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CONTRACT 5839 Public Works Contract CLOSEDAgreement No. 5839 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND R.E. SCHULTZ CONSTRUCTION, INC. WASHINGTON PARK PLAYGROUND PROJECT PROJECT NO. PW 19-29 This CONTRACT is entered into this 18th day of December, 2019 by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and R.E. Schultz Construction. Inc., a California Corporation ("the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Two liundred ninety-eiuht thousand. four hundred ninety-three Dollars ($298,493.O0) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. Agreement No. 5839 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within Fortv (40) working days (the "Contract Time.") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii.. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. Agreement No. 5839 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City Ken Berkman Public Works Director City of El Segundo 350 Main Street, El Segundo, CA 90245 The Contractor Richard Schultz President R.E. Schultz Construction, Inc. 1767 N. Batavia Street Orange, CA 92865 (310) 524-2356 (714) 740-5049 clirisCti�i'e.schLIltZCOI'Istr•u tiOtI.CO�l1 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Agreement No. 5839 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. Agreement No. 5839 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. ATLI 1Viitnick ity Manager ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By:, Dat d H. King, Assistant City Att Insurance Reviewed by: Richard Schultz R.E. Schultz, President Taxpayer ID No. 32-0465469 Contractor State License No.:1007195 ............... Contractor City Business License No.: 29474 State of California County of Orange Agreement No. 5839 HUGH NGUYEN CLERK -RECORDER CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a) Code of Civil Procedure PROPERTY RECORDS BIRTH AND DEATH RECORDS MARRIAGE LICENSES/RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES I, Hugh Nguyen, County Clerk -Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT U.S. SPECIALTY INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County on 1/6/2020. Hioi;h Nguyen, Orange COt)nty Clerk-er R� m*d c. 0 .............. . Nadia Al Obaidi, Deputy Clerk -R c rdzr NORTH COUNTY BRANCH OFFICE ORANGE COUNTY OLD ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE WELLS FARGO BUILDING COUNTY ADMINISTRATION SOUTH COURTHOUSE LAGUNA HILLS CIVIC CENTER 222 S. HARBOR BLVD., STE 110 601 N. ROSS STREET 211 W SANTA ANA BLVD ROOM 201 24031 EL TORO ROAD, SUITE 150 ANAHEIM, CALIFORNIA 92805 SANTA ANA, CALIFORNIA 92701 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834.2500 • FAX (714) 834-2675 0 WWW.00RECORDER.COM 4 WWW.00ARCHIVES.COM Agreement No. 5839 FAITHFUL PERFORMANCE BOND WASHINGTON PARK PLAYGROUND PROJECT PROJECT NO.: PW 19-29 Bond No. 1001097199 Bond Fee: $5,477 R.E. Schultz Construction, Inc., as Principal ("PRINCIPAL") and U.S. Specialty Insurance Company acorporation incorporated under the laws of the State of Texas and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum oft 9 8, 4 9 3DOLLARS, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.(TwoHundredNinetyEightThousandFourHundredNinetyThree) PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 19-29, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 19-29, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 19-29) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. I -E-1 Agreement No. 5839 Bond No. 1001097199 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 19-29 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -E-2 Agreement No. 5839 Bond No. 1001097199 SIGNED AND SEALED this 23rd day of December .20 19 R.E. Schultz onstruction, Inc. U.S. Specialty Insurance Company PRINCIPAL's PhS ENT SURETY, PRINCIPAL's SEC ItE ARY Blake A Pfister, Attgrney—in—fact PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: RE Schultz Construction, Inc. U.S. Specialty Insurance Company 1767 N Batavia St 801 S Figueroa St #700 Orange, CA 92865 Los Angeles, CA 90017 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I -E-3 ' Agreement No. 5839 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 .............. LA tary public or other officer completing this certificate verifies only the identity of the individual who signed the document hich this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange J} On January 6, 2020 before me, Linda Mackey, Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard Schultz Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .. LINDA MACKEY NotaryPublic- California Orange County i Commission N 2213872 My Comm. Expires Oct 11, 2021 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature dry k, r Signature of Nota ublic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: December 23, 2019 Signer(s) Other Than Named Above: -- Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing:.,, Agreement No. 5839 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ��I:K�lu�"l�w�'�"�.���",�M,"aM1�w,,�,i��.iC';P?dhienw����„i.�rok�uaww�!4��ti,�n¢'Iq rtix,'�;t„m.r�'M.�m�wq"19�Y3��''�q�w1 I',C4ma�°;�,V 109, ��ti��”�txHi��3�'���9°�'”N�wta���e0w�,,,.�irnaiwH,>Wd-,�n"�„',;�,ryp,w�,�Ykr�i,�":'�§��1iw�ti"n1;4"�`6•t�d„,,a;,i�dn��up^k"kt� A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange J} On January 6, 2020 before me, Linda Mackey, Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard Schultz Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �I certify under PENALTY OF PERJURY under the LINDA MACKEY laws of the State of California that the foregoing NotaryPublic- California i paragraph is true and correct. ' Orange County Commission M 2213872 WITNESS my hand and official seal. MyComm. Expires Oct 11, 2021 1111 1 I'll Signature IA4,1 _e1,y Place Notary Seal and/or Stamp Above .Signature of Notary"ublic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: December 23, 2019 Number of Pages: Signer(s) Other Than Named Above: -- Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Agreement No. 5839 CALIFORNIAALL4KMPOW ,ACKNOWLE" 11 CML CODE $1189 lia.an!YmJ!.Y!.! 1141M A notiny Iubk or cOw ~ ooh this cer<ifiC t vailin 0* the identity of the indM" who signed the docunwnt to wtk* tW mfilicajo is WadW, and rat the #W**m, accuracy►, or vafidiiy of that doaunent. State Of California ) County of ,.... ) OnDecember 232019 f. before me, _wane Nahina, N,otary Public Date Here Insert Name and Title of the Officer personally appeared.,.. aka A. Pfister Name($) of Signe(s) I under PENALTY OF PERJURY under the laws of ft Swe of California filet tine foregoing paragrao is true and Correct. LIANNE NAHINNAA WITNESS my hand and official seal. COMM. # 2314283 X rw NOTARY PUBLIC -CALIFORNIA V per . ORANGE COUNTY Signator MY COMM. EXP. DEC; 4029 ,. . . - Signature of Notary Public Place Notary Seal Above OPW)M Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Aftadwd Domnwd rMe or Type of Document Bond 10 01 0 9 719 9 DocumentDate: December 2 3 , 2 01 9 Number of Pages: _ Signer(s) Other Than Named Above: UL&L, ,D -n e C ) C by Signer's Name: , 1.„...k et t r ® Corporate Officer — Title(s): 0 Partner — 0 Limited 13 General C3 Individual . ® Attorney in Fact 0 Trustee ® Guardian or Conservator ® Other. Signer Is Representing: U.S. p; c i . t y Insurance Company Signer's Name: ------- 0 Corporate Officer — T'dle(s): . ® Partner — ® Limited O General ® Individual 0 Attorney in Fact • Trustee O Guardian or Conservator 0 Other: . Signer Is Representing: r”Ywia�ax��YrwuuGY:YYY�Yr,WYxwwbpxim�MauaMwuk iw'�r�YYI'4WYw�GYiu4w d!W!!,aw��w��'�YYr�VxdY�«o�Y61�,�wll,��wa�Y���Yu�r'����+e!w�u��r �'���Yriw �u��'�rw�d!�rdlkaiwlA4�w uu�J�llrrri�!Il�w!!'�'i!I�Je����a�d ar��w'�1iY✓I�Yu�v�l'�Mi�a«��IaWuwa M�,Yw���ad�Cam�Ww�aia,� 02014 National Notary Association x www•NadonalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Agreement No. 5839 TOKICt'MARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U,S, SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Fila e A. Pfister ter Of Mission Viejo, California its true and lawful Attorney(s)-in-fact;; each in their separate capacity if more than one is named above', with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Five Million***** Dollars f **"58,000„000.00` '1. This Power of Attorney shall expire without further action on April 231d, 2022, This Power of Attorney is ,granted underand by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be' it Resolved, that the President, any Vice -President„ any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents li canceling or terminating the Company's 'abitity thereunder, and any such instruments so executed by any such_Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary, Be it resolved„ that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of June, 2018, AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED SQATI:��S,SURETf,FI+ C>R?ANY�W �` 14PECIAL YaIN URANCE' COMPANY ,�VVXMW,�rNr, �?n,' .rip ' iws y �i z• State of California ^iwt County of Los Angeles w' �i Daniel P. Aguilar, Vice President 4 rN'i4M1�w„n,wa lo4,00,; „fAri,ri raaBirgw'^„tiw„ y nr r.ni�uuirrud.�', A Notary' Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,, and not the truthfulness, accuracy or validity of that document On this 1 st day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same -in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws -of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 10111` + ',�” Notary pA u®Ilc • Ullmnl® k,m y sArp.rl'uroiuuAhy "'' CEtmrnhc9mr8d29g47� Signature o (seal) ww,wcomm.r»�IraAprxa.ana' I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in fulls 'force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 23rd day of December 201'9 Cor orate Seals g�uwGT��rw' 8q t ak S4A dim rvz / rad wmai ae'>,r,, Bond No. 1001097199 9 ,° ° G> w. p9yi r r w In ���aePwaa,wxta°l+uhoo ��x � uwy�y1, iv No. 3074 Fl �_ �r r? •; � c �� ,� ”" Kio LO, AssV Secretary HCCSMANPOA05/2019 uiiiruilllla iulINISUietvformoreinformation State of California County of Orange Agreement No. 5839 HUGH NGUYEN CLERK -RECORDER C E It"1`11°"lt;:"'ATI :: 0F ADIN/1IT' ISD SL;1ZETY I N SI."RL,R Certificate pursuant to 995.640(a) Code of Civil Procedure PROPERTY RECORDS BIRTH AND DEATH RECORDS MARRIAGE LICENSES/RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES I, Hugh Nguyen, County Clerk -Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT U.S. SPECIALTY INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County on 1/6/2020. Hu, h Ng;UVIM ()1'ange CoLaity Clerk -R evTd. ).- radia Al Obaidi, Deputy Clerk-Rzcar_der-- 611 NORTH COUNTY BRANCH OFFICE ORANGE COUNTY OLD ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE WELLS FARGO BUILDING COUNTY ADMINISTRATION SOUTH COURTHOUSE LAGUNA HILLS CIVIC CENTER 222 S HARBOR BLVD„ STE 110 601 N ROSS STREET 211 W SANTA ANA BLVD ROOM 201 24031 EL TORO ROAD, SUITE 150 ANAHEIM. CALIFORNIA 92805 SANTA ANA, CALIFORNIA 92701 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 9265 (7 14 ) 834-2500 0 FAX (714) 834-2675 4 WWW.00RECORD ER.COM 0 WWW.00ARCHIVES.COM Agreement No. 5839 LABOR AND MATERIALS BOND WASHINGTON PARK PLAYGROUND PROJECT PROJECT NO.: PW 19-29 R.E. Schultz Construction, Inc. Bond No. 1001097199 Bond Fee: Included with the Performance Bond ,, as principal ("PRINCIPAL") and U.S. Specialty Insurance Company , a corporation incorporated under the laws of the State of Texas and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of$2 9 8 , 493 Dollar s lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.(TwoHundredNinetyEightThousandFourHundredNinetyThree) This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in WASMNGTON PARK PLAYGROUND PROJECT, SPECIFICATIONS NO. PW 19-29 ("Public Project"), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 19-29, and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 19-29), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. I -F-1 Agreement No. 5839 Bond No. 1001097199 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code (`SSMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 19-29, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -F-2 Agreement No. 5839 Bond No. 1001097199 SIGNED AND SEALED this 23rd day of December .20 19 . R.E. Schult Construction, Inc. PRINCIPAL's PRE 1 PRINCIPAL's SEY PRINCIPAL's MAILING ADDRESS: U.S. Specialty Insurance Company SURETY Blake A Pfister, Attorney-in-fact SURETY's MAILING ADDRESS: R.E. Schultz Construction, Inc. U.S. Specialty Insurance Company 1 767 N Batavia St 801 S F i. a QaSt #700 Orange, CA 92865 Los Angeles. CA 90017 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I -F-3 CALIFORNIA ACKNOWLEDGMENT Agreement No. 5839 CIVIL CODE § 1189 001*fW,�1.'.Jl,ti�!"wm"?Gk #; w!rgv,.9,; " Vdm#hLlxli wr tWk � 4Am+„!1? ,,d,t? ................_............ ................................... _..... . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange J} On January 6, 2020 before me, Linda Mackey, Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard Schultz Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the LINDAMACKEY laws of the State of California that the foregoing NotaryPublic- California paragraph is true and correct. ” • " Orange County Commission N 21138/2 WITNESS my hand and official seal. My Comm. Expires Ocl 11, 2021 r a' Signature ' Place Notary Seal and/or Stamp Above Signature of No't'ary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor and Materials Bond Document Date: December 23, 2019 Signer(s) Other Than Named Above: -- Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ".;+ I¢ , +� n, ',i Cr � i '" .�'P.i;' „�', "'A," 1 '.•' ;.., '"',v �"; : �" �i'; r ,q `,',. S''"rf '.r �",,x�, r, "i �. "�" .,,.�, p. (N';��i 4 i'N'",,, � 0,,,, . � " 02018 National Notary Association Agreement No. 5839 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange J} On January 6, 2020 before me, Linda Mackey, Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard Schultz Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ■ro�wr wlitn 'll�!umrw�ir� LINDA MACKEY Notary Public - California Orange County Commission N 2113872 My Comm. Expires Oct 11, 2021 Illi) iil 11/111111911 I,,, ,111111 ,p I o uVI l'uu Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor and Materials Bond Document Date: December 23, 2019 Number of Pages: Signer(s) Other Than Named Above: -- Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Agreement No. 5839 CAL FORMA► ALL4KWM ACKNOWLEMMENT CML CODE $1189 A notary Oft or Ww officer �. :M „i„g this certificaw verifies only the idway of the indtvidual who signed the docuawnt to which this certificate is attached, and not the truffftwo, awxwy, or vak ty of that doaw=L State of California ) County of 0 ar1Q � - ) On December 23,2019 beforeme, ,Lianne Nahina, Notary Public Date Here Insert Name and Title of Me Officer personally appeared Blake A. Pfister Name(s) of Signers) IL - w -w r� +t .• w ,a � a � :- ar . ;,, w ,� � •: . - a : I x �. : aa' uw .. - � I ceffily under PENALTY OF PERJURY under the laws of the State of California that ft foregoing paragraph Is true and correct. +” COMM.NE 2INA 3Hand official , WITNESS hand X w NOTARY PUBLICrCALIFORNIA ;DCA re ; t� ORANGE COUNTY I I MY COMM. EXP DEC E, 2029 signature of N Public �I Inc Place Notary Seal Above iVA, Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. TWO or Type of Document Bond 1 0 01 0 9 719119 Document Date: D e c e m h z r 91. 2019 Number of Pages: Signer(s) Other Than Named Above: NjL, None Cmc+" ) 0ximed by s) Signer's Name:Pfister Signer's Name: Blake .A.. -.. El Corporate Officer — Thle(s):., ® Corporate Officer -- Thle(s): El Partner — ® Limited I, ! General ® Partner — ® Limited O General 9 Individual ® Attorney in Fact ® Individual 0 Attorney in Fact 0 Trustee ® Guardian or Conservator 0 Trustee O Guardian or Conservator ® Other: ® Other. S ner Is Representing: u. S. Specialty Signer Is Representing: insurance Company n6i�IM�!�iAllu ��w'�li�wM'a� GNi.aMp Wo:uyd iw��uN �wiiYda Yk uW�a+4'ila�.�.N.!��ca<'dw�.da IY IaPo�Yri��id�Y IaAY�Y�kWMw+rwl,IiY�pw�x!wdW�4�WY��V,iM�u���udaiD�nrW�w.,Wl y V�'Y!�r'� NWx��gW �tl�!W 4wialA�ldtlN uwlw'II� �,lNniuMai�Ye iJtla ICi�aWedwCAl1� dUVJidd4'�Y+uMd4'4YWi4���eY�WUMW�p+Jadm�r�µ'w�uad�!W.dtliiem 02014 National Notary Association • www.NotionWNotmy.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 i Or TO'KIO�1"li1ABNE "' H C C Agreement No. 5839 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American 'Contractors Indemnity Company, 'a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Blake A. Pfister of Mission Viejo', California its true and lawful Attorney(s)-in-fact',' each in, their separate capacity if more than one is named above, with full power and 'authority_ hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Five Million***** Dollars ( "15,000,000,00"* . This Power of Attorney shall expire without further action on April 23rd, 2022.This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board's of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary t:nu°' any Assistant Secretary shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to repr'esen't and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for The release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed byany such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company -heretofore or hereafter affixed to any power of attorney or any certificate relating) thereto by facsirnite„ and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15' day of June, 2018, AMERICAN CONTRACTORS IINDEMNITY COMPANY TEXAS BONDING COMPANY UNITED SJAT"'g' SURETy.00CgMPANY „j,.Nt S, ,'ECIAI�", Y,'w�l'N' U'IRANCE COMPANY x001 s% psa6no retl4�ay ^' r"r .r .°f i aiUv,y,k State of California t. -"e 4, SEPT. 2L ION fin,t k R,�d al`'fs.� •°: �� ' , yas'A ' 1D a County of Los Angeles " , f" f�� �., ��„� c tpeal ,,, Daniel P. Aguilar, Vice President A Notary Public or other officer completing this c'ert'ificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity” of that document On this=15t day of June, 2018, before me, Sonia O. Carrejo, a notary public, personalty appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument, 11 I certify under PENALTY OF PERJURY under the laws of the State of California that the'; foregoing paragraph is true and correct. WITNESS my hand and official seal.n SOSONIA0 CARREJO Notary Public • California Los Angeles County f 14 01 ! Commission # 2239479 g Signature ('seal) lAy Comm. C"odr"s Aot 2',3, 2022 1 1, Kio Lo, Assistant Secretary Amedcan Contractors Indemnity Company„ Texas Bondingw Company, United States Surety Company and U,S, Specialty Insurance Company, do hereby certify that the above and foregoing) is a true and correct copy of a Power of Attorney, executed by said Companies, 'which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. Int+ triers, Whereof I have hereunto hunto set my nt and affixed the seals of said Companies at Los Angeles, California this `°� day of x�^Jau„w«m�.�.,.""�",o+orm�,• •''b by p 1 0 01 0 9 71 9 9A J, °yry1 4Cd a,StAMa o, Corporate Seals u� s . el gra w �` t aka, c� Bond No. 4"� ocae as,ssaa JI*s v � � c Nf ,,„h ,� �•,o �uv i �, t„ l �' = Agency No. 3074 *.;a<rdµN" �" fie q,l t"*µ” 'u° " Kio Lo, Ass) Secretary t',p'fIIVI d 11'.di"HCCSMANPOA05/2019 fo,ii Ir'n lo11' e linfo'rmation Agreement No. 5839 PROPOSAL FOR THE WASHINGTON PARK PLAYGROUND PROJECT Project No.: PW 19-29 Date November 8 2019 Company Name R.E. Schultz Construction, Inc. TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may affect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and fling the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. l� GLIAL EMPLOYMI NT OPPORTUNITY COMPLIANCE Agreement No. 5839 BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION DECLARATION BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. [-C-2 Agreement No. 5839 BID SCHEDULE WASHINGTON PARK PLAYGROUND PROJECT PROJECT NO.: PW 19-29 Company Name: R.E. Schultz Construction, Inc. BASE BID ITEMS Item Unit Total No. Description QTY Unit Price ($) ($) I -C-3 LS $12,000.00 $12,000.00 SF $2.08 Remove all playground equipment, SF $3.00 1 including foundations, and remove bench 1 SF $10.00 (items D5 & 136). 2 Remove playground sand down to in-situ 5750 soil (item 132). 3 Remove existing D.G. path and sod as 3000 shown on plans (item Dl and 133). 4 Remove existing concrete curb boundary 178 to playground (item 134). 5 Provide and install 4" concrete paving as 1102 shown on plans (items 2, 4, & 5). Provide and install concrete curb, Malibu 6 boulders, and 6" top soil layer as shown 1 on plans (items 6, 14, & 15). Provide and install playground turf 7 EasyTurf `Premium'. Follow color 4464 patterns as shown on plans (items 7 & 8). 8 Provide and install decomposed granite 945 per plans (item 3). 9 Provide and install new sod where D.G. 1075 was removed per plans (item 16). Furnish and install playground 10 equipment per manufacturer's 1 recommendations, including foundations - proposal no. 19128 (item 13). 11 Miscellaneous improvements as 1 determined necessary by the engineer. [NEXT PAGE FOR BID TOTAL] I -C-3 LS $12,000.00 $12,000.00 SF $2.08 $11,960.00 SF $3.00 $9,000.00 LF $11.00 $1,958.00 SF $10.00 $11,020.00 LS $6,460.00 $6,460.00 SF $17.50 $78,120.00 SF $15.00 $14,175.00 SF $4.00 $4,300.00 LS $144,500.00 $144,500.00 LS $5,000.00 $5,000.00 Agreement No. 5839 TOTAL BASE BID FOR ITEMS 1-11 IN FIGURES = $ 298,493.00 TOTAL BID WRITTEN IN WORDS: Two hundred ninety eight thousand four hundred ninety three 0/100. (NOTE: THE AWARD TO THE APPARENT LOWEST BIDDER IS BASED ON THE TOTAL OF BASE BID ITEMS 1-11 ONLY. ALTERNATIVE BID ITEMS SHALL NOT BE CONSIDERED AS PART OF THE LOWEST BID.) All work shall be per these specifications and attachments. Prevailing wage rates apply. The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of ninety (90) calendar days. I -C-3 Agreement No. 5839 BIDDER'S INFORMATION Company Name: R.E. Schultz Construction, Inc. BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) Corporation If corporation, State of Incorporation (i.e., California) CA Business R.E. Schultz Construction, Inc. Address 1767 N Batavia St. Orange, CA 92865 Telephone No. 714-649-2627 Facsimile No. 714-740-5049 ............. State Contractor's License No. and Class 1007195 A, B, & C -61/D34 Original Date Issued 09/10/15 Expiration Date 09/30/21 The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest in this proposal: Richard Schultz, President (sole Officer) 714-350-4269 PO Box 6 Silverado, CA 92676 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: N/A All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: N/A I -C-4 Agreement No. 5839 BIDDER'S INFORMATION (CONTINUED) Company Name: R.E. Schultz Construction, Inc. Bidder shall list the name of the person who attended the mandatory pre-bid job walk: Name: Chris Thomas Title: Project Manager I -C-5 Agreement No. 5839 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforenamed principals this BIDDER R.E. Schultz Construction, Inc. Richard Schultz (sole Clfflc 12 day of November , 20 19 . Subscribed and sworn to this day of N*'OV. . 20? NO ABS' PUBLIC I -C-6 RENEE D. FISHER Notary Public — California Orange County Commission # 22 19617 Kfy Comm. es Oct 23, 2021 I -C-6 Bid Bond No...re��_T .N $5 39 PROPOSAL GUARANTEE BID BOND WASHINGTON PARK PLAYGROUND PROJECT PROJECT NO.: PW 19-29 KNOW ALL MEN BY THESE PRESENTS that, R. E. Schultz Construction, Inc. , as BIDDER, and U. S. Specialty Insurance Companx as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of tf�nperrcent ofDOLLARS ($1 q% which is ten (10%) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 1 2 th day of November 2019 BIDDER* R.E. Schultz Construction, Inc. 1767 N Batavia Orange, CA 92865 714-649-2627 SURETY* U.S. Specialty Insurance Company 801 S Figueroa St #700,Los Angeles, CA 90017 310-649-0990 Blake A Pfister, A torney-in-fact Subscribed and sworn to this day of-' OV , 20). NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I -C-7 Agreement No. 5839 CAUFOFWL4 ALL4M)RPOU ACKNOWLEDMINM CIVIL CODE 1189 A notary pubk or cow ofter corrplatlng #6 coftate vwWw only the identity of the kdvkkW who sWW the dmmwnt to wt*b lift OwMate Is eWW, and not the it'll ft wwaw, or Y of that domorl State of California County of DjzdLqa On November 8, 2 before mo,,..,Lianne Nahina, Notary Public DW@ Here Insert Name and 7706 of the Officer personally appeared Blake A. Pfister Akwy*s) of Signa'l's) gm� ;;77.7770'"l I CA $Big, LIANNE NAHIN WNW. # 2134629 rTJ ORANGE COUNTY iy MYCC)MMEXP. DEC 5,2019 , �j3 NOTARY PUBLIC.CALIFORNIA $I - V I - fropi ELI WITNESS my hand and official seal. signature Signature of Notary Public Race ftfty SOW Above 1 1111.11 1 ''I'll, OPMNAL Though this section Is o0onal, completing Oils information can deter altembon of the document or fraudulent nwftchment of this form to an unintended document. Deacrobw of Affal Document TMG or Type of Documeft Bid Bond 11-327-284 DocunMjt Date. November 12, 2019 Number of Pages:_ ,1 Signer(s) Other Than Named Above: UZA_, None Cww#yP") Claimed by 54"wo Sil Narnw, . A, 1 a k e, A. Pfister ftners Nal -------- 0 Corpci Officer — Tftle(s),, r - I 0 ate Officer Itle(s), 0 Partner — 0 Umhed 0 General 0 Partner — 0 Limited 0 GeneraJ 0 Individual 0 Attorney In Fad 0 Individual 0 Attorney In Fact 0 Trustee 0 Guardian or Conservator 0 Trust" 0 Guardian or Conservator 0 Other. 11 Other. Signer Is Reprewiting: (I - S spee, i A 1 +- Nt Signer Is Representing:Insurance Company oIloploql Iloilo 1* 0 111 02014 National Notary Association - www.NatlonalNotwyorg - 1 -800 -US NOTARY (1-800-876.6527) Rem #5907 TOKIOMARINE IAY... ..(. . . ..t C Agreement Na. 5839 POWER OF ATTORNEY AMERICAN CONTRACTORS IND - EMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies'), do by these presents make, constitute and appoint: its true and lawful Attorneys) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed "'Five Million"' Dollars ( -15,000,000,00"" ). This Power of Attorney shall expire without further action on April 231d, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions, Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as IfIsigned by the President and sealed and effected by the Corporate Secretary, Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect 'to any, bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this I" day of June, 2018 AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATTP EC1ALJ1,4N§,URANCE COMPANY ,,§URETyOMPANY ul A� State of California A 5 S IV V County of Los Angeles Y 13 Daniel P. Aguilar, Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 1 st day of June, 2018, before me, Sonia 0, Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the, instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, 4 SOORREJO NotaryNIA Public -CACanfrwnfa LOS ""10 county r corr"1100- # 2239479 ) L Signature (seal,*0 CMM. Uplro Apt 23, i01 2 1, Kio Lo, Assistant Secretary American Contractors Indemnity Company,, Texas Bonding Company, United States Surety Company and Ll Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 12th day of November 9 Corporate Seals 11 —327-284 Bond No. A Agency No. 3074"r,' w' f l v,„” oYa'' " r , " au' Kio Lo, Assi&Secretary HCCSMANPOA05/2019 it hill 1 11' U1 b;i iiciii e infomail oiri, II IIIIIII II IIII IIIIIw IIII IIIIIIIIIIIIIIIIIIII mdltlpu '' 0Biu, a'11, — l I I;;;II o u I I Ill I IIII �`yrl�ler t'l.��ll wU. VVV�iiiii ilii CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT �! V State of, t'" ✓ I County ofii .�.._"� , On _................_.► " mY before me, ...... P:° . errpe,r,ii9 riMVr.._.. � _m......... �_ , � ( g "Jane Doe, C�oteri t'ut�Ri )� ersonall a eared Z personally pp Name(s) of Signer(s) personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. !7,*n,, nd and (ficial seal, b Sh<na re of Notary Pu,ubhc ....,.._.-....._..__,.______. _._.._---------OPTIONAL--..--...,..,....___....----- --------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: mm mITmm�_ �A ' _,, Document Date: ( , Number of Pages: 1-9 Signer(s) Other Than Named Above: f,,,"" -- Capacity(ies) Claimed by igner(s) Signer's Name: �._...._.... _.._ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: OMNI, Ml- ` Top of Thumb here Sign ❑ In6vidu ❑ Corporate (icer ❑ Title(s): ❑ Partner - ❑ Li ed ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conserva ❑ Other: Signer Is Representing: ❑ General Top of Thumb here Jlllluul�ulI 11611A, 1,11 lllili,uu, ,,.,,, 11111delldd,ipuouuduh6l'NAliWIilllllllllllllllllll�l1111111I'll lllllIll ill1 MINNIN111illllI'll , ,I111� I I I 1 11111 hl ill llllllll1 OIIIIIIIIIIII11III 11— Agreement No. 5839 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 1007195 Class No.: A, B, C -61/D34 2. The expiration date of BIDDER'S Contractor License is: September 30 .20 21 3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on 11/12 , 20 19, at Orange, CA (insert City and State where Declaration signed). Signature Richard Schultz Typed Name President (sole Officer) Title R.E. Schultz Construction, Inc. Company Name I -C-8 Agreement No. 5839 NON -COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (pursuant to Cal. Pub. Contract Code § 7106) The undersigned declares: I am the President (sole Officer) of R.E. Schultz Construction, Inc., the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 11/12/19 [date], at Orange [city], CA [state]." Dated this 12 day of November , 20 19 . Richards Schultz ......................................... Name President (sole Officer) Title Signature I -C-9 Agreement No. 5839 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: Title: Business Name: Business Address: Telephone Number: Dated this 12 R.E. Schultz Construction, Inc. President (sole Officer) R.E. Schultz Construction, Inc. 1767 N Batavia St. Orange, CA 92865 714 649-2627 day of November . 20 19 I -C-10 Agreement No. 5839 DESIGNATION OF SUBCONTRACTORS WASHINGTON PARK PLAYGROUND PROJECT PROJECT NO.: PW 19-29 Company Name: R.E. Schultz Construction, Inc. As detailed in Section 2-3.1 (Page II -B-3) of the City Standard Specifications, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one-half of one percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. _...._......... ..... . .-_ . .._.. ,._m..... ...................... _ ----- __ Description of Subcontractor's Portion of Name of Contractor Work Estimated $ Subcontractor Address License No. Subcontracted Amount _.._...- .-...._... ..... u ....._W ............... (Number and Street) (City, Zip Code) Roberton V 2414 West 12th St. Suite 5 667261 Recreational Surfacing $65,000.00 Tempe, ZA 85281 Surfaces .._,.._...................................... I ...................... _..... u. (Make copiethis page if dditional space is needed) �r 11/12/19 Sign dder Date I -C-1 1 Agreement No. 5839 REFERENCES Company Name: R.E. Schultz Construction, Inc. The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: 1. Project Title: Holly Valley Playground Project #PW 18-33 Location: 617 W Holly Ave, EI Segundo, CA 90245 City of EI Segundo 350 Main Street, EI Segundo, CA 90245 Name and address of owner Cheryl Ebert 310-524-2321 Name and current telephone number of person familiar with project Type of Work: Remove and replace playground equipment. Contract amount: $ 127I.294.00 Date completed: 6/25/19 Amount of work done by my/our firm under contract $ 127,294.00 Did your firm have any financial interest in Project? .......yes, General Contractor. 2. Project Title: Install District Provided Playground Equipment at Bruce ES Location: 601 W Alvin Ave, Santa Maria, CA 93458 Santa Maria Bonita School District Name and address of owner Matthew Beecher 805-361-8175 Name and current telephone number of person familiar with project Type of Work: Playground equipment installation. Contract amount: $ 138,740.00 Date completed: 3/19/19 Amount of work done by my/our firm under contract $ 138,740.00 Did your firm have any financial interest in Project? yes, General Contractor. ------------ I-C-12 Agreement No. 5839 3. Project Title: Installation od Playground System (3 sites) Location: Various schools within the District. ABC Unified School District 16700 Norwalk Blvd, Cerritos, CA 90703 Name and address of owner Jeff Anema 562-926-5566 x22418 Name and current telephone number of person familiar with project Type of Work: Playground installations. Contract amount: $ 189,319.00 Date completed:. jj.19....-.......... Amount of work done by my/our firm under contract $ ,189,319.00 Did your firm have any financial interest in Project? yes, General Contractor. 4. Project Title: Burnell MacDonald Park Improvement Project Location: 2516 W Alondra Blvd, Compton, CA 90220 City of Compton 205 S Willowbrook Ave. Compon, CA 90220 Name and address of owner Marvin Hunt 310-605-5576 Name and current telephone number of person familiar with project: Type of Work: Park playground improvements. Contract amount: $ 271,678.00 Date completed: 6/8/19 Amount of work done by my/our firm under contract $ 271,678.00 Did your firm have any financial interest in Project? yes, General Contractor. 5. Project Title: 2018-2019 Playground Improvement Project Location: Various oarks within the Citv. City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 Name and address of owner Kathryn Cho 949-644-3311 Name and current telephone number of person familiar with project: I -C-13 Agreement No. 5839 Type of Work: Playground Improvements (3 parks). Contract amount: 188,645.00 _ Date completed: 10/1/19 mm. Amount of work done by my/our firm under contract $ 188,645.00 Did your firm have any financial interest in Project? _,y_es, General Contractor. Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: Tokio Marine HCC 801 South Figueroa Street, Suite 700 Los Angeles, CA 90017 310-649-0990 I -C-14 Agreement No. 5839 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS WASHINGTON PARK PLAYGROUND PROJECT PROJECT NO.: PW 19-29 Company Name: R.E. Schultz Construction, Inc. Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government contract? Yes ❑ No 129 2. If yes, explain the circumstances: 3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive]? Yes ® No Bidder's Signal Richard Schultz Name (Please Print) I -C- 15 Agreement No. 5839 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] WASHINGTON PARK PLAYGROUND PROJECT PROJECT NO.: PW 19-29, Company Name: R.E. Schultz Construction, Inc. To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal "nonresponsive." Bidder's Signa, 11/12/19 Date I -C-16 Agreement No. 5839 END PROPOSAL SECTION I -C-17 Agreement No. 5839 IN 17-:11111 October 30, 2019 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for WASHINGTON PARK PLAYGROUND PROJECT PROJECT NO.: PW 19-29 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time is still Tuesday, November 12, 2019, at 11:00 am. The City received the following questions: 2. Ouestion 1: Is the City requiring the installation company installing the certified safety surfacing to be IPEMA Certified or just a member of IPEMA? a. City Answer: The City is requiring IPEMA Certified 3. Ouestion 2: Please provide the manufacture stated fall heights of all the new play equipment. a. Citv Answer: The maximum Critical Fall Height is 96 inches. 4. Ouestion 3: Please confirm the type of acceptable infill material. a. City Answer: The acceptable infill material Graded Dust Free Coated Silica Sand or Envirofill. 5. Ouestion 4: Detail C and D item 7 shows the turf being installed even with the paving/curb, it's recommended to install the nail board ''/2" below the top of paving/curb to minimize the infill from spilling over/out. Page 1 of 2 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 5839 a. Citv Answer: The play area edges are to be fully accessible and meet ADA requirements. No dimension is given on the details. Depending on the product and materials used the nail board location may vary in its exact location. Preventing fill from spilling out would be good as long as the accessibility is maintained. 6. The City received and reviewed an "or equal" submittal for TotTurf Pro Play Elite product. The product has been approved as an "or equal" product. Specifications for the product are attached. 7. Due to wildfires impacting local traffic on the date of the mandatory pre-bid job walk for this project, the City will hold another job walk on Tuesday, November 5, 2019 at loam at Washington Park. If bidders already attended the mandatory pre-bid job walk on Tuesday, October 29, 2019, at loam, they are not required to attend the second job walk. The purpose is to allow additional attendees view the job site and be allowed to bid (if qualified). As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non-responsive and subject to rejection. Signature: Date: 11/8/19 Print Company Name: R.E. Schultz Construction, Inc. Page 2 of 2 350 Main Street, EI Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 5839 November 6, 2019 ADDENDUM NO.2 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for WASHINGTON PARK PLAYGROUND PROJECT PROJECT NO.: PW 19-29 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time is still Tuesday, November 12, 2019, at 11:00 am. The City received the following questions: 2. t)uestion l : Please provide a copy of Proposal 19128 identified on construction note 13 on sheet 3. a. Citv Answer: Contact Nate at RecWest (818) 735-3838 for the play equipment proposal 19128. 3. Ouestion 2: Please provide survey of existing grade. a. City Answer: Existing site survey is attached. 4. Ouestion 3: Please provide controls for finish grade elevations for new DG walkway. a. City Answer: Controls are not available. 5. Ouestion 4: Please advise if the contractor is to include submittals from a licensed land surveyor. a. GN' Answer: Submittals from a licensed land surveyor are not required. Page 1 of 2 350 Main Street, EI Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 5839 6. Question 5: With the proposed DG walkway location, we are concerned that there might be drainage issues. Please advise. a. Citv Answer: No drainage issues are anticipated. 7. Question 6: Detail B on sheet 4 calls to provide 2x4 recycled plastic header board to match existing. Please provide specification and contact information to source the edge board. a. Citv Answer: 2 X 4 (1 '/z "x3 %") from Plastic Lumber Yard (610) 277- 3900, or Markstarr (603) 671-3341, or approved equal. 8. +question 7: Detail B on sheet 4 shows one edge of the DG walkway. Please provide a full cross-section of DG Walkway showing the maximum height differential from the existing grade. Also, indicate the maximum extent the subgrade beyond the 4' wide DG path has to be overexcavated / recompacted. a. Citv Answer: This information is not available. The successful bidder will need to provide grading recommendations for approval by the City prior to starting construction. 9. As related to qualification data (page V -A-1), the City will verify contractor or subcontractor manufacturer certifications prior to award. Playground manufacturer certification is a requirement of the project. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non-responsive and subject to rejection. Signature: Date: 11/8/19 Print Company Name: R.E. Schultz Construction, Inc. Page 2 of 2 350 Main Street, EI Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 November 7, 2019 ADDENDUM NO.3 to Agreement No. 5839 THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for WASHINGTON PARK PLAYGROUND PROJECT PROJECT NO.: PW 19-29 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time is still Tuesday, November 12, 2019, at 11:00 am. 2. For clarification, the project is being constructed outside of the Edison easement. Therefore, grounding of the equipment is not required. 3. For clarification, soils reports for this project were not prepared. 4. Previous addendums were missing attachments. Attachments are now included. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non-responsive and subject to rejection. Signature: Date: 11/8/19 Print Company Name: R.E. Schultz Construction, Inc. Page 1 of 1 350 Main Street, EI Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 5839 Q O v' Ste. o� O U N V U L/1 Agreement No. 5839 heck A License - License Detail -CSLB Page 1 of Agreement No. 5839 Home I Online Services I License Details OContractor's License Detail for License # 1007195 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted bylaw (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. ► Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. ► Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. ► Due to workload, there maybe relevant information that has not yet been entered onto the Board's license database. Business Information R E SCHULTZ CONSTRUCTION INC 1767 N BATAVIA ST ORANGE, CA 92865 Business Phone Number:(714) 649-2627 Entity Corporation Issue Date 09/10/2015 Expire Date 09/30/2021 This license is current and active. All information below should be reviewed. ► A- GENERAL ENGINEERING CONTRACTOR ► C -61/D34- PREFABRICATED EQUIPMENT ► B -GENERAL BUILDING CONTRACTOR License Status Classifications Bonding Information n tp://www.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=1007195 10/30/201 Registrations State of California Department of Industrial Relations (https.)X, ir.ca.govJ') ;Contractor Information Legal Entity Name Corporation Active 1000033385 07/01/19 06/30/21 1767 N. BATAVIA ST. ORANGE 92865 CA United States of America 1767N BATAVIA ST. ORANGE 92865 CA United States of America chelsea@reschultzconstruction.com R.E. SCHULTZ CONSTRUCTION, INC License Number (s) CSLB:1007195 CSLB:755160 Legal Entity Information Corporation Entity Number: Federal Employment Identification Number: President Name: Vice President Name: Treasurer Name: Secretary Name: CEO Name: Agemy for Service: Agent of Service Name: Agent of Service Mailing Address: Worker's Compensation R.E. SCHULTZ CONSTRUCTION, INC C3779421 RICHARD SCHULTZ Page 1 of 2 Agreement No. 5839 Back to DIR» (https://www.dir.ca.govn RICHARD SCHULTZ 1767 N Batavia St Orange 92865 CA United States of America Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email Insured by Carrier Policy Holder Name: R E SCHULTZ CONSTRUCTION, INC.; Insurance Carrier: insurance company of the west Policy Number: WSD 504757600 Inception date: 04/14/19 Expiration Date: 04/14/20 About DIR Who we are (https://www.dir.r-a gov/aboutdirhtml) DIR Divisions, Boards & Commissions (https://www dir.ca.gov/divisions_and_programs,html) Contact DIR (https://www.dir.ca.gov/Contactus.html) Work with Us Jobs at DIR (https://www,dir.ca gov/dirjobs/dirjobs.htm) Licensing, registrations, certifications & permits (https://www.dir.ca.gov/permits-licenses-certifications,html) Required Notifications (https://www.dirca.gov/dosh/Required-Notifications.html) Public Records Requests (https://www.dirca.gov/pra_request.html) Learn More Acceso al idioma (http:Hwww dirca gov//Bilingual-Services-Act/default html) Frequently Asked Questions (https://www.dir,ca gov/faqslist.html) Site Map (https://www,dir ca.gov/sitemap/sitemap,htmi) https:Hcadir.secure.force.com/ContractorSearch/registrationSearchDetails 10/30/2019 Agreement No. 5839 I I C) -77 Certificate of Amendment Of Articles of Incorporation The undersigned certify that: 1. They are the President and the Secretary, respectively, of RES ENTERPRISES, INC., a California corporation. 2. Article 1_ of the Articles of incorporation of this corporation is amended to read as follows: The name of the corooration is: R.E. Schultz Constructions Inc. 3. The foregoing amendment of Articles of Incorporation has been duly approved by the board of directors. 4. The corporation has issued no shares. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE:J-a),,) 5, 2-0145, Richard Schultz, Presi nt Richard Schultz Secret Senders Contact Information: Richard Schuitz 2914 E. Katella Ave #102 Orange CA 92867 714-649-2627 Entity #C3779421 AAR Ow 40 �=l Agreement No. 5839 00 4.1 cn ct C V Co) 7:1 4-J o CU cz Co)rn p� C� O ct Cue V a� L, r _ts O .. C O zv K07 O cq Q O ~