01/08 CA 20 48 (02 -99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): City of Newport Beach, its officers, agents, officials, employees and volunteers 3300 Newport Blvd., Newport Beach, CA 92663 Project: West Newport & Newport Island Park (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Copyright, Insurance Services Office, Inc., 1998 CA 20 48 (02.99) MAY. Mil,'Om I;Ilrm STAT,�COMPENSATION • NO. 369 P. 2 POUCYHOMER COPY STATE FO. BOX 420807, SAN FRANCISCO,CA 94142 -0807 00U th INGURANCE F U N D CERTIRCATE OF WORKERS' COMPEWATION WSMNCE ISSUE DATE: 0)1- 18 -20D9 CITY OF NEWPORT BEACH ap ATFN: DUILOtMQ D[FARTMMNT 8990 NEWPORT BLVD MEIMORT BEACH CA Oxm -38tH t3R9UPe POLICY NUMBER; 1618198 -,"m CMTIFICATL & 28 CWTIFICATE E%PIRE5:01- 01 -20at9 01 -01- 2008/01 -01 -SOUS THIS C[RTIFICATE SUPIAMES AN7;OkncrS 9ERTIPIaATE F 25 DATED 04 -07-2008 &10[:WEST MXWPORT A NEWPORT ISLAND PARK PLAYGROUND ROUIPMRNT -rhea is m certify that wq nnd issued a valid Workers' UCAVensadon'MureMs Panay In a faun approved MY the GaBfernla O'lwMa* Cemmissioner to the emPlayer named below for the Policy Period artACatM T11is Policy is not Subject to awmellaM9n by the I'" except upon 90 days **Mice wrlaen n011o8 to Vre e"wyer. We wpi ais9 give You 00 dAW B&mce nodes should thin polioY be canwrUed prior to hs nommi "rade0, 6Ttds cerdtl9at0 of kulmance is not an itsurmm, Policy and does not anvm<t extwtd or aftf the gov"e aftorlw y the Po4CY OMted hw9hi Notwltbatandb1Q Wily r89oire"ftt term Or COtW(ltion of any etvnract or Ot'mr doo mant C� eat m "Nah lies CerUfl9MM of inz mwva may be issued or to vvttloh it may pwUk the insurance by 'be Policy deaardted herein is subject to 811 the terms, eexGlusians, laid cawt=m of guph popsy. IZF.D AEPAE$SNTAT CC..TT FRE31P6MT UrLLtVS INDICATED OTHERWISC BY EMOMMIDENT COVERARL tRIDER THIS POLICY E1FC1,00ES THE FOLLQWINO_ TFMSE NAMED IN THE Dt>LIr.Y bEGt aRATIONS ASEAN INDIVIDUAL EMPLOYER UR A HUSBAND AND WIPE ZWLQYER; ENPLDYE[S COVERED OX A GONPREHENSIVB PERSONAL LIABILITY INivL M= POLICY ALSO AFFORbINO tALIFOOaNFA WORKERS' CONP[ILSATION $EMBFIT$t EMPLOYEES MLUDED UNDER CALIFORNIA WORKERS' OONPETiiATION LIBI_ 6KP1 -MK'3 L ;ABILITY LIMIT INCLIIDING DEFENSE COST$, S1.DW.000 PER OCCURRENCte INDO SEf W 02JMb ENTITLED CERTIFICATE HOLDERS, NOTICE EFFECTIVR 01-01 -2008 IS ATTAPiED TO AND FOND A PART OF THIS POLICY. ENDDRSE11MM 82570 INTITUtb WAIVER OF $UBRDOATIOR EFFECTIVE 3008- ef3 -19 IS ATTACHM TO APO FORMS A PART OF THIS PQLICY. THIRD PARTY NAM[: -�� QZTY OF KUPORT BEACH SCIM72, RICHARD AND SCWKTZ. SNAN M M PO BOX B SILVERADO CA 821178 SP PACs.CNj amv.z -au iPRINr[b = 7$-18 -Zoo: SP Fax #: E E CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: May 13, 2008 Dept. /Contact Received From: Shauna Oyler Date Completed: May 13, 2008 Sent to: Shauna Oyler By: Tara Hemmingsen Company /Person required to have certificate: GENERAL LIABILITY R E Schultz A. INSURANCE COMPANY: Navigators Specialty Ins. Co. B. AM BEST RATING (A: VII or greater): A:X C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $2 Mil agg / $1 Mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must ® Yes ❑ No include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The ® Yes ❑ No City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be ® Yes ❑ No included): Is it included? H. CAUTION! (Confirm that loss or liability of the named ❑ Yes ® No insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? 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. It. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Allied Insurance Company B. AM BEST RATING (A: VII or greater) A +: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): $1 Mil What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its ® Yes ❑ No officers, officials, employees and volunteers): Is it included? F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. C, III. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A: VII or greater): Not Rated C C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? [mom— on IF NO, WHICH ITEMS NEED TO BE COMPLETED? Work Comp: M ssing, Waiver of Subrogation 03/1312008 06:16 13045274723 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CONTRACT NO, 4QQ5 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No: 4005 in accordance with the Plans and Special Provisions, and will take in full payment therefore the foilowing unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum MobiR$ation � 5���'►� lei �'�ars and Cents Per Lump Sum 2. Lump Sum Clearing and Grubbing Misc. Work 10 6FrEb7 P"AGe oflars and Cents Per Lump Sum 3, 65 L.F. Construct PCC Curb Std 182•L Type B 7EC G?GHT Dollars and Cents Per Lineal Foot $ 2z� $ /S-00,- $ -M-Af' 03/13/2088 06:16 13045274723 R E SCHULTZ PAGE 02 PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS ERICE PRICE 4. Lump Sum Remove and Dispose of Existing Play Equipment (� 1ftA9.TAWSNA Dollars and Cents $ 39W.– $ Per Lump Sum 5, Lump Sum Installation of City. Supplied New Playground Equipment 5eu-� YF4a�lars and Per Lump Sum Cents $ K1-0006— $ 6. Lump Sum Installation of City Supplied New Shade Canopy Structure 00txt4= Pars and Cents $ 1 . $ 10"60(), Per Lump Sum 7. 2600 S. F. Installation of Poured-In-Place Surfacing G —H4 ta-e W3 Dollars and �.l io W. Cents $ 14.7R $ 3711 SW.- Per S,F. 8. Lump Sum Remove Existing Sand and Replace With City Provided Clean Sand & haLftf 1615"Doliars and /r] /��y+, Cents $ 4 J.' $ �C low, - Per Lump Sum g- Lump Sum Relocate Existlng park Bench MV &Af9,L Dollars and -----== _Cents $ $ _ _ Z 09 Per Lumn Sum 03/13/2008 06.16 13045273 T_ R E SCRLL.TZ PAGE 01 PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICCWRITTEN IN WORDS PRIG PRICE 10_ Lump Sum As- Bullts @ flat) Amp& rIN Dollars and Cents $ ?�_ $ Z-sO • — Pet Lump Sum TOTAL PRICE IN WRITTEN WORDS and '- Cents N-1 D S Date $ 7t 4 7�/. -- Total Price (Figures) Bidder .�c� ow�[.ii+A Bidders Telephone and Fax Numbers Bidder's Authorized nature and Title X55 / — _ rA Bidders License No(s). and Classification(s) Bidder's email address: RD,q of 10 Cf, Bidders Address C- Last sevod by wodto03f FAW 2:08 pM "Sets TAwAY3 PARK RKVRGFTAT10N.doC Check A License: Contracto ' License Detail . Page 1 of 2 Skip to: CSLB Home I Content i Footer I Accessibility 15ea7ar Department of Consumer Affairs m% r!'r/1�fiii 0*G10V Contractors State Ligq e'�oard III !;� .t.(;ttt` 1 =i }dk��1l�! �Itt4ditilfl9111ti1 Illl.k.tt:dtifil ttClt Yr�l11I� d00rKY1� Lr�MwEBRtt 8@fERALBdFO CSLB Newsroom Board and Committee DISCLAIMER: A license status check provides information taken from the Meetings CSLB license database. Before relying on this information, you should be awa Disaster Information the following limitations. Center • Filing a Construction • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pt CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link a Frequently Asked to obtain complaint and /or legal action information. Questions • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are dis Online Services • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr • Check A License or HIS • Due to workload, there may be relevant information that has not yet been entered onto it Registration Board's license database. • Filing a Construction Complaint • Processing Times License Number: 755160 Extract Date: 04103/2( • Check Application Status Business R E SCHULTZ • Search for a Surety Bond Information: P O BOX 6 Insurance Company SILVERADO, CA 92676 • Search for a Workers' Business Phone Number: (714) 649 -2627 Compensation Company . ................ Entity: ....... ... ...... .. .. ......... Sole Ownership ..... ..... ..... ... .. How to Participate Issue Date: 10/13/1998 Expire Date: 10/31/2008 License Status: This license is current and active. All information below should b- ... .. reviewed. .. .. .... .. ....... Classifications: CLASS DESCRIPTION IERING CONTRACTOR A GENERAL ENGNE Bonding: CONTRACTOR'S BOND This license filed Contractors Bond number 8001743 in the amoul $12,500 with the banding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2007 Contractor's Bonding History Workers' This license is exempt from having workers compensation insurano Compensation: they certified that they have no employees at this time. Effective Date: 05/29/2001 Expire Date: None Workers' Compensation History http: / /Www2.cslb.ca. gov /G eneral -I nformatio n /inte ractive- tools /check -a- license /Li... 04/03/2008 Contractor License Personnel-List . Page 1 of 1 Skip to: CSLB Home I Content I Footer I Accessibility and Department of Consumer Affairs soft 00w, V Contractors State Lion'se oard 1'I �kEf jov lull • .... IIl11b111111111 1 RR1III1 w1m 114u.litlla Lilt. kWT• 1111b XI 61RM9t k"Kf J 11►11 I "1IIII(!IIII CSLB Newsroom Board and Committee Meetings Disaster Information Center CSLB Library Frequently Asked Questions Online Services • Check A License or HIS Registration • Filing a Construction Complaint • Processing Times • Check Application Status • Search for a Surety Bond Insurance Company • Search for a Workers' Compensation Company How to Participate << Return to License Detail Contractor License #: 755160 Click on the person's name to see a more detailed page of information on that person NAME RICHARD. EARL SCHULTZ TITLE ASSOCIATION DISASSOCIATION CLASS DATE DATE SOLE OWNER 10/13/1998 A Consumers I Contractors I Applicants I Journeymen I Public Works I Building Officials I General Info CSLB Home I Conditions of Use I Privacy I Contact CSLB Copyright O 2007 State of California http: / /www2. csl b. ca.gov /General -I nformation /i nteractive- tools /check -a- license /P... 04/03/2008 Contractor License #: 755160 Name: RICHARD EARL SCHULTZ Title and Class History SOLE A GENERAL 10/13/1998 OWNER ENGINEERING CONTRACTOR SOLE HIC HOME 09/24/1999 0110112004 "• OWNER IMPROVEMENT CERTIFICATION k V' Print I »dosekndowll +A \Y M t w R 1 ■ aA M • t 1 w' i 10 tet j�c] Microsoft.. @d Docume... Inbox - ...: $ Per... 2 Ittte...- y . V2 ._ . Favorites Tools mHelp Search Favorites e http: / /kepler.ss.ca cA -.,.i .-.. r...... her" y. . a r .,f.'.. L. ot , © Go, Links Y tj x fit] Internet r - -`— -��� �PEIZ.1117:5'P %LlS 1'�3� -Rli r " "'.20P4- Ao<d.r. Int..W Rights Rrsmrd . _.__.._.___._..._..____._...._. __..____- ._.— __._.____. ___._ .....................__. ..._._— ------ ............. _ ...... Licensee: NEWPORT BEACH, CA - CITY Serial Number: 6060 Users: 032. Version'v 5.3.3 Inbox - ..: 2 Per... Californ... V? 10:39 AN ]Microsoft,.. J�Docume,., j '� — a,.,n.naa., The information displayed here is current as of "Mar 28, 2008" and is updated weekly. It is not a complete or certified record of the Limited Partnership or Limited Liability Company. Trust) _.. so Certificates -- If you are unable to locate a record, you may request a more extensive search by Copies ordering a status report. Fees and instructions for ordering a status report are Status Reports included on the Business Entities Records Order Form. Certificates and/or LEFAOt rGEROS certified copies can also be requested using the order form. No results matched the search term " 1P "RICHARD E SCHULTZ' a • : t Need help with your search? Y tj x fit] Internet r - -`— -��� �PEIZ.1117:5'P %LlS 1'�3� -Rli r " "'.20P4- Ao<d.r. Int..W Rights Rrsmrd . _.__.._.___._..._..____._...._. __..____- ._.— __._.____. ___._ .....................__. ..._._— ------ ............. _ ...... Licensee: NEWPORT BEACH, CA - CITY Serial Number: 6060 Users: 032. Version'v 5.3.3 Inbox - ..: 2 Per... Californ... V? 10:39 AN ]Microsoft,.. J�Docume,., j '� — CIT6OF NEWPORT BETH a �5 z R E SCMMTZ CONSTRUCTION PO BOX 6 SILVERADO, CA 92676 INSTRUCTIONS AND CONDITIONS ACCOUNT NUMBER: BT30023114 EXPIRATION DATE: 04/30/2009 Welcome to the City of Newport Beach, and thank you for your business tax payment. This business tax certificate is evidence that the named business has paid a tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date shown. Please notify the Revenue Division immediately if any of the information on the certificate changes. This certificate is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at a permanent location Municipal Code requires that any representative, while transacting business within the city, carry this certificate. This business tax certificate does not authorize the named business to conduct any activities regulated by the City of Newport Beach or other agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tax. Certificates are not transferable to any other party or person and are not pro-rated. Refunds are not provided once the certificate has been issued. Your business tax certificate is valid until the expiration date, and must be renewed annually prior to that date. Changes in type of ownership (i.e. from a sole proprietorship to a partnership or LLC), nature of business, or ownership void the current certificate and require filing of and payment for a new application. Additional certificates are required if additional types of business activity are initiated at the same address, or additional locations of the same business are established (Municipal Code sections 5.04 through 5.08). For your convenience, the Revenue Division will mail a courtesy renewal notice, prior to the expiration date, to the billing address of record. Non - receipt of the notice does not alleviate the requirement to renew. Penalties are imposed for late renewal at a rate of 25% per month to a maximum of 100% of the base tax.. The Revenue Division is available to answer any questions regarding business tax certification and requirements. Call (949) 644 -3141; e-mail us at RevenueHelp@city.newpor[ beach.ca.us, or visit us on the Internet at www.city.newnort-beach.ca.us and view the Municipal Code on -line. DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CITY OF NEWPORT BEACH BUSINESS TAX CERTIFICATE THIS TAX PAYMENT EXPIRES: 04/30/2009 ACCOUNT NUMBER: BT30023114 SERVICE ADDRESS: R 8 SCHULTZ CONSTRUCTION 28193 SILVERADO CYN RD SILVERADO CA 92676 BUSINESS CATEGORY: EXCAVATION WORK SELLERS PERMIT. NO 88LLERS r Aivv OWNERIPRINCIPAL NAME: SCHMTZ, RICHARD OWNERSHIP TYPE: SOLE PROPRIETORSHIP TAX INCLUDES PAYMENT FOR: 0.00 EMPLOYEES DATE OF ISSUE: 04/23/2008 PRINT DATE: 04/30/2008 0 0 1 1 i 1 1 1 2 2 2 2 1� 7. I y h M N M PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS WEST NEWPORT PARK AT ORANGE ST. AND NEWPORT ISLAND PLAYGROUND EQUIPMENT CONTRACT NO. 4005 INTRODUCTION PART 1 --- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 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 7 -7 COOPERATION AND COLLATERAL WORK 7-8 PROJECT SITE MAINTENANCE 1 1 i 1 1 1 2 2 2 2 1� 7. I y h M N M 0 0 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 4 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 5 7- 10.4.1 Safety Orders 5 7 -10.5 "No Parking" Signs 5 7 -10.7 Notice to Residents 6 7 -15 CONTRACTOR LICENSES 6 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 6 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 8 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTOAR, AND RELATED MATERIALS 8 201 -1 PORTLAND CEMENT CONCRETE 8 201 -1.1.2 Concrete Specified by Class 8 201 -2 REINFORCEMENT FOR CONCRETE 8 201 -2.2.1 Reinforcing Steel 8 SECTION 215 PLAYGROUND PROTECTIVE SURFACING 9 215 -1 Poured -In -Place Rubber Surfacing 9 215 -1.1 General 9 215 -1.2 Installation 9 SECTION 216 PLAYGROUND EQUIPMENT AND SHADE CANOPY 9 216 -1 PLAYGROUND EQUIPMENT AND SHADE CANOPY 9 216 -1.1 General 9 216 -2 Installation 9 r 0 PART 3 - -- CONSTRUCTION METHODS SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 308 -1 GENERAL Last saved by mlocey03/07 /2008 2:50 PM F: \Users\PBW\Shared\Contmcts \FY 07- 08\West Newport 6 Newport IslarM Playground C- 4005\SPECS INDEX C- 4005.doc 0 0 SP 1 OF 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS WEST NEWPORT PARK AT ORANGE ST. AND NEWPORT ISLAND PLAYGROUND EQUIPMENT CONTRACT NO. 4005 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- 5215 -5); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removal and disposal of existing playground equipment, excess sand, safety matting, demolition of existing concrete curbs, the installation of new playground equipment and protective surfacing ." SECTION 3 --- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, 0 0 "(a) Work by Contractor. The following percentages shall be Contractor's costs and shall constitute the markup for all overhead and 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 SP2OF9 added to the profits: 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. 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. r• SP3OF9 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 that 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 30 consecutive working days after the date on the Notice to Proceed. 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 1st (New Year's Day), 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 4m 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), December 25"' (Christmas), and December 31't (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January Ise July 4m November 11th December 24th December 25 or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 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 $60.00 per hour when such time periods are approved. SP 4 OF 9 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "The Contractor is hereby made aware that, at times the park serves a large number of visitors. The Contractor shall make all necessary work site control provisions to minimize the possibility of inconvenience or injury to the public due to the construction activities. 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. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca.us/pubworks/links.htm." 0 0 SP5OF9 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 cooperate with the Engineer to provide advance notice to any pedestrians whose access will be impacted by construction operations. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of 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 in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.4 Public 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 SP6OF9 City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor A 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. The "As- Built' plans shall be submitted and approved by the Engineer prior to final retention 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 SP70F9 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 providing bonds, insurance and financing, and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Clearing, Grubbing, and Miscellaneous Work: Work under this Rem shall include the costs of all equipment, materials, and labor required to remove, dispose, and /or relocate all existing improvements so designated on the plans such as the removal of shrubs, soil (capping, relocating irrigation items for expansion of playground area), curb, hard scape-wal kway, and other unlisted items of work required to complete the improvements. Item No. 3 Construct PCC Curb (Type -B): Work under this item shall include constructing PCC curb (see plan sheet 1 detail), dowel new curb into adjacent existing PCC curb, and all other work items as required to complete the work in place. Item No. 4 Remove and Dispose of Existing Playground Equipment, Rubber Matting, and Substrate. Work under this item shall include removing existing play equipment, existing rubberized surfacing, debris, and other unsuitable materials and all other work items as required to complete the work in place. Item No. 5 Install City Supplied New Playground Equipment. Work under this item shall include installation of new playground equipment and all other work items as required to complete the work in place per Progressive Playgrounds specifications. Contractor will be required to transport playground equipment from the City's General Services Yard located at 592 Superior Avenue, Newport Beach, CA 92663. Item No. 6 Install City Supplied New Shade Canopy. Work under this item shall include installation of new shade canopy structure all other work items as required to complete the work in place including excavation of footings, pouring footings and erecting poles etc. etc per Custom Canopy's specifications. Contractor will be required to transport shade canopy equipment from the City's General Services Yard located at 592 Superior Avenue, Newport Beach, CA 92663. SP8OF9 Item No. 7 Install New Poured -In -Place Rubberized Surface. Work under this item shall include installation of new poured -in -place rubberized surfacing, and all other work items as required to complete the work in place. Any substitution must be approved by City before bid opening. Item No. 8 Remove existing sand minimum 18" deep and replace with City supplied clean sand. Work under this item shall include removal, hauling off and disposal of existing sand from playground areas and installation of City supplied clean sand. Item No. 9 Relocate Existing Concrete Bench and Bolt to the Concrete Walkway. Work under this item shall include removing the existing concrete bench from the PCC landing to be demolished, and relocating it on the existing PCC landing installing new anchoring bolts and chains to secure bench to ground and all other items as required to complete the work in place. Item No. 10 As -Built Plans: Work under this item shall include the costs of all equipment, materials, and labor to prepare and submit a set of as -built plans to the satisfaction of the Engineer within ten (10) days of work completion. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 9 SP9OF9 SECTION 215- -- PLAYGROUND PROTECTIVE SURFACING 215 -1 POURED -IN -PLACE RUBBER SURFACING 215 -1.1 General. Surfacing shall be poured -in -place playground safety surfacing by Prodek Inc. Safety Surfacing (818) 502 -2111 or equivalent. Any substitution must be approved prior to bid opening. The colors for the surfacing will be green, beige, and black (1/3, 1/3, 1/3). This material shall be installed either by a factory- qualified installer or by an installer that has satisfactorily installed this material on three (3) different previous projects. A list of references for the previously completed work is required. 215 -1.2 Installation. The equipment shall be installed per Prodek Inc. Safety Surfacing specifications, or equivalent, to fully comply with ASTM and CPSC guidelines and standards for playground safety. SECTION 216 -- PLAYGROUND EQUIPMENT AND SHADE CANOPY 216 -1 PLAYGROUND EQUIPMENT AND SHADE CANOPY 216 -1 General. The new playground equipment and shade canopy to be installed for this project has been purchased by the City for installation by the Contractor. Prior to demolishing existing equipment, contractor to coordinate with Recreation Superintendent Sean Levin (949) 644 -3159, for salvaging of reusable playground parts. The equipment shall be installed by a factory- qualified installer or by an installer that has installed similar playground equipment on three (3) different previous projects. A list of references for the previously completed work is required. 216 -2 Installation. The equipment shall be installed per Progressive Playgrounds specifications to fully comply with ASTM, and CPSC guidelines and standards for playground safety. PART 3 CONSTRUCTION METHODS SECTION 308 -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing any tree /shrub roots that interfere with the additional playground area that is created when the existing curb along the northern edge of the West Newport playground is removed for expansion of the playground sand area. The City will cut, cap and relocate the existing irrigation system." F :\Users \PBW\Shared \Contracts \FY 07 -08 \West Newport & Newport Island Playground C 4005\SPECS CA005.doc Last saved by Srooks03/0712008 2:20 PM • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. April 22, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 644 -3347 or parciniega @city.newport- beach.ca.us SUBJECT: WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT REPLACEMENT - AWARD OF CONTRACT NO. 4005 Recommendations: Approve the project plans and specifications. Award Contract No. 4005 to R.E. Schultz, the lowest responsible bidder, for the Total Bid Price of $77,974, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $7,800 to cover the cost of unforeseen work. 4. Approve a Budget Amendment to transfer the amount of $14,000 from Account No. 7015- C3170816 — Cliff Drive Park Handrail Replacement to Account No. 7015- C4120931 — West Newport Park Playground. Discussion: At 10:00 a.m. on April 2, 2008, the City Clerk opened and read the following bids for this project: The low total bid amount is 8.3% percent below the Engineer's Estimate of $85,000. The low bidder, R. E. Schultz, possesses a California State Contractors License Classification C -13 as required by the project specifications. A check of the Contractor's references indicates they have satisfactorily completed similar projects for other municipalities. A BIDDER TOTAL BID AMOUNT Low R.E Schultz $77,974.00 2 Hondo Company, Inc. $83,750.00 3 Premium Construction $86,205.00 4 Fleming Environmental Inc. $93,023.00 5 Park Specialties $97,604.00 6 Belaire -West Landscape Inc. $99,000.00 7 Allied e Corp. $123,000.00 The low total bid amount is 8.3% percent below the Engineer's Estimate of $85,000. The low bidder, R. E. Schultz, possesses a California State Contractors License Classification C -13 as required by the project specifications. A check of the Contractor's references indicates they have satisfactorily completed similar projects for other municipalities. A West NewpERand Newport Island Park Playground Equipment Reecement - Awerd of Contract No. 4005 Ap0122, 2008 Page: 2 protest letter was received on April 4, 2008 from the 2nd lowest bidder, Hondo Company Inc., questioning the low bidder's ability to perform at least 50% of the work with its own forces and whether they had valid workers compensation insurance. R.E. Schultz was notified of the issues and responded in writing clarifying these concerns (see attached letters from Hondo and R.E. Shultz). The project calls for the replacement of the eight year old playground equipment at the West Newport Park and 11 year old equipment at Newport Island Park. The normal expected lifespan for playground equipment is 15 years. Both playgrounds are located within the coastal zone with elements that shortens the lifespan of the equipment. The new playground equipment, manufactured by Progressive Design, is made of recycled plastic lumber, which is well suited to the coastal environment and contributes to extending the life expectancy of coastal playgrounds. Pursuant to the contract specifications, the Contractor will have 30 consecutive working days to complete the work. The playground equipment itself was purchased in advance by the City in an effort to avoid anticipated annual cost increases from the manufacturer and to allow completion of the project prior to summer. Council authorized purchase of this equipment at its December 11, 2007 meeting. During community outreach discussions a shade canopy was recommended for the West Newport Park facility. Per Council Policy F -14, the City Manager authorized an amendment to pre - purchase the shade canopy by the same supplier. As part of the scope of this project, the General Services Department will be contracting with Park West Landscape Maintenance to replace and repair the existing irrigation and landscaping impacted by the work at the West Newport Park. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This exemption covers the repair of existing facilities involving negligible or no expansion of existing use. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. In addition, two public outreach meetings were held on this project to gather input from the neighboring public that are adjacent to the playground sites. West Newport and Newport Island Park Playground Equipment Replacement— Award of Contract No. 4005 April 22, 2008 Page: 3 Geotechnical, Material Testing. and Survey Services: Geotechnical, material testing, and survey services are not required for this project. Funding Availability: Cost savings are available from the completed Cliff Drive Park Stairway and Handrail Replacement project. Staff recommends the approval of a budget amendment transferring $14,000 from the Cliff Drive Park Stairway and Handrail Replacement project to this playground equipment replacement project to cover anticipated expenses. There is a remaining balance on the Cliff Drive Park Handrail replacement project that was completed earlier in the year. Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following accounts for the project: Account Description Newport Island Park - General Fund West Newport Park - General Fund Budget Amendment West Newport Park - BET Proposed uses are as follows: Vendor R.E. Schultz R.E. Schultz Park West Landscape Prepared by: Patrick Arciniega, P.E. Senior Civil Engineer Account Number 7015- C4002001 7015- C4120931 7015- C4120931 7271- C4120931 Total: Purpose Amount Construction Contract $ 77,974.00 Construction Contingency $ 7,800.00 Landscape / Irrigation Repair $ 10,000.00 Total: $ 95,774.00 Submitted by: Attachments: Project Location Exhibit Protest Letter from Hondo Response Letter from R.E. V1 • '• • Construction, dated April 4, 2008 Shultz, dated April 7, 2008 Amount $ 32,302.66 $ 32,037.34 $ 14,000.00 $ 17,434.00 $ 95,774.00 Purpose Amount Construction Contract $ 77,974.00 Construction Contingency $ 7,800.00 Landscape / Irrigation Repair $ 10,000.00 Total: $ 95,774.00 Submitted by: Attachments: Project Location Exhibit Protest Letter from Hondo Response Letter from R.E. V1 • '• • Construction, dated April 4, 2008 Shultz, dated April 7, 2008 LOCATION MAP WEST NEWPORT PARK AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT REPLACEMENT C -4005 O J 4 O TO 38TH ST. ui a a NEWPORT ISLAND PARK COAST HWY.W. SEASHORE DR. WEST NEWPORT PARK F w C� Z O 0 COMPANY INC. April 2, 2008 LaVonne Harkless, City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Contract 4005 West Newport & Newport Island Park Dear Ms. Harkless: 0 Engineering Contractors 2121 South Lyon Street Santa Ana, CA 92705 RECEIVEDFAX 714/434 -0215 APR 0 4 2008 Public Works Department City of Newport Beach This letter will serve as our formal protest of the possible award of the West Newport and Newport Island Parks to the apparent low bidder, R. E. Schultz of Silverado, CA. Our research of this firm with the California State Contractors Licensing Board reflects that this firm holds no workman's compensation insurance as required by your specifications. Without this insurance, no employee could possibly work on -site and the on -site subcontractors would then add additional liability to the City of Newport Beach. The other issue at hand is that the contractor must perform at least 50% of the work with his own forces, under Section 2 -3.2 of the Standard Specifications for Public Works Construction. Without employees, this would hardly be possible for this firm to comply. As a company that is properly licensed to build parks, including licensing for safety matting and certified as a Playground Safety Inspector, we are requesting that you review these issues and consider award of this project to our firm as the lowest responsible qualified bidder. Thank you. Sincer y y urs: Lloyd Cc: Patrick Arciniega, Project Manager R.E. SCHULTZ CONSTRUCTION P.O. Box 6 Silverado, Ca- 92676 (714) 649 -2627 City of Newport Beach April 7, 2008 Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, Ca. 92658 -1768 Attention; Patrick Arciniega Re: Response to protest letter from Hondo Company dated April 2, 2008 Dear Sir, This letter is the formal response to Hondo Company's protest. We do have a State Fund Workers Comp policy_ Our policy number is 1818103 -08 (please see attached certificate of insurance issued from State Fund.) We have tried unsuccessfully to have the State of California Contractors Board update their website. We again this morning are placing calls and following it up with letters and certificate of insurance. Regarding section 2 -3,2 of the standard specifications, ILE_ Schultz Construction will construct approximately 65% of this project with our own forces, which is well within the 50° /a compliance of the specifications. Please do not hesitate to contact us with any other questions or concerns you may have with this project. We are looking forward to the City's award and working with you for a successful completion to this project. Sincerely, Richard Schultz APR-06-2000 23:01 70'7663SSOT STATE. COMP INS 62914; .092 /003 CERTHOIAER COPY bm "M P.O. BOX 420807. SAN F MPOSCQ CA 94142 -0807 Ca WR" An N FUND cemriGATE of WORKERS' GONE wsAucm ui►s iimcz ISSUE DATE; 04 -04 -2008 G1tOt1P: POLICY NUMEM 1818103 ^2008 GW(MCgTr; ip 25 CERTIFICATE E)MMS: 01-41 -4008 01 -01- 2003/01 -01 -2009 CITY OF NENPOHT ISACA SP 408-.VEST NEWPORT & NEWPORT ISLAM ATM WILDIN9 DEPARTMW FLAYA1101 t EQUTFNENT 3300 NEWPORT MLVO NOMM111T BEACH CA 9839,4 ^ISIS TMs is to cor" Um we have iaaued a raa0 WfoMerb' GOmpsnsation hmu'ance paliDy in'* form approved by the Wfarrda freurance Commlaaiansr to the ampipyer nand hsdow far the policy Period indiaated M" policy to not eject to ca0eamon by the Ihtied excopt uporr 8o days adv.0cc wrkian notim to Mo employ.- We will also yore you 30 days advance nodca should t k policy he aameelled prior to its normal exp0'adoM This owliffcaU of inst40ae is not an hiew me policy and doaa not amend, oxtpmd or Aker the coverage afforded by, the policy 6slad to rBh No y rersMamefl4 term or condition of arty contract or odw docrm vit With respect to vO" d& csrOfibioa of amt nury be issued or to which it may Darma the inauramce afforded by Ow PAHcy denwibed herein le 'subject to all the terms, exclusions, and condiiimss. of umb policy. ON A PRWA)ENT MptAaE UIOER TMIS POLICY AM INDIVIDUAL EMPLOYER OR A —r UVLOYER'S LIAHTLFTY LIN" SN=DiNG'[iEFENSE COMM: 91.000.400 PMt OCOMEWE. ENDURSEXIMT 47000 EMTITLZP CEftMIZATE FOLDERS' MOTIC6 IFFMVIVE 01-01 -1003 IS ATTAtlFEO TO AM FORY9 A PART OF THIS POLICY. SCHDLTZ, RICPARD AM MCMLY2, BNAMMN N PC BOX 6 SILVtFRADO CA 94076 tnev.Y U% SP t iJRM.CM PRINTIO : 04 -07 -2009 C4( of Newport Beach BUDGET AMENDMENT 2007 -08 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND fJ Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 08BA -060 AMOUNT: $1a,000.ao Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance rx] No effect on Budgetary Fund Balance To transfer expenditure appropriations from the Cliff Drive Park Handrail Replacement project to the West Newport Park Playground Equipment Replacement project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Signed: Signed: Signed: Approval: City Manager City Council Approval: City Clerk Director Amount Debit Credit $14,000.00 Automadc $14,000.00 Date o T ate Date Description Division Number 7015 General Fund - Parks Account Number C3170816 Cliff Drive Park Handrail Replacement Division Number 7015 General Fund - Parks Account Number C4120931 West Newport Park Playground Equip Replace Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: City Manager City Council Approval: City Clerk Director Amount Debit Credit $14,000.00 Automadc $14,000.00 Date o T ate Date CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C -4005- ( ,X fono -200- Agenda Item No. i i December 11, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 -644 -3347 or parciniega @city.newport- beach.ca.us SUBJECT: APPROVAL OF SOLE SOURCE PURCHASE OF YOUTH PLAYGROUND EQUIPMENT AT NEWPORT ISLAND PARK AND WEST NEWPORT PARK RECOMMENDATION: Approve a sole source purchase from Innovative Playgrounds Co. LLC to replace the existing youth playground at Newport Island Park and West Newport Park in an amount not to exceed $60,000. DISCUSSION: As part of the Fiscal Year 2007/08 budget process playground equipment for the Newport Island Park and the West Newport Park at Orange Street were identified as needing to be replaced due to deterioration from the marine environment and normal wear and tear. The normal expected lifespan for playground equipment is 15 years. The Newport Island Park is 11 years old and the West Newport playground is eight years old. Both playgrounds are located within the coastal zone with elements that shortens the lifespan of the equipment. In an effort to extend the life expectancy of playgrounds in the coastal zone, a recycled plastic lumber playground manufactured by Progressive Playgrounds was installed at Peninsula Park in 2006. To date the results have been positive. To further build our life expectancy into coastal playgrounds, staff specified purchasing equipment from Innovative Playgrounds Co. LLC, Progressive Playground's west coast representative, for the Newport Island and West Newport playgrounds. On November 26, Recreation and Senior Services staff met with community residents to discuss the design, lay -out and color scheme of the equipment. Input from the meeting was used in the final design of the equipment for the playground. Attached are exhibits of the layout for each playground. Approval of Sole SoWurchase of Youth Playground Equipment at New0land Park and West Newport Park ' December 11, 2007 Page 2 The total estimated cost for the equipment chosen is $56,896.91, pending minor final design elements after Council approval. The cost of the equipment meets industry standard prices and is comparable to other manufactures and installation in past years. Staff believes purchasing the equipment outside the construction contract provides for three benefits. It takes advantage of 2007 pricing, which are anticipated to increase by 5 to 10 percent after the first of the year. It eliminates the normal 5 percent contractor markup on the equipment when combined in the construction contract. And, finally, it allows manufacturing of the equipment to take place while final construction documents related to park layout, rubberized accessible surfacing, and construction details are determined. A separate construction contract for these items is planned for Council consideration in March. If the equipment is purchased now, installation can be completed prior to summer. Staff recommends the sole source purchase of the equipment for the benefit of saving time and approximately $10,000 in cost. Environmental Review: CEQA processing will be completed when the installation design contracts are approved by City Council. Funding Availabilitv: There are sufficient funds available in the following accounts for the project: Account Description Newport Island Play Ground Equipment West Newport Park Play Ground Equipment Proposed uses are as follows: Vendor Innovative Playgrounds Co. LLC Incidentals /Equipment Adjustments Prepared by: Patrick Arcinieg , P.E. Senior Civil Engineer Account Number 7015- C4002001 7271- C4120931 Total: Purpose Equipment Purchase Attachments: Proposed Newport Island Play Equ Proposed West Newport Park Play Amount $ 30,000.00 30,000.00 $ 60,000.00 Amount $ 56,896.91 3,103.09 Total: $ 60,000.00 Submitted by: S'Wen.QOSadurn ublic orks Director progressive design playgrounds OVERALL DIMENSIONS: 25'X25' MINIMUM "USE ZONE': 37%3P CRITICAL FALL HEIGHT: 6' AGE GROUP: 5.12 OVERHEAD EQUIP. HT.: V -1" PLATFORM COLOR: T.B.D. GRAB RAIL COLOR: T.B.D. RESILIENT SURF. DEPTH: T.B.D. PROGRESSIVE DESIGN PLAYGROUNDS 2665 VISTA PACIFIC DR. OCEANSIDE, CA 92056 TOLL FREE: 1-800 585 -3131 PHONE: (760 ) 597 -5990 FAX: (760)59 -5991 www.pdplay.CQm SLIDE DOUBLE-DIP SLIDE \ STOREFRONT / PANEL BELOW PYRAMID \ LOOP -ARCH ROOFTOP CLIMBER (2) SMALL R.P. ARCH WALL (6) I ' BRIDGE ADA SNAKE 8" TRANSFER CUMBER 0 STEP 48" 32' 24" 16" 0.00 ROCK - CLIMBING REVERSE SERPENTINE ADVENTURE RING MAZE / SMALL FLP WALL (2) 0 p 6a" VERT ROCK 7P" TREK COIL CUMBER 1 COBRA SPIRAL \DE MONKEY / CLIMBING GRIP WALL NOT TO SCALE NOTES: 1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 2. DO NOT SCALE DRAWINGS. 3. CONTRACTORS NOTE: FOR PRODUCT AND COMPANY INFORMATION VISIT www.CADdahaAawm ft REFERENCE NUMBER 787 -114. 767 -114 NEWPORT ISLAND PARK PROTECTED BY COPYRIGHT -12MM5 WN+CAD69tau -oom i Illy��1 y py n 1 1, a progressive design pianrounds /" 0 .D Post Swing 2 -12 Age Play System, Set, Model #: SW -M -84T Model #: Reno -NP1 -1 (2- Tot & 2 -Strap Seats) 1•&019.6$63181 nr.n ti j x'I �atYC •'i I � a -r Line Represents =: - sa. I .`,' . :.Q.: ', •'. Minimum "Use Zone" A' .. . , • , . ' \. ., = e : @ Equipment, Typ. SCALE IN FEET 0 5�0 ACCES$ West Newport Park Mod. #: Varies Ref. # : - ..._ -. 7347 -1 Approx. 1,000 S.F. Of Approx. 1,900 S.F. Of -' - -- - -— -' -- Existing Sand Protectiv Poured -In -Place Rubberized Scale: AS SHOWN g Protective Surfacing, Ove Overall Dimensions: Varies Surfacing, To Remain ; Minimum Use Zone: Varies 3' Min. Conc. Sub -Base ; Critical Fall Height: 8' (Includes Turn -Down Curb) lAge GroupGroup: 2.12 PROGRESSIVE DESIGN PLAYGROUNDS —_ - -- ,1.800 -585 -3131 11 1 Y 1 1, I I OIUII <� 1j