The URL can be used to link to this page

Home My WebLink AboutResolution - 5510 - Contract - Plains Builder Inc - Phil Hoel & Wheelock Park Playground Renovations - 06_12_1997Resolution No. 5510 Item #32 June 12, 1997 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and between the City of Lubbock and Plains Builders, Inc., of Amarillo, Texas, to install and furnish all materials and services as bid for the Phil Hoel & Wheelock Park Playground Renovations, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of June , 1997. c WINDY SIT N, MAYOR ATTEST: Kayt7 Darnell, City Secretary APPROVED AS TO CONTENT: ZZA V� Victor Kiln*, Purchasing Manager da/ccdocs/plainsres June 4, 1997 5516 CITY OF LUBBOCK SPECIFICATIONS FOR PHIL HOEL & WHEELOCK PARK PLAYGROUND RENOVATION BID #97097 z 0 Ln 0 Ca c z rm N Y ,W W V CITY of LUBBOCK Lubbock, Texas rrB #97097Addendm #1 City of Lubbock P.O. Box 2000 Lubbock. Texas 79457 606-767-2167 ADDENDUM #1 ITB # 97097 PHIL HOEL & WHEELOCK PARK PLAYGROUND RENOVATION MAILED TO VENDOR: April 30,1997 CLOSE DATE: May 8,1997 @ 2:00 P.M. Office of Purchasing The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any Item called for in the ITB documents Is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please find enclosed a revised Bid Submittal form. Bids are to be submitted on the attached sheets. 2. Please find enclosed a site location map. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be taxed to: (806)767-2164 or Email to: RShuffield@mall.d.lubbock.bc.us ZK YO P* Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 970978d1.dm City of Lubbock L Location Map ACTH 9TRRRT Oil It Z m > Wheelock Elementary F r 42ND STREET Wheelock Park ,l, 40 th & Elgin t . i > .- J 90'1'8 84REET I L OM m s s e�- x - -----� `` .'col` \ \ ��► —.\�� O % i C Playground location 93RD srREEs F a P -T ,MTN Phil Noel Park 91st & Chicago f r { I� 9 + C CITY OF LUBBOCK INVITATION TO BID t, FOR TITLE: PHIL HOEL & WHEELOCK PARK PLAYGROUND RENOVATION c ADDRESS: LUBBOCK, TEXAS i' BID NUMBER: 97097 PROJECT NUMBER: 9467.9246 CONTRACT PREPARED BY: PURCHASING DEPARTMENT is INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND i 5. PERFORMANCE BOND r j 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT e, 9. CURRENT WAGE DETERMINATIONS R ' 10. SPECIFICATIONS own 11. SPECIAL CONDITION NOTICE TO BIDDERS i NOTICE TO BIDDERS w BID #97097 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 8th day of May, 1997, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "PHIL HOEL & WHEELOCK PARK PLAYGROUND RENOVATION" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. �,. It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. is The City of Lubbock will consider the bids on the 12th day of June. 1997. at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to fumish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. r i i r l' I P . Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre -bid conference on 30th day of April, 1997, at 10:00 o'clock a.m., in the Purchasing Conference Room - L04, Lubbock, Texas Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 767-2281 at least 48 hours in advance of the meeting.. ITY OF LUBBOCK i� VICTOR KIL AN PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)767-21671Fax (806)767-2164. GENERAL INSTRUCTIONS TO BIDDERS rol' r 1� roo GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the PHIL HOEL & WHEELOCK PARK PLAYGROUND RENOVATION. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. PM* 1 3. PLANS FOR USE BY BIDDERS P" It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by 4 the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. BIDDER INQUIRIES' No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806)767-2164 5. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 45 (FORTY-FIVE) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within ,., the time specified. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 7. AFFIDAVITS OF BILLS PAID — The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the, t improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 8. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 9. GUARANTEES _ All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 10. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use — during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. +� 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES a It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a r, way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 1 14. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. e- 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume ¢ full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their i property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage t resulting from his blasting operations. ! 16. CONTRACTOR'S REPRESENTATIVE 0 The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. f- 17. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. { The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and — shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including'workers compensation coverage for each subcontractor. 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract . requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 1 (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. _ Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. N9. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, swom, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. F The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, i" workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. r 20. PROVISIONS CONCERNING ESCALATION CLAUSES r Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 21. PREPARATION FOR BID The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be property certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 22. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. ( 6) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 23. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the bidders qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. BID SUBMITTAL BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: DATE: PROJECT NUMBER: BID #97097 - PHIL HOEL & WHEELOCK PARK PLAYGROUND RENOVATION Bid of �L,,� �rJ3l� R� �`�- (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a L — n 0 fob 19-701 having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the Intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses Incurred in performing the work required under the contract documents. .. BASE BID #1: PHIL HOEL PLAYGROUND: Perform all demolition, and legal disposal of existing concrete, railroad ties, playground equipment, play surface and all obstructions as shown on the plans or where directed by owner. Perform approved earthwork and grading Including all cut and fill material. FumIsh and install all playground equipment, footings, concrete walks, ramps, #5 gravel play surface, and all safety tile surface material. Shall Include all work as shown on plans and described in the specifications, including materials, equipment, labor, tools, supervision, and all incidentals necessary for a proper and complete installation in place. ob MATERIALS: ($ 1-7 fpd) ) SERVICES: ($ Z s_�S ) nn IT TOTAL BASE BID #1: Y.o,r �, + m .•c�,.P ..�.v��.- ($ d. Z Sf�S ) BASE BID #2: WHEELOCK PLAYGROUND: Perform all demolition, and legal disposal of existing concrete, border walk, playground equipment, play surface, volleyball court, and all obstructions as shown on the plans or where directed by owner. Perform approved earthwork and grading Including all cut and fill material. Furnish and install all playground equipment, footings, j' concrete walks, ramps, #5 gravel play surface, and all safety tile surface materials. Shall include all work as ll shown on plans and described in the specifications, including materials, equipment, labor, tools, supervision, and all Incidentals necessary for a proper and complete installation in place. MATERIALS: r SERVICES; TOTAL BASE BID #2: TOTAL BASE BID ITEMS #1 ALTERNATE BID 91: 0 s,. Furnish and install one (1) Spiral Slide at each park site, as described In specifications, or where directed by owner. (Alternate bid #1 will deduct the stainless steel slides from bids #1 & #2 and replace with a 360 degree plastic slide). Shall include all preparation, material, equipment, labor, tools, supervision and Incidentals. MATERIALS: 7 1. SERVICES TOTAL ALI r 7 ALTERNATE BID #2:: Furnish and install grass seeding as described In specifications, or where directed by owner at Phil Hoel and Wheelock Park. Shall include all preparation, material, equipment, labor, tools, supervision, incidentals complete In place as required for a proper and complete Installation in place at each park site. ,,. MATERIALS: ($ SDt� t e�o�nn�c. IG CdrY£l� 7 TOTAL ALTERNATE BID k (Amount shall be shown In both words In case of discrepancy, the amount shown In words shall govem.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified In a written , "Notice to Proceed" of the Owner and to fully complete the project within 45 (FORTY-FIVE) consecutive calendar days thereafter as stipulated In the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $200 (TWO HUNDRED) for each consecutive calendar day In excess of the time set forth hereinabove for completion of this project, all as more fully set forth In the general conditions of the contract documents. /r Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with Instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days 7 after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the r plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially compiete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check Issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter Into a contract and execute ail necessary bonds (if required) within (ten)10 days after notice of award of the contract to him. Pon Enclosed with this bid is a Cashier's Check or Certified Check for k Dollars ($ ) or a Bid Bond in the sum of Dollars which It Is agreed shall be collected and retained by the Owner as liquidated damages In the event the bid Is accepted by the Owner and the undersigned falls to execute the necessary contract documents and the required bond (If any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and Include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Authorized Signature Tim Koetting (Printed or Typed Name) Plains Builders, Inc. Company 7110 Canyon Drive Address Amarillo Randall City, , TX C 79109-7002 State Zip Code Telephone: 806 - 355-8191 Fax: 806 - 354-0112 F(Seal If Bidder is a Corporation) r ATTEST: P. Secretary r BID BOND AETNA CASUALTY & SURETY COMPANY OF AMERICA Hartford, Connecticut 0a156 KNOW ALL MEN BY THESE PRESENTS, That we, Plains Builders, Inc. Amarillo, Texas Bond No. as Principal, hereinafter called the Principal, and AETNA CASUALTY & SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock, Texas r the sum of Five Percent Of The Total Amount Bid*** w as Obligee, hereinafter called the Obligee, in Dollars ($ 5 % ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by e these presents. r- 3 WHEREAS, the Principal has submitted a bid for Phil Hoel & Whelock Park Playground Renovation #97097 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee In accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 8th day of May -- (Vvlbwm) t L ! (1Mtness) ,19 97 . Plains Builders, Inc. (Principal) (Seal) 1 P t ('title) AETNA CASUALTY & SURETY C ANY OF AMERICA • ame ve T , ( mey -Fact) Printed in cooperation with the American Institute of Architects (AIA) by Aetna Casualty & Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. s-1869-G-/ (2-95) . -AETNA CASUALTY & SURETY COMPANY CF AMERICA Hartford, Connecticut 06156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYISI-IN-FACT KNOW ALL MEN BY THESE PRESENTS. THAT AETNA CASUALTY & SURETY COMPANY OF AMERICA, a corporation duly organized under the laws of the Stets of Connecticut, and having its principal office In the City of Hartford, County of Hartford. State of Connecticut, bath made, constituted and appointed, and does by these presents make, constitute and appoint Lee Napier, Dan B. Flemming, William L. Hamilton, Jr. , John W. Murray, James J. Bovenzi or Susan Hicks - - of Amarillo, Texas , its true and lawful Attorneys -in -Fact. with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated , the following instrumentlsl: by his sole signature and W. any and all bonds, recognizences, contracts of Indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any and all consents Incident thereto not exceeding the sum of FIFTY MILLION (E50,000,000.00) DOLLARS - i sndto bind AETNA CASUALTY& SURETY COMPANY OF AMERICA. thereby as fully and to the sameWent as Ifthosame were signed by the duly authorized officers of AETNA CASUALTY & SURETY COMPANY OF AMERICA, and all the acts of said Attorneys -In -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment Is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED: That each of the following officers: President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents. Resident Assistant Secretaries, Artomeys-in-Fact, p. and Agents to act for and on behalf of the Company and may give any such appointee such authority as his or her certificate of authority may prescribe to i sign with the Company's name and seal with the Company's seal bonds, recognizance). contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him or her. '1e VOTED: That any bond. recognizance. contract of indemnity, or writing obligatory in the nature of a bond. recognizance. or conditional undertaking shall k be valid and binding upon the Company when let signed by the President, an Executive Vice President, a Senior Vice President, a Vice President. an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authorityof such Resident Vice President, and duly @nested and sealed with the Company's seat by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or 11bl duly executed (under seal, if squiredl by one or more Attorneys -in -Fact pursuant to the power prescribed in his or her certificate or their certificates of authority. This Power of Attorney and Certffkate of Authority, to signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of AETNA CASUALTY & SURETY COMPANY OF AMERICA which Resolution is now In full force and affect: r VOTED: That the signature of each of the following officers: President. Any Executive Vice President, Any Senior Vice President, Any Vice President. Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and anesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or cenificate bearing such facsimile I"" signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AETNA CASUALTY & SURETY COMPANY OF AMERICA has caused this instrument to be signed by its Vice President, and its corporate seal to be hereto affixed this 1st day of November . 19 95 AETNA CASUALTY & SURETY COMPANY OF AMERICA ! •-Ot es/ dAA.et State of Connecticut I Terry F. L ikow as. Hartford Vice President County of Hartford On this 1St day of November .19 95 , before me personally came TERRY F. LUKOW to me known, who, being by me duly sworn, did depose and say: that he/she is Vice President of AETNA CASUALTY &SURETY COMPANY OF AMERICA, the corporation described in and which executed the above instrument; that helshe knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal: and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. � � ►� - Mr cawnrsr.o� PMMI wrpun )1, N9e 1r°rary h.bie Dorothy L Marti I CERTIFICATE 1, the undersigned, Assistant Secretary of AETNA CASUALTY & SURETY COMPANY OF AMERCIA, a stock corporation of the State of Connecticut. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full lorce and has not been revoked; and furthermore. that the Standing Resolutions of the Board of Directors. as set forth in the Certificate of Authority, are now in force. om an Signed and Sealed at the Home Office of the Cin the City of Hartford. State of Connecticut. Dated this 8th day of I 9 Company, May . 19 97 By 12v� :` Jt Rose Gonsoulin ✓� Assistant Secretary 57sz717-95t r, r k r LIST OF SUBCONTRACTORS Minority Owned Yes No t" f 1. ❑ ❑ 2. ❑ 0 3. ❑ ❑ 4. 0 0 5. ❑ 0 i� 6. 0 0 7. 0 0 !� s. 0 ❑ s. 0 0 10. ❑ ❑ r PAYMENT BOND BOND CHECK BEST RATING UCEN D IN TEXAS DATE � 8Y 4 u� _ STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE i . (CONTRACTS MORE THAN $25,000) KNOW ALL ALIEN BY THESE PRESENTS, that P1 a i ne 1101 dprs , Tnc _ (hereinafter called the Principal(s), as Principal s), and Aetna asualty & Surety Company of America (hereinafter called the SureWMerjs ftRM jARnd §jTlyNN8�i fto the CRY of Lubbock (hereinafter called the Obligee), in the amount of i x t�iS4.x an o 'i� i* liars ($, 95 , 666.09lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the°Obligee dated the 12th day of June ,1e 97_.to Bid #97097 - Phil Hoel & Wheelock Park M ayprounFRenovation ` F A4 and said Principal under the law is required before commencing the work provided for in said contract to exeWe a bond In the amount of said contract which contract Is hereby referred to and made a part hereof as fully and to the same extent 1 as If copied at length herein. NOW, THEREFORE. THE CONDITION OF THIS OSUGATION IS SUCH, that if the said Principal shall pay all Jclaimants supplying labor and material to him or a subcontractor In the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabirties on this bond shall be determined In accordance with the provisions of said Article to the same extent as If It were copied at length herein_ 23rd IN WITNESS Vi(HEREOF, the said P�cipat (s) and Surety (s) have signed and sealed this instrument this day of June 19 Ant eCggalty & Surety Company Plains Builders, Inc. Surepl.., Principal By. (Tide) U Ic. e. Pr en By: (title) By: (Title) fi• I The undersigned surety company represents that it is duly Qualified to do business in Texas, and hereby designates : *'.:. - an agent resident In Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. 'M *John B. Shropshire, Jr. Aetna Casualty & Surety Comnany surety. erica �-fir - • r• .: (Tttla Atto n -In-Fact �- Approved as to form: City o ck l r- ay: Ci omey 4 ' ` Note: If signed by an officer of the Surety Company there must be on rile a certified extract from the by-laws showing r that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power.of J attorney for our files. 17 is r r ' , e • ' 'AETNA CASUALTY & SURETY COMPANY OF AMERICA Hartford. Connecticut 06156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYIS)4N-FACT KNOW ALL MEN BY THESE PRESENTS, THAT AETNA CASUALTY & SURETY COMPANY OF AMERICA. a corporation duly organised under the laws of the State of Connecticut, and having its principal office in the City of Hartford. Countyof Hartford. State of Connecticut, hath made, constituted and appolmocL POP and does by these presents make, constitute and appoint Lee Napier, Dan B. Flemming, William L. Hamilton, Jr., John W. Murray, James J. Bovenzi or Susan Hicks - - Flo of Amarillo, Texas its true and lawful Attomeysan-Fact. with full power and authority hereby conferred to afgrl, execute and acknowledge, at any place within the United States. or, if the fallowing line be filled k% within the area there designated . the following instrumertt(s): by his sole signature and act, any and all bonds, recognizances, contracts of indemnity, and otherwritings obligatory in the nature of a bond recognizance. or conditional undertaking, and any and all consents incident thereto not exceeding the sum of FIFTY MILLION ($50,000,000.00) DOLLARS - and to bindAETNA CASUALTY & SURETY COMPANY OF AMERICA. thereby as fully and to the same extent as Nth@ same were signed bythe duly authorized officers of AETNA CASUALTY & SURETY COMPANY OF AMERiCA. and all the acts of said Attameysan-Fact. pursuant to the authority herein given, we hereby ratified and confirmed rThis appointment is made under and by authority of the following Standing Resolutions of said Compamrwhich Resolutions are nowin full force and affect VOTED: That each of the fallowing officers: President. Any Executive Vitro President. Any Senior Vice President. Any Vke President, Any Assistant Vke President. AnySeeretary,AnyAssistant Secretary, may from time to time appoint ResidentVice Presidents. Resident Assistant Secretaries.Attomeys-in-Fad• and Agents to act for and on behalf of the Company and may give any such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds. reeognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him or her. VOTED: That any bond, recognizance, contract of Indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking &hall be valid and binding upon the Companywhen (a) signed by the President, an Executive Vice President. a Senior Vice PresiderrL a Vice President. onAssistant Vice President or by s ResidentVice President, pursuant to the power prescribed in the certificate of outhorityof such Resident Vies President. and dulynnested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed M the certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, N requiredl by one or more Attorneys -in -Fad pursuant to the power prescribed in his or her certificate or their certificates of authority. This Power of Attorney and Certificate of Authority Is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of AETNA CASUALTY & SURETY COMPANY OF AMERICA which Resolution is now in full farce and affect: VOTED: That the signature of each of the following officers: President. Any Executive Vice PresidenL Any Senior Vice President. Any Vice President, Any Assistant Vice President. Arty Secretary. Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Via Presidents. Resident Assistant Secretaries or Attorneys -in -Fad for purposes only of exerting and attesting bonds and undertakings and other writings obligatory In the nature thereof• and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shalt be valid and binding upon the Company and say such power to executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AETNA CASUALTY & SURETY COMPANY OF AMERICA has caused this Instrument to be signed by its Vice President, and its corporate seal to be hereto affixed this 1st day of November , 19 95 AETNA CASUALTY l& SURETY -COMPANY OF AMERICA By I �- State of Connecticut 1 Terry F. Lukow r as. Hartford Via President County of Hartford J On this 1st day of November , 19 95 , before me personally came TERRY F. LUKOW to me known, who, being by me duly swom. did depose and say. that he/she is Vice President ofAETNA CASUALTY& SURETY COMPANY OF AMERICA. the corporation described In andwhkh executed the above instrument that he/she knows the seal of said corporation; that the seat affixed to the said instrument is such corporate seat: and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. • . My ceiii.wMi— a.prw A qua 71. IVA Nou V hbdc • ��.�` • Dorothy L. Marti c CERTIFICATE L the undersigned. Assistant Secretaryof AETNA CASUALTY & SURETY COMPANY OFAMERCIA, a stock corporation of the State of Connecticut.f0 HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains In full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford. State of Connecticut. Dated this 2 3 rd day of June • 19 97 •�, By Rosa Gonsoulin • ` „�� Assistant Secretary S-242217.951 PERFORMANCE BOND BOND CHECK BEST RATING UCENS D TEXAS DATE BY 1 r� STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Plains Inc. KNOW ALL MEN BY THESE PRESENTS, thatBu i 1 de rs , (hereinafter called the Principal(s), as Principal(s), and Aetna Casauity & Surety Comoanv of,America nereinauer caneu tie cur na oaunu unto the Obligee), in the amount of u d ty 8 la0** Dollars (S: United States for the payment whereof, the said Principal and Surety bind themse executors, successors and assigns, jointly and severally. firmly by.these presents. Iawful money of the heirs, administrators, WHEREAS, the Principa has eWi; d Into a certa( written contract with tie Obli ee, dated the 12 %y of June 199�to 1 #97097 - �'hil Hoe] & Wheelock nark layq=nd Renovation i3and said principal upder the law Is required before commencing the work provided for In said contract to execute a bond in the amount of said contract which contract Is hereby referred to and made a part hereof as fully and to the same extent r as if copied at length herein. NOW. THEREFORE, THE CONDITION OF THIS OBUGATION IS SUCH, that If the said Principal shall faithfully perform the work In accordance with the plans. specifications and contract documents, then this obligation shall r' be void; otherwise to remain In full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the �., Texas Government Code, and all liabilities on this bond shalt be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein_ i IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this Instrument this 3rd day of june. 19 97. Aetna asua7ty &urety -compaRy of America Plains Builders, Inc. Suretk Principal B . Z By: (Title) tto neyI n- act (Tine) u ice �'res en r- By: L (Title) •� By: (Tide)Art 1 F � 1 y 6 t`I r T i r The undersigned surety company represents that It Is duly qualified to do business in Texas, and hereby designates.-*f,- ;-� �g ident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be d in matters arising out of such suretyship. r' *John B. Shropshire, Jr. Aetna Casualty & Surety Company �( Su^of America r � -CT Alt �Att y-In-Fact Approved as to Form City of Lubbock YcitkAftorney • Note: If signed by an officpr of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. if signed by an Attorney in Fad, we must have copy of power of attorney for our files. , r� • r� r r� C • r� r � ' r= b� r F i� t r i 4 P CERTIFICATE OF INSURANCE t r t. r' 4 i. t. 06/24/97 09: 20 U806 376 5136 HRH INS I Vi UU1 Alp"4111D. CERTIFICATE OF INSURANCE 12/04/96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH of Amarillo ONLY AND CONFERS NO RIGHTS UPON. THE CERTIFICATE 1800 Washington, Suite 400 RTISCCVRInm AE MEOUDC AHLOTLEDR HHORDODS BOTHE80tBNED OW. P 0 Box 1149 COIAP4N;E5 AFFQRq1NG COVERAGE Amarillo, TX 79105-1149 COMPANY AUnited States Fidelity & Guaranty Co INSURED Plains Builders, Inc. ANY COEMPTexas Workers Compensation Ins. Fund 7114 Canyon Drive P. O. Box 7008 COMPANYC Amarillo, TX 79114 COM16ANY THIS IS TO CERTIFY THAT THE POLICIES OF MURANCE LISTED BELOW HAVE ISSUED TO THE IN NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDNC ANY RMUW-kAENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER D=AIENT WITH RESPECT TO WHICH THIS CEHTrr-ATt MAY 5L ZSUEV OR MAY PER(AIN, THE INSURANCE AFFORDED by THE POLICES DESCRIBED HEREIN 8 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COINDJITIONS OF SUCH POLICIES. LR4ffS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPECFI LTRI NSURANCE PQUCYNUMBER FOUCY EFFECTIVE POLICY E)MRATKMI CATE(MWOOrM VATE(MWOONY)LIMITS • GENERAL LIABIUTY ITC14904525900 112/01/96 12/01/97:'GENERALAGGREGATE &2.000,000 PA DucTs-compiop ^ae s2 , 0 0 0 kQ 0. X);wl MERCIAL GENERAL LIABILI CLAIMS MADE OCCUR —WNEKS PERZONAL 4 ADY INJURY 31 , 0 0 0 0 Q 0 It CONTRACTOR'S 9,5 PRO EACH OCCURRENCE . 21. 000 000 FIRE DAMAGE (Anyone lbre) S5-0.,..o 0 0 ME 0 EXP Ony one person) 155 , 0 0 0 • Au'romosix uAwLm lTB13150826700 12/01/96 12/01/97 ANT AUTO COMBINED SINGLE LIMIT IS1, 000, 000 BOOLYINJURY ALL OWNED AUTOS ;S GCHEDULEDAUTCS (par psrsw) MIREDAUTOS BOWLYINJURY 9 I%JQIy-QWI4hV AUTOS p'eracCIcentl 9 PROPERTY OAMAGE GARAGEUADIIJITY jAUTOONLY-EAACCIDENT 9 ANT AUTO [OTHER THAN AUTO ONLY: JACMACCIDENT .3 AGGREGATE S A EXCESS LIABILITY ULC:14551541400 12/01/96 12/01/97 EACH CCCURRENCE 62,000 1-90 UMARELLAFORM AOOAEOATE A2 000 , 000 . CTN;:R THAN UMRAELLA FORM WORKERS COMPENSATION AND !TSF0001053095 12/01/96 12/01)97 STATUTORY LIMITS 9MPLOUFWLIADJUTY EACHACCIDENT S50.0,000 OTSEASE-POLICY LIMIT THE PROPRIETOR/ X I INCL PAIRrNEnSlEXECUTIVE $500 OFFICERS ARE: EXCL DIGRAM EACH EMPLOYEE $500, 000 OTHER DESCRIPTION OF OPIERATIONrdLOCATMNOMEMICLESWECIAL HEMS Project: Phil Hoel & Wheelock Park Playground Renovation Certificate holder is listed as an additional insured on General Liability (See Attached Schedule.) CERTIFICATE HOLDEW. &MOULD ANY OF THE ABOVE DESCRIBED MM= BE CANCELLED BEFORE THE City of Lubbock EXPIRATION DATE THEREOF, THE MWING COMPANY WILLENDEAVOR TO MAIL Attn: Purchasing Department 'An DAY&WRIMIEN NOTICIZ TO THE CERTIFICATE HOLDER NAMED To THE an, P. 0. Box 2000 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ODUGATMN OR LIABILITY Lubbock, TX 79457 OF ANY 0 PON THE CCWPAW!OTG AGENTS OR REPRESMATrVES IACORD25-SP93)1 at2::--. 1575 A 0RPORATION im -,CO 06/24/97 09:21 ViOO 376 5136 HRH INS 10002 DESCRIPTIONS (Continued from page and Auto Liability policies. A waiver of Subrogation in favor of the Certificate holder is listed on the General Liability, Auto Liability and Workers Compensation policies. r i. r r 1 r M26:2(3193j2 of 2 -: # M!575 06/24/97 09:21 0806 376 5136 HRH.INS 10 003 l ittle CER TI'FtCATE OF INSURANCE.. DATE (MM/00lYY) ....... 12/04/96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH of Amarillo . ONLY AND CONFERS Na RIGHTS UPON THE CERTIFICATE 1800 Washington, Suite 400 g HOLDER. THIS CERTIFICATE DOES NOT AMEND, EMNO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 1149 COMPANIES AFFORDING COVERAGE --'—l�- Amarillo, TX 79105-1149 CO>»paltr AC�reat American Insurance Companies __�__- INSURED -^--. Plains Builders, Inc. _ _._.._.�. -COMI'AN► B 7114 Canyon Drive - P . O. Box 7008 C"�`Y Amarillo, TX 79114 - COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMEO ABOVE FOR THE POLICY KAI= W011 ATEO. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHK;I THIS CERTIFICATE UAY BE ISSUED OR MAY PERTAK THE INSURANCE AFFORDED BY THE POLIMS DESCAISED HEREIN IS SUBJECT TO ALL THE TEiR<vtS, EXCLUSIONS AND CONOIi'1M6 OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAUS. CO TYPE OFINBURANCE POLICYNUMBER LTA POLICYEFFECTNE UCYEXPIRAT)ON LIMITS DATE(MMIDDIYY) DATE(MNVDDIYYI �GEkEIiALLUIBiLfiIY AL AGGREGATE S COMMERCIAL GENERAL LIAEL PRODUCTr.-COMPIOPAG6 S CLAIM.: MADE , OCCUR PERSONAL t ADV INJURY t EACH OCCVRRENCE S OWNER'S L CONTRACTOR'S PROI FIRE DAMAGE OMS 1"JIS MEOC'XP(Anyeneperson) Is AUTOMOBIIZ LIABILITY COMBINED SINGLE LIMIT S ANY AUTO I ®DOILY INJURY w_ III ALL OWNED AUTOS , ( SCMEDULEOAUTOS . Q'erperson) OOOILY INJURY S HIRED AUTOS f NON-OWNEDAVTOS ¢'araceVdent) _ + •� IPROPERTT DAMAGE S GARAGE LIABILITY AUTO ONLY -EA ACCIDENT IS ANY AUTO I OTHER THAN AUTO ONLY' EACH ACCIDENT 't AGOREOATE IS I ACMO CURRENCE �.LAFORM AGOREGATES �S=IUTY 3 HAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS LIABILITY EACH ACCIDENT_ S DISEASE-POLICYLtM1T t THEPROPRIETORI INCI. PARTNERSIEXECUTIVE OFFICERSARE: EXCLI DISEASE -EACH EMPLOYEE 4 Is A OTHER "All Risk" I TIM711371205 12/01/96712/01/97 $750,000 Any Project uilders Risk $1,000 Deductible DESCRIPTION OF OPERATIONSILDCATIONSPJEKCLESPWEML ITEMS Project: Phil Hoel & Wheelock Park Playground Renovation Certificate holder is listed as an additional insured on General Liability (See Attached Schedule.) CERTIFICATE MOGDER..... .:. .:.. ..,.. ` .... :.:..INCELCATRON ; -:. .:..... .:..... . . SHOULD ANY or THEABOVE DESCRIBED rOLKAES BE CANCELLED BEFORE THE City of Lubbock EXPIRATION DATE THEREOF, THE ISSUWGCOMPANYWILLENDEAVORTOMAIL Attn: Purchasing Department _ID_ DAYS WWTTENNOTICE TOTHECERTIFICATE 14OLOMNAMED TOTHELEPT, P. 0. BOX 2000 BUT FXUMTOMAILSUCHNOT=B NO OBLIGATION OR LIABILITY Lubbock, TX 79457 OF A NOUPON TH AGENTS OR REPIRLESUNTATM& AUTMO FSE T ACORD 25.8 o A(:dAD CORPOiiAT10N 19 s `06/24/97 09:22 U606 '376 5136 HRH.INS C 004 DESCRIPTIONS (Continued from page-l.j and Auto Liability policies. ` A waiver of Subrogation in favor of the Certificate holder is listed on the General.... Auto Liability and E Workers Compensation policies. -- 2:PM)2 of 2 #S36824M1577 F CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract �^ I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by r� contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. ., Agent (Signature) E �., Name of Agent/Broker: Address of Agent/Broker: r City/State/Zip: Agent/Broker Telephone Number: r Date: Agent (Print) CONTRACTOR'S NAME: 4 (Print or Type ) r- CONTRACTOR'S ADDRESS: NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806)767-2165. BID #97097 - PHIL HOEL & WHEELOCK PARK PLAYGROUND RENOVATION r- CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (' (2) provide a certificate of coverage showing workers' compensation coverage to the govemmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; �^ (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental �.., entity will have on file certificates of coverage showing -coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: I REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or �,. to report an employer's failure to provide coverage." and e. (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services.[] p� G 6 d CONTRACT r, r r r pop E CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered Into this 12th day of June,1997 by and between the City of Lubbock, r' County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Plains Builders, inc. of the City of Amarillo, County of Randall and the State of Texas hereinafter termed CONTRACTOR. WiTNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain Improvements described as follows: BiD #97097 - PHIL HOEL & WHEELOCK PARK PLAYGROUND RENOVATION . $95,666.00 and all extra work In connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, Insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR In current funds for the performance of the contract In accordance 7with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. A T: Secreta APPROVED AS TO CONTENT: W"A" Owner's presentative APPROVED• •-� r, , .. c►i � �J L�� . . - — ttoi ATTEST: Corporate Secretary CI UBBOCK,�(O_WNER) By: tA MAYOR CONTRACTOR: PLAINS BUILDERI, INC. By: PRINTED NAME. 1 w+ a e ' ', ✓t a TITLE: 01 G Ppc s i t e n — COMPLETE ADDRESS: Plains Builders, Inc. 7110 Canyon Drive Amarillo, Texas 79109-7002 r r r r GENERAL CONDITIONS OF THE AGREEMENT i.., r 1. OWNER 2. r 3. 4. 5. F GENERAL CONDITIONS OF THE AGREEMENT Whenever the word Owner, or the expression Party of the First Part, or First Party, are used In this contract, it shall be understood as referring to the City of Lubbock, Texas. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to wit Plains Builders, Inc. who has agreed to perform the work embraced in this contract, or to his or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative Is used in this contract, it shall be understood as referring to, City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and CRAIG WUENSCHE, LANDSCAPE ARCHITECT. who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act In any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement Of any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. INTERPRETATION OF PHRASES Whenever the words "Directed," *Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like Import are used, It shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is Intended; and similarly, the words "Approved," *Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is Intended, or If delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, Insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, If required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described In words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility Is in a condition to serve Its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at — Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work In accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work Is proceeding In accordance with the contract documents. He will not be required to make exhaustive or continuous onsite Inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies In the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be fumished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractors expense. r 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on the contract, and to any rights of the Contractor to receive any money under this contract. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. 15. SUPERINTENDENCE AND INSPECTION F, It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall ►"' furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and ^„ instructions are consistent with the obligations of this Agreement and accompanying plans and specifications I provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. t" 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall r keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be bome by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work `required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and _. it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish — Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be bome by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. r #+p Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action ?� contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for r-a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make r such changes or alterations as shall make useless any work already done or material already furnished or used in s said work, then the Owner shall recompense the Contractor for any material or tabor so used, and for any actual loss occasioned by such change, due to actual expenses Incurred in preparation for the work as originally 1•- planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. ` It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the i compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily 1" incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. • DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in r Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. " 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of i Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and cant' at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $150,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage �., Personal Injury ` Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $150,000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $150.000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles, The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance Policy The Contractor shall obtain a Builder's Risk policy in the amount of 0.00% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: Certificate of coverage ("certificate') - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (7WCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. — Persons providing services on the project ("subcontractor" in 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the _ project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractors current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; t and !'- (2) a new certificate of coverage showing extension of coverage, prior to the end of r the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; r (e) ' retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 1'" (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. ^' (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. _- (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; r i t�* (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the govemmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (i i) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation Insurance. This Includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive Information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (i1) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; _ (v) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; -- (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as _ required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES — Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such _ individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND —' FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify'and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. t'■ 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to P-- the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. P 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING r The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to r; the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $200 (TWO HUNDRED) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into $ consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. 1. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF TIME The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then consider such written request and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be _ made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ c r 39. 40. 41 42. somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for fumishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terns of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. -- 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31 st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK r' Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT WITHHELD ~ The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. r I 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of P" the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the 1 Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. ! After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or r" another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore 4 (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner, or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. 4 When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A r„ complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct g shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the i. Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly —' abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds _ $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, ...E or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. ' 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested r` in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at r" the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. I G. t*' I CURRENT WAGE DETERMINATIONS 9 Resolution No. 5121 March 14, 1996 Item #19 RESOLUTION is WHEREAS, the City Council has heretofore established the general prevailing rate of j per diem wages for each craft or type of workmen or mechanics needed to execute public `i works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 1 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by j Resolution No. 2502 enacted January 8, 1987; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: i !; THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate i Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 14th ATTEST: Betty M. Anson, City Secretary APPROVED AS TO CONTENT: `_w6w a4el� - -_ Mary AndrYws, Managing Director of Human Resources APPROVED AS TO FORM: a old Willard, Assistant City Attorney H W : da/ccdocs/pubwor ks. res February 14. 1996 2 r" r r IT A City of Lubbock Building Construction Trades Prevailing Rates r' Craft Acoustical Ceiling Installer �,. Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor e ; Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light C" Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker r" Laborer -General 1 Mortar Mixer Painter r' Plumber Plumber -Helper Roofer 7 Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper f Welder -Certified Oudy Rate 10.00 11.00 5.50 8.00 11.00 11.00 6.00 11.00 6.00 7.50 10.00 13.00 6.00 8.50 7.50 8.50 8.00 9.00 5.50 8.00 5.50 5.50 9.50 10.50 6.00 8.00 5.50 8.75 5.50 10.00 I i EXHIBIT B T` Paving and Highway Construction Prevailing Wage Rates r i' Craft Hourly Rate f Asphalt Heaterman 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 r Flagger 5.50 Form Setter 6.50 Form Setter -Helper 5.50 t Laborer -General 5.50 Laborer -Utility 6.25 Mechanic 7.25 f Mechanic -Helper 5.50 c Power Equipment Operators Asphalt Paving Machine 7.00 Bulldozer 7.00 Concrete Paving Machine .7.00 " Front End Loader 6.50 Heavy Equipment Operator 7.00 rr Light Equipment Operator 6.50 Motor Grader Operator 8.50 r" Roller 6.00 . Scraper 6.50 Tractor 6.50 r' Truck Driver -Light 6.00 Truck Driver -Heavy 6.50 i r r FJClMIt C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT D Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. SPECIFICATIONS Phil Hoel & Wheelock Park Playground Renovation r Parks Capital Project Parks & Recreation Department City of Lubbock, Texas SECTION 01 SUMMARY OF WORK I. General A Scope of Project 1. Contractor shall supply all supervision, perform all work, furnish r- all labor, tools, materials, equipment, and incidentals necessary to r fully and properly perform all work at each park site listed above, and as described in the plans and specifications. All construction and other work shall be completed in accordance with all governing codes and ordinances, with the best engineering and construction practices, including material mfrs. recommendations for installation and workmanship, for the skill or trade involved. l Playground construction, equipment, installation, and demolition shall be furnished by contractor. 2. We request that your proposal be made in conformance with the guidelines contained in the specifications and on all plans. The contract will be awarded to the company with the proposal determined to be the most advantageous to the City of Lubbock. ` 3. Work shall be performed in such an order that the remaining park �., amenities do not suffer due to the work being performed in the playground. Owner shall flag existing irrigation heads in the area, and remove any irrigation heads prior to the demolition and construction that interfere with the design. When completion of the construction is final, the final utility work will then be completed. B Work Included: r' 1. Section 02 - Product Substitution 2. Section 03 - Earthwork and Grading 3. Section 04 - Plant Material 4. Section 05 - Concrete Work 5. Section 06 - Safety Surface Material 6. Section 07 - Park Equipment C Additional Information 1. All information under General Instructions To Bidder and General Conditions of Agreement apply to this section. 2. These plans and specifications were prepared by the Parks Department (which shall be called Owner). Contractor shall r... contact owner to verify all construction stakes for location of concrete at project sites before any installation. r- 3. Bidder shall be prepared to send owner a price breakdown of any and/or all items he has bid on. Price breakdowns will only be requested after the bid opening has taken place. II. Quality Assurance A Contractors on Site Responsibilities 1. All playground equipment shall be enclosed within a minimum 48" wide concrete border walk, with minimum 48" inside radius curves. Contractor shall field verify that concrete border walk will conform to all safety zone requirements for playground equipment. 2. Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done or that may be located adjacent to or in -route across park property to the job site. The Contractor shall rebuild, restore, and make good at his own expense, all injury and damage to same which may result from work being carried out under this contract. 3. The Contractor shall not park or drive any vehicles or equipment beneath the drip line of on -site trees and shrubs. Contractor and employees shall not park on unsurfaced park property and shall not drive vehicles across park land unless it is directly necessary to deliver materials to the job site. Pre -mix concrete trucks delivering concrete to the site shall not dump slag or wash down their vehicles on park property or adjacent private property. Contractor shall be responsible for notifying concrete truck drivers of this policy. 4. The Contractor shall take all necessary precautions to assure the safety of the park visitors during the construction and clean-up operations. The Contractor shall maintain and keep in good repair the work intended under these Plans and Specifications and shall perform all necessary repair, construction, and renewal to the date of acceptance by. Owner. 5. Any utility and irrigation lines shown on plans are for design and construction information and are accurate as to location. The depth of utility lines are not guaranteed. All underground lines are referenced from known surface structures. It is not implied that all existing public utility lines are shown on plan. Park utilities include irrigation systems, and park lighting, all others are public utilities. The Contractor's attention is directed to the fact that other underground utility lines may exist that the Owner is not aware of. The owner does not assume any responsibility for any public utilities which are not shown on plans. It is the Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. 7 Damage to utilities will be repaired at Contractor's Expense. Park development staff will assist in the design r' and relocation of utility lines. 6. Contractor shall be responsible for protection of unfinished work and shall be responsible for the safety of park users utilizing the unfinished equipment. Contractor shall, at his own expense, famish and erect such barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the r protection of persons, property and the work as may be necessary. ° 7. The contractor shall be responsible for all damage to work due to 7 the failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by the contractor at his own expense. The �.- contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to contractor of City's certificate of acceptance of the project. �^ 8. Contractor shall be responsible for removal, hauling, and disposal of all construction debris and unusable material from proposed construction areas and designated sites as shown on plans and in specifications. Owner shall retain the right to any existing materials deemed to have value. 9. Contractor shall install 48" minimum wide concrete border walk to enclose each playground area, attach transfer station, and connect C handicap accessibility/ramps to playground. Contractor shall leave a section open to playground area for construction, and pour r remaining concrete section after all construction is complete. 10. Contractor is responsible for inspection of site, to verify all �,. existing conditions. Contractor shall be responsible to fully and properly complete all work as described in the specifications and shown on plans. �- 11. Contractor shall be responsible for verification of all utilities and p irrigation systems. 12. Contractorshall furnish and supply all supervision, equipment, and labor necessary to perform excavation, grading, backfill, W compaction, and stock piling of material as specified herein and on the plans. B Safety 1. All equipment shall be free of sharp edges, comers, and extremely rough surfaces. 2. All raised platforms, walks, slides, and ramps shall have handrails 3. All equipment shall meet or exceed the safety guidelines as outlined by the Consumer Product Safety Commission (CPSC) by the National Bureau of Standards (NSB) as it pertains to the Americans with Disabilities Act. (ADA). r 4. All equipment shall meet current American Society for Testing and Materials (CPSC/ASTM) safety guidelines and specification.(F 1487-93). 5. All equipment shall meet current Texas Accessability Standards. C Allowable Tolerances 1 Metal shall be straight or at design radii and bends, shall not have kinks, shall not be bent or crimped, and shall be true to shape. 2. All metal parts and hardware, unless specified as aluminum, shall be hot dip galvanized, have electostatically bonded color, or have an approved corrosion -resistant coating. 3. Any material that does not conform to standards listed in section will be rejected by owner and replaced by Manufacturer at his expense. D Product Delivery, Storage, and Handling 1. Protect all materials from inclement weather: wet, damp, extreme heat, or cold, theft, damage, or vandalism. 2. All manufacturer's labels, installation instructions, and shop drawings shall be in included for each item ordered. E Equipment Check 1. The Contractor shall, one week after installation of equipment, check that all parts are secure and are in good working condition. F Clean-up 1. Demolition debris shall be removed from the site prior to commencement of construction work 2. Within three days after completion of site, the contractor shall clean, remove rubbish and temporary structures from the site, restore in an acceptable manner all property, to It's original integrity both public and private, which has been damaged during the prosecution of work, and leave the site of the work in a neat and presentable condition throughout. The cost of the "cleanup" shall be included as a part of the cost of the various items of work involved, and no direct compensation will be made for this work. This work shall be done before final acceptance by the owner will be considered. 3. Contractor shall clean up and haul off all construction debris, including excavated rock material. Area shall be graded back into existing grade smoothly. 4. All spare parts or other pieces of equipment shall be turned over to the Owner following completion of the project. 5. Contractor is to remove all part label stickers before final inspection is conducted. G. Warranty I� 1. Contractor shall guarantee all labor, workmanship, and materials supplied by contractor for a period of one (1) year from date of acceptance. After a period of one year, the contractor may be required at the discretion of the owner, to make one final check for tightness of all parts. 2. Repairs made necessary due to faulty workmanship shall be made promptly by Contractor at Contractor's expense. 3. Contractor shall guarantee that all equipment shall meet or exceed the safety guidelines as outlined by the Consumer Product Safety Commission (CPSC) by the National Bureau of Standards (NBS) as it pertains to the Americans with Disabilities Act (ADA) and Texas Accessability Standards (TAS).. End of Section i SECTION 02 PRODUCT SUBSTITUTION I. General A. Work Included: 1. Section 01 -Summary of Work .. 2. Section 03 - Earthwork and Grading .3. Section 04 - Plant Material 4. Section 05 - Concrete Work 5. Section 06 - Safety Surface Material 6. Section 07 - Park Equipment .. II. Substitutions A. Conditions for substitutions ("OR EQUAL") 1. In the event that the clause "OR EQUAL" is used in the specifications r- pertaining to materials, the Bidder desiring to make substitutions for specified equipment shall submit the following: a. Product identification, including manufacturer's name, address, and !' product literature. b. Product description. c. Product performance and test date. PM d. Reference standards. e. Manufacturer instructions for maintenance and repairs. 2. Request for substitution should be included with the overall bid and will be considered before contract is awarded. 3. After contract is awarded, no substitutions will be considered. It will be Bidder/Contractor's responsibility to assure the availability of specified product or substitution before bid date. 4. Bidder shall provide the same guarantee for substitution as for product or ,.. method specified. 5. Bidder shall coordinate installation of accepted substitution into work, making such changes as may be required for work to be complete in all r- aspects. 6. Bidder shall waive all claims for additional costs related to substitution that consequently becomes apparent. 7. Bidder shall be prepared to send owner a price breakdown of any and/or all items on which he has bid. Price breakdowns will only be requested after the bid opening has taken place. r B. Substitutions will not be considered if: 1. They are indicated or implied on shop drawings or project data submittals without being formally described in detail as to their differences from what was originally specified. 2. Acceptance will require substantial revision of the original layout of the r. project. SECTION 03 EARTHWORK AND GRADING I. General — A. Scope of Project: 1. The contractor shall furnish all topsoil, labor, material, tools, _ equipment, supervision, and incidentals necessary for a proper and complete installation required to complete the work described herein in strict accordance with the drawings and/or terms of the contract. B. Related Work Specified Elsewhere: 1. Section 01 - Sumaary of Work 2. Section 02 - Product Substitution — 3. Section 04 - Plant Material 4. Section 05 - Concrete Work 5. Section 06 - Safety Surface Material 6. Section 07 - Park Equipment II. Products A. Material -Site Fill: 1. Fill material shall be free from trash, lumber, debris, roots over 1" in diameter, matted roots, rocks over 1 1/2" in diameter, highly plastic soils or other deleterious materials. B. Material -Top Soil: 1 Fill material, if necessary, shall be provided by Contractor. 2. Natural, fertile, friable soils possessing characteristics of soils in the vicinity which produce heavy growth of crops, grass or other vegetation. 3. Topsoil shall be free of subsoil, brush, organic litter, objectionable weeds, clods, shale, stones 3/4" dimension or larger, stumps, roots, or other materials harmful to grading, planting, plant growth, or maintenance operations. - —, III. Execution A. Protection: 1. Carefully maintain bench marks, layout stakes, and other reference points. 2. Protect property, including adjoining property and public right-of- way, from damage by trucks and equipment. 3. Protect active utilities to be retained on site, whether shown on drawing or uncovered during excavation operations. If damaged, repair at Contractor's expense. 4.. Existing trees, roots, and plant material shall be protected from damage by trucks and equipment. 5. Keep excavations free of water. B. Site Preparation: 1. Strip existing top soil from areas affected. Stockpile on site for re -use. 2. Contractor shall be responsible for removing unusable material 7 3. from site. All unstable or otherwise objectionable material shall be removed from the subgrade and replaced with approved 7 material. 4. Burning and blasting on site shall not be permitted. C. Evacuation: 1. Excavate to bring areas to grade and subgrades indicated. Scarify excavated areas occurring under concrete to a depth of 6", then compact to required density. 7 2. Stockpile all excavated material on site; exact location to be approved by Owner. 3. Contractor to separate top soil and subsoil into two (2) piles. 4. Remove underground obstructions, where rock is encountered at subgrade, under cut minimum of 15" below and backfill with approved fill. D. Fill and Backfill: 1. Placing: Place material in loose, even successive lifts not to exceed the following depths: (if applicable). ra. Fill below concrete slabs: Max. 8" high lifts to overall compacted depth. r- 2. Compaction: Thoroughly and evenly compact each lift to the following ' densities: a. Fill below concrete slabs: Not less than 95% standard density r to at least four (4) feet outside of slab. b. Site fill: Not less than 90% standard density. 3. Moisture Control: When moisture must be added prior to compaction, r- uniformly apply water to surface, but do not flood. Free water shall not appear on surface during or after compaction operations. Remove and replace, or scarify air-dry soil too wet to allow proper compaction. E. Grading: -° 1. Uniformly grade areas, including adjacent transition areas to smooth surface at required grades and elevations. Adjust contours to eliminate water pending, and provide positive drainage. 2. Finish Grades Adjacent to Pavement: Cut or fill so that soil areas r, adjacent to concrete are below new or existing concrete as shown on plans. Slope soil smoothly back to adjacent grade as shown on plans. 7 F. Finish Grading: 1 Fine grade areas to achieve final contours acceptable to Owner. 2. Provide uniform rounding at top and bottom of slopes and other breaks in grade as indicated on plans. Correct irregularities and areas where water will stand. _ 3. Topsoil: a. Uniformly distribute topsoil to required grades; feather back to where grades remain unchanged. c. Place and compact topsoil in manner conducive to the growth and maintenance of plant material. d. Degree of finish shall be that ordinarily obtainable with blade or scraper operations. Remove rubbish, vegetation, and rocks over 3/4" diameter. Leave areas smooth and suitable for establishment of lawns and planting. Correct irregularities and -" areas where water will stand. G. Maintenance: 1. Before final acceptance, protect newly graded areas from traffic, construction, weather damage, washing, erosion and rutting, and repair such damage that occurs. 2. Correct settlement below established grades to prevent ponding of water 3. All excess material and waste to be removed from site, and work to be - left in clean, finished conditions. H. Final Acceptance: 1. Site shall be thoroughly inspected by Owner prior to final acceptance. 2. Any areas needing further grading or other attention shall be completed to Owner's satisfaction. IV. Specifications for Subsoil Preparation (Where Topsoil shall be added. This specification applies where additional topsoil shall be placed over existing soil.) A. General: 1. The contractor shall furnish all topsoil, labor, material, tools, equipment, supervision, and incidentals necessary for a proper and complete installation required to complete the work described herein in strict accordance with the drawings and/or terms of the contract. -B. Grading: 1. Grades on the areas to be topsoiled which have been previously established in conformance with the drawings and/or other applicable specifications shall be maintained in a true and even grade. C. Tilling: 1. After the areas to be topsoiled have been brought to grade, compacted where necessary and immediately prior to dumping and spreading the topsoil, the subgrade shall be loosened by disking or by scarifying to a depth of at least two inches to permit bonding of the topsoil to the subsoil. D. Acceptance: 1. Acceptance shall be given by the owner upon satisfactory completion of each section or area as indicated on the drawings or as otherwise specified. V. Specifications for Topsoil Material and Application A. General: 1. The contractor shall furnish all topsoil, labor, material, tools, equipment, supervision, and incidentals necessary for a proper and complete installation required to complete the work described herein in strict accordance with the drawings and/or terms of the contract. B. Materials: 1. Topsoil shall be a loamy sand, sandy loam, clay loam, loam, silt loam, sandy clay loam or other soil approved by the architect. Topsoil shall contain no slag, cinders, stones, lumps of soil, sticks, roots, trash or other extraneous materials larger than 3/4 inches in diameter. Topsoil shall be free of viable plants or plant parts of common Bermuda- grass, quackgrass, johnsongrass, nutsedge, poison ivy, Canada thistle, or others as specified. All topsoil shall be tested by a reputable laboratory of pH and soluble salts. If not, the contractor shall assume full responsibility for any loss or damage to trees or turfgrass arising from pH and / or soluble salt problems C. Grading: _ 1. The topsoil shall be uniformly distributed on the designated area. Additionally, some incorporation with subgrade is necessary to form a transition zone between the surface material and the subgrade. Grading shall result in a smooth surface. The surface shall be rolled to remove air pockets and provide a firm base for the sod. Any irregularities in the surface resulting from topsoiling or other operations shall be corrected in order to prevent the formation of depressions or water pockets. Topsoil shall not be placed while in a frozen or muddy condition, when the subgrade is excessively wet, or in a condition that may otherwise be detrimental to proper grading, or proposed for turfgrass sod installation. D. Clean Up: 1. After the topsoil has been spread and the final grades approved, it shall be cleared of all grade stakes, surface trash and other objects. Paved areas over which hauling operations are conducted shall be kept clean, and any soil which may be brought upon the surfacing shall be promptly removed. The wheels of all vehicles shall be kept clean to avoid tracking soil on the surfacing of roads, walks or other paved areas. VI. Final Soil Preparation (Specifications given in this section apply both to areas where topsoil has been added and to areas where soil from the existing site is used.) A. General: 1. The contractor shall furnish all topsoil, labor, material, tools, equipment, supervision, and incidentals necessary for a proper and complete installation required to complete the work described herein in strict accordance with the drawings and/or terms of the contract. B. Materials: 1. Final Grading: Any undulations or irregularities in the surface resulting from tilling or other causes shall be smoothed otherwise, shall be reconstructed and all grades re-established by the contractor in accordance with the drawings and/or other applicable specifications. C. Clean Up: 1. The surface shall be cleared, to a depth of four inches, of all trash, debris, stones larger than 3/4 inches in'diameter, and of all roots, brush, wire, grade stakes and other objects. D. Acceptance: 1. Acceptance shall be given by the owner upon satisfactory completion of each area as indicated on the drawings or as otherwise specified. r SECTION 04 PLANT MATERIAL I. General A. Scope of Project 1. To finnish and install grass seeding only in the areas affected or modified by this work as described in the specifications or as directed by owner. ,.� B. Related work as specified elsewhere: L Section 01 - Summary of Work 2. Section 02 - Product Substitution r- 3. Section 03 - Earthwork and Grading 4. Section 05 - Concrete Work 5. Section 06 - Safety Surface Material 6. Section 07 - Park Equipment C. Additional Information 1. All information under General Instructions To Bidder and General Conditions of Agreement apply to this section. 2. Bidder shall be prepared to send owner a price breakdown of any and/or all items he has bid on. Price breakdowns will only be requested after the bid opening has taken place. II. Quality Assurance A. Qualifications of Bidder i 1. Bidder to have minimum of 3 years experience on projects of similar ` characteristics and size. �. 2. Bidder to furnish, at Owner's request, references of work for h determination of ability of Bidder to perform work. 3. Bidder to inspect site to become familiar with site conditions prior to �- bid. Failure to do so will not relieve Bidder of performing work as required in the specifications at no expense to the Owner. B. Quality of Plant Material 1. All plant material shall conform to ANSI Z60.1-1990. 2. Plant material shall be true to name as specified. III. Water schedule C A. Water 1. Owner shall water all grass seeded areas by means of anexisting irrigation system. Contractor shall be responbsible for notifying owner 24 hours prior to time of grass seeding for proper watering. IV. Execution A. Protection: 1. Carefully maintain bench marks, layout stakes, and other reference points. 2- Protect property, including adjoining property and public right-of- way, from damage by trucks and equipment. B. Grass Seeding 1. Type: Common Bermuda Grass 2. Quantity: 2 pds. per 1,000 sq. ft. 3. Application: Slit seed or drill applied. C. Site Conditions 1. Site to be inspected regularly to determine continuation of work due to bad weather. Construction will be stopped temporarily, if necessary, by agreement between Owner and Contractor to ensure best installation possible. V. Final Acceptance: A. Contractor shall be responsible for seeding until an acceptable stand of grass has been establihed and approved by owner. Site shall be thoroughly inspected by Owner prior to final acceptance. B. Any areas needing further attention shall be completed to Owner' satisfaction. End -of -Section SECTION 05 CONCRETE WORK I. General A. Work Included: 1. Section 01 -Summary of Work 2. Section 02 - Product Substitution r, 3. Section 03 - Earthwork and Grading " 4. Section 04 - Plant Material r., 5. Section 06 - Safety Surface Material 4 6. Section 07 - Park Equipment B. Subgrade Preparation r- 1. Subgrade preparation to include removal, hauling, and disposal of all excavation of sub -soil, concrete, construction debris, unusable material, and any other obstructions shown on plans or as designated by Owner. C. Site Preparation 1. Contractor is responsible for layout of work based on plan dimensions, excavation, grading, leveling, and compaction of 4 subgrade and fill material. 2. Owner will approve initial elevation of slabs for structures and contractor shall be responsible for all sidewalk grades. 3. Contractor shall verify work to Owner after subgrade preparation is completed prior to actual construction. D. Contractor shall stake location of proposed concrete border walk and contact owner for verification or approval 24 hours prior to �.. , placement of concrete. This is to ensure that concrete is properly spaced from play equipment, and to Owner's satisfaction so that minimum requirements for "safety zones" are met. �- E. Codes and Standards: 1. Comply with the provisions of the following codes, specifications and standards, except where more stringent r' requirements are shown or specified. G 2. ACI 347 "Recommended Practice for Concrete Form Work." ACI 304 Recommended Practice for Measuring, Mixing, r` Transporting and Placing Concrete." Concrete Reinforcing Steel Institute, "Manual of Standard Practice." 3. All handicap accessibility and ramps shall comply with current ADA and Texas Accessability Standards (TAS) guidelines and recommendations. r F. Workmanship: 1. The Contractor is responsible for correction of concrete work which does not conform to the specified requirements, including strength, tolerances and finishes. Correct deficient concrete as directed by the Owner. 2. Contractor to have a minimum of 3 years experience in forming and pouring concrete of a similar nature and scope. 3. Concrete shall meet minimum strength specified on details. 4. Contractor shall, at Owner's request, submit proof or test data of concrete to be used. Contractor shall be responsible for type of concrete delivered by ready mix plant. II. Products A. Form Material: 1. Forms for Concrete: Unless otherwise shown or specified, construct all form work for concrete surfaces with plywood, metal, metal -framed, plywood -faced, or other acceptable panel -type materials, to provide continuous, straight, smooth, surfaces. Finish in largest practicable sizes to minimize number of joints, and to conform to joint system shown on drawings. Provide form material with sufficient thickness to withstand pressure of newly -placed concrete without bow or deflection. Forms used for this class of concrete shall be new or "good -as -new." 2. Use Plywood complying with U.S. Product Standard PS-1 "b-B (Concrete Form) Plywood" Class 1, Exterior Grade or better, concrete - oiled and edge -sealed, with each piece bearing legible trademark of an approved inspection agency, unless otherwise acceptable to Owner. B. Reinforcing Materials: 1. Welded Wire Fabric ANSI/ASTM A 615, with Supplementary Requirements (sl), and as follows: a. Provide Grade 60, except No. 3 ties and stirrups may be Grade 40. 2. Welded Wire Fabric: ANSI/ASTM A 185, welded steel wire fabric. 3. Supports for Reinforcement: Provide supports for reinforcement including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing bars and welded wore fabric in place. Use wire bar type supports complying with CRSI, unless otherwise specified. Wood, brick and other devices will not be acceptable. a. For slabs -on -grade, use supports with sand plates for horizontal runners where wetted base materials will not support chair legs. b. For exposed -to -view concrete surfaces, where legs of supports are in contact with forms, provide supports with legs which are hot / dip galvanized, or plastic protected or stainless steel protected. F C. Concrete Materials: 1: Portland Cement: ANSI/ASTM C 150, Type I, II, or type III with fibermesh, unless otherwise acceptable to Owner. 2. Use only one brand of cement throughout the project, unless otherwise acceptable to Owner. 3. Aggregates: a. Clean, sharp, natural sand free from loam, clay, lumps or other r deleterious substances. 1. Dune sand; bank -run sand, and manufactured sand are not acceptable. r b. Coarse Aggregate: ANSI/ASTM C33. Clean, uncoated, processed aggregate containing no clay, mud, loam, or foreign matter as follows: 1. Crushed stone, processed form natural rock or stone. 2. Washed gravel, either natural or crushed. Use of pit or bank- run gravel is not permitted. f' 3. Provide aggregate from a single source for all exposed concrete. c. Maximum Aggregate Size: Not larger than one -fifth of the narrowest dimension between sides of forms, one-third of the depth of slabs, nor three -fourths of the minimum clear spacing between individual reinforcing bars or bundles of bars. d. These limitations may be waived, if in the judgment of the Owner, workability and methods of consolidation are such that r• concrete can be placed without honeycomb or voids. D. Water: Clean, fresh, drinkable. E. Air -Entraining Admixture: ANSI/ASTM C 260. F. Water -Reducing Admixture: ANSI/ASTM C 490, Type A, containing not more than 1 % chloride ions. G. Set -Control Admixtures: ASST. C 494, as follows: r" Type B, Retarding. Type C, Accelerating. Type D, Water -reducing and Retarding. Type E, Water -reducing and Accelerating. 1. Calcium chloride will not be permitted in concrete, unless otherwise authorized in writing by Owner. H. Related Materials: 1. Preformed Expansion Joint Fillers: Pre -molded fiber -fill expansion joint filler 1/2" wide shall extend the full depth of the concrete as 1 specified in detail. The top of the filler shall have a 1/8" radius; the top 1/2" of the joint shall be filled with Urethane Sealant colored to r- match surrounding finish color. Joints of 12' or less shall be one continuous piece installed. 2. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing t approximately 9 oz. pr. sq. yd., comply with AASHOM 182, class 3. 3. Moisture -Retaining Cover: One of the following, complying with ASTM C 171. Waterproof paper Polyethylene film Polyethylene -coated burlap I. Proportioning and Design of Mixers: 1. Exterior concrete shall contain five (5) sacks (564 lb.) of cement per cubic yard of concrete, 6% plus or minus 1% of entrained air, coarse aggregate 1" or smaller and shall be poured with a slump of 4" plus or minus 1" as stated at bottom of this page. J. Admixtures: 1. Use air -entraining admixture in exterior exposed concrete, unless otherwise indicated. Add air -entraining admixture at the manufacture's prescribed rate to result in concrete at the point of placement having air content within the following limits: a. Concrete structures and slabs exposed to freezing and thawing ^ or subjected to hydraulic pressure: b. 6% for maximum 1" aggregate. 6% for maximum 3/4" aggregate. _ 2. Use admixtures for water -reducing and set -control in strict compliance with the manufacturer's directions. 3. Use amounts of admixtures as recommended by the manufacturer for _- climactic conditions prevailing at the time of placing. Adjust quantities and types of admixtures as required to maintain quality control. K. Slump Limits: 1. Proportion and design mixes to result in concrete slump at the point of placement as follows: a. Ramps and Sloping Surfaces: Not more than 3". b. All Other Concrete: Not less than 1" and not more than 4". L. Concrete Mixing: 1. Ready -Mix Concrete: Comply with the requirements of ANSI/ASST. ,C 94, and as herein specified. 2. Delete the references for allowing additional water to be added to the batch for material with insufficient slump. Addition of water to the batch will not be permitted. 3. During hot weather, _or under conditions contributing to rapid setting of concrete, a shorter mixing time than specified in ANSI/ASTM C 94 may be required. 4. When the air temperature is between 85 degrees F. and 90 degrees F. , reduce the mixing and delivery time from 1-1/2 hours to 75 minutes, and when the air temperature is above 90 degrees F. , reduce the mixing and delivery time to 60 minutes. `• III. Execution A. Forms: r 1. General ' a. Plan out the layout of formwork to allow for access to the inside of the playground for the concrete truck to reduce the impact on the site. The section will be formed and poured when the rest of the pour is finished. b. Design, erect, support, brace, and maintain formwork to support vertical and lateral loads that might be applied until such loads can be supported by the concrete structure. Construct form work so concrete members and structures are of correct size, shape, alignment, elevation and position. c. Design form work to be readily removable without impact, shock, or damage to cast -in -place concrete surface and adjacent :. materials. d. Forms shall not leak cement paste. e. Fabricate forms for easy removal without hammering or prying against the concrete surfaces. Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces where slope is too steep to place concrete with bottom forms only. Keep wood inserts for forming key ways, reglets, recesses and the like, to prevent swelling and for easy removal. e. Provide temporary openings where interior area of formwork is inaccessible for clean -out, for inspection before concrete placement, and for placement of concrete. Securely brace temporary openings and set tightly to form to prevent loss of concrete mortar. Locate temporary openings on forms at inconspicuous location. f. Tool chamfer exposed corners and edges as shown in detail to produce uniform smooth lines and tight edge joints. 2. Form Ties: a. Factory -fabricated, adjustable -length, removable, or snap off metal form ties, designed to prevent form deflection, and to prevent spalling concrete surfaces upon removal. b. Unless otherwise shown, provide ties to portion remaining within concrete after removal is at least 1 1 /2" inside concrete. Unless otherwise shown, provide form ties which will not leave holes larger than 1" diameter in concrete surface. j 3. Cleaning and Tightening: a. Thoroughly clean forms and adjacent surfaces to receive 7 concrete. Remove chips, wood, sawdust, dirt or other debris just before concrete is placed. b. Re -tighten forms after concrete placement if required to eliminate mortar leaks. B. Joints: General 1. Construction Joints: Locate and install construction joints so as not to _ impair the strength and appearance of the structure, as acceptable to the Owner. a. Provide keyways at least 1-1/2" deep in all construction joints in walls, slabs and between walls and footings; acceptable bulkheads designed for this purpose may be used for slabs. b. Place construction joints perpendicular td the main reinforcement. Continue all reinforcement across construction joints. 2. Control Joints: Placement of control joints shall correspond to plans. - Control joints shall be placed every four to eight feet in most cases but shall never be more than twenty feet apart in any direction. When possible, jointed panels shall be approximately square in shape. Control joints shall be continuous, not staggered or offset. Control joints shall be 1/2" wide and 3/4" deep, tooled or sawn in place. Tooled control joints shall have a 1/8" radius: ^' 3. Isolation Joints in Slabs -on -Ground: Construct isolation joints in slabs on ground at all points of contact between slabs on ground and vertical _ surfaces, such as column pedestals, foundation walls, grade beams and elsewhere as indicated. 4. Expansion Joints: Provide Pre -molded joint filler or other specified _ material for expansion joints abutting concrete curbs, catch basins, manholes, inlets, structures, walks, and other fixed objects. a. Extend joint fillers full -width and depth of joint, and not less than 1/2" or more than 1" below finished surface. Furnish joint filler.in one-piece lengths for the full width being place, wherever possible. Where more than one length is required, -' place or clip joint filler section together. Form top edge of filler to conform to top profile of concrete. b. Protect the top edge of the joint filler during concrete placement with a metal cap or other temporary materials. Remove protection after both sides of joint are placed. c. Expansion joints shall be located at the intersections of all concrete elements and at max. 30' in sidewalks or every 15' to 20' each way in larger areas. Expansion joints shall be 1/2" _ wide and contain a 1/2 premolded fiberfill expansion joint filler. The top of the joint shall have a 1/8" radius; the top 1/2" of the joint shall be filled with a gray colored urethane sealant. .� 5. Edge Forms and Screed Strips for Slabs: Set edge forms for bulkheads and intermediate screed strips for slabs to obtain the required elevations and contours in the finished slab surface. Provide and ` secure units sufficiently strong to support the types of screeds required. Align the concrete surface to the elevation of the screed strips by the use of strike -off templates or accepted compacting type screeds. 6. Preparation of Form Surfaces: Coat the contact surfaces of forms with a form -coating compound before reinforcement is placed. Provide commercial formulation form -coating compounds that will not bond with, stain nor adversely affect concrete surfaces, and will not impair r- subsequent treatment of concrete surfaces requiring bond or adhesion, nor impede wetting of surfaces to be cured with water or curing compounds. Thin form -coating compounds only with thinning agent of type, and in amount, and under conditions of the form -coating compound manufacturer's directions. Do not allow excess form -coating material to accumulate in the forms or to come into contact with concrete surfaces against which fresh concrete will be placed. Apply in compliance with manufacturer's instructions. C. Concrete Placement: ` 1. General: �-- a. Comply with ACI 614, and as herein specified. ! b. Deposit concrete continuously or in layers of such thickness that no concrete will be placed on concrete which has hardened r. sufficiently to cause the formation of seams or planes of n weakness within the section. If a section cannot be placed continuously, provide construction joints as herein specified. r- c. Deposit concrete as nearly as practicable to its final location to avoid segregation due to re -handling or flowing. d. Contractor shall not place any concrete when the air temperature is 40 degrees Fahrenheit and falling. 40 degrees . and rising is acceptable. 2. Pre -Placement Inspection: a. Before placing concrete, inspect and complete the Formwork installation, reinforcing steel, and items to be embedded or cast -in. b. Thoroughly wet wood forms immediately before placing concrete, as required where form coatings are not used. r 3. Placing Concrete in Forms: a.' Deposit concrete in forms in horizontal layers not deeper than 18" and in a manner to avoid inclined construction joints. b. Consolidate placed concrete by mechanical vibrating equipment supplemented by hand -spading, rodding or tamping. Use vibrators designed to operate with vibratory element submerged in concrete, maintaining a speed of not less than 6000 impulses per minute. c. Do not use vibrators to transport concrete inside of forms. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than the visible effectiveness of the -' machine. Do not insert vibrators into lower layers of concrete that have begun to set. At each insertion limit the duration of vibration to the time necessary to consolidate the concrete and _ complete embodiment of reinforcement and other embedded items without causing segregation of the mix. _ 4. Placing Concrete Slabs: a. Deposit and consolidate concrete slabs in a continuous operation, within the limits of construction joints, until the _ placing of a panel or section is completed. b. Consolidate concrete during placing operations so that concrete is thoroughly worked around reinforcement and other embedded ._ items and into comers. c. Bring slab surfaces to the correct level with a straightedge and strike off. Use bull floats or Darbies to smooth the surface, leaving it free of humps or hollows. Do not sprinkle water on the plastic surface. Do not disturb the slab surfaces prior to beginning finishing operations. d. Maintain reinforcing in the proper position during concrete placement operations. D. Finish of Formed Surfaces: 1. Finishing Procedures: a. After striking -off and consolidating concrete, smooth the _ surface by screeding and floating. Do not use "Jitterbugs", except on accessible ramp surface. Use hand methods only where mechanical floating is not possible. Adjust the floating to _ compact the surface and produce a uniform mixture. b. After floating, test surface for trueness with a 8' straightedge. Distribute concrete as required to remove surface irregularities, and refloat repaired areas to provide a continuous, smoother finish. c. Work edges of slabs, gutters, back top edge of curb, and formed — joints with an edging tool, and round to 1/2" radius, unless otherwise shown. Eliminate any tool marks on concrete surface. r d. After the completion of floating and all excess moisture or surface sheen has disappeared completely, perform surface finishing as follows: 2. Broom Finish: a. Broom finish, by lightly drawing a fine broom across concrete surface. Repeat operation if required to provide a fine line texture acceptable to the Owner. b. On inclining slab surfaces, provide a coarse, non -slip finish by scoring surface with a stiff -bristled broom. E. Concrete Curing and Protection: r 1. General: Contractor shall be responsible for the protection of uncured concrete. Contractor shall allow no stray marking or footprints to be placed in the uncured concrete. Protect freshly placed concrete from premature drying and excessive cold or hot temperature, and maintain without drying at a relatively constant temperature for a period of time necessary for hydration of cement and proper hardening. a. Start initial curing application as soon as free water has disappeared from concrete surface after placing and finishing. Weather permitting, keep continuously moist for not less than 72 hours. b. Begin final curing procedures immediately following initial curing and before concrete has dried. Continue final curing for at least 168 cumulative hours (not necessarily consecutive) during which concrete has been exposed to air temperatures above 50 degrees F. Avoid rapid drying at end of final curing period. r 2. Curing Methods: Perform curing of concrete by moist curing or by moisture retaining cover curing or by combinations thereof, as herein specified. . a. Provide moisture curing by following methods: b. Keep concrete surface continuously wet by covering with water. Continuously water -fog spray. c. Covering concrete surface with specified absorptive cover, thoroughly saturating cover with water and keeping continuously wet. Place absorptive cover to provide coverage of concrete surfaces and edges, with 4" lap over adjacent absorptive covers. d. Provide moisture -cover curing as follows: Covering concrete surfaces with moisture -retaining cover for curing concrete, . placed in widest practicable width with sides and ends lapped at least 3" and sealed by water proof tape or adhesive. Immediately repair any holes or tears during curing period using cover materials and waterproof tape. 3. Curing Formed Surfaces: Cure formed concrete surfaces, including undersides of beams, supported slabs and other similar surfaces, by moist curing with forms in place for full curing period, or until forms are removed., If forms are removed, continue curing by methods specified above, as applicable. 4. Curing Unformed Surfaces: Initially cure unformed surfaces, such as slabs, floor topping, and other flat surfaces by moist curing. a. Final cure unformed surfaces, unless otherwise specified, by methods specified above, as applicable. b. Final cure concrete surfaces to receive liquid floor hardener or finish flooring by use of moisture -retaining cover, unless otherwise directed F. Miscellaneous Concrete Items: 1. Filling -In: Fill- in holes and openings left in concrete structures for passage of work by other trades, unless otherwise shown or directed, after work of other trades is in place. Mix, place and cure concrete as herein specified, to blend with in -place construction. Provide other miscellaneous concrete filling shown or required to complete work. 2. Curbs: Provide monolithic finish to interior curbs by stripping forms while concrete is still green and steel -troweling surfaces to a hard, dense finish with corners, intersections, and termination's slightly rounded. 3. Sleeves: Provide sleeves where need for poles within concrete pad for underground service elements as.shown on plan. Sleeves shall be 4" PVC Schedule 40 pipe or as specified on plans, and have 4" of cover minimum. These sleeves shall be made aware to owner upon completion. G. Concrete Surface Repairs: 1. Patching Defective Areas: Repair and patch defective areas with cement mortar immediately after removal of forms, but only when acceptable to Owner. 2. Cut out honeycomb, rock pockets, voids over 1/4" iri any dimension, and holes left by rods and bolts, down to solid concrete but, in no case to a depth of less than 1". Make edges of cuts perpendicular to the concrete surface. Before placing cement mortar or proprietary patching compound, thoroughly clean, dampen with water and brush - coat the area to be patched with neat cement grout, or proprietary bonding agent. 3. For exposed -to -view surfaces, blend white portland cement and standard portland cement so that, when dry, patching mortar will match color surrounding. Provide test areas at inconspicuous location to verify mixture and color match before proceeding with patching. Compact mortar in place and strike -off slightly higher than surrounding surface. 4. Repair of Formed Surfaces: Remove and replace concrete having defective surfaces if defects cannot be repaired to satisfaction of Owner. Surface defects, as such, include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, fins and other projections on surface, and stains and other discoloration's that cannot be removed by cleaning. Flush out form ties holes, fill with dry pack mortar, or precast cement cone plugs secured in place with bonding agent. 5 Repair finished unformed surfaces that contain defects with adversely affect durability of concrete. Surface defects, as such, include crazing, cracks in excess of 0.01" wide or which penetrate to reinforcement or completely through non -reinforced sections regardless of width, spalling, pop -outs, honeycomb, rock pockets, and other objectionable conditions. 6. Correct high areas in unformed surfaces by grinding, after concrete has cured at least 14 days. 7. Correct low areas in unformed surfaces during, or immediately after completion of surface finishing operations by cutting out low areas and replacing with fresh concrete. Finish repaired areas to blend into adjacent concrete. Proprietary patching compounds may be used when acceptable to Owners. 8. Repair defective areas, except random cracks and single holes not exceeding 1" diameter, by cutting out and replacing with fresh concrete. Remove defective areas to sound concrete with clean, square cuts and expose reinforcing steel with at least 3/4" clearance all around. Dampen concrete surfaces in contact with patching concrete, and brush with a neat cement grout coating or concrete bonding agent. Mix patching concrete of same materials to provide concrete of the same type or class as original concrete. Place, compact and finish to blend with adjacent finished concrete. Cure in the same manner as adjacent concrete. 9 Repair isolated random cracks and single holes not over 1" in diameter by dry -pack method. Groove top of cracks and cut-out holes to sound concrete and clean of dust, dirt and loose particles. Dampen cleaned concrete surfaces and brush with neat cement grout coating or concrete bonding agent. Mix dry -pack, consisting of one part portland cement to 2-1/2 parts fine aggregate passing a No. 16 mesh sieve, using only enough water as required for handling and placing. Compact dry -pack mixture in place and finish to match adjacent concrete. Keep patched area continuously moist for not less than 72 hours. a. Use epoxy -based mortar for structural repairs, where directed by Owner. b. Repair methods not specified above may be used, subject to acceptance of Owner. t H. Quality Control Testing During Construction: 1. Sampling and testing for quality control during the placement of _concrete may include the following, as directed by the Owner: 2. Sampling Fresh Concrete: _ ASTM C 172, except modified for slump .. to comply with ASTM C 94. 3. Slump: ASTM C 143; one test for concrete load at point of discharge; and one test for each set of compressive strength test specimens. 4. Air Content: ASTM C 173, volumetric method for lightweight concrete; ASTM C 231 pressure for normal weight concrete; one for each set of compressive strength test specimens. 5. Concrete Temperature: Test hourly when air temperature is 40 deg. F. and below, and when 80 degrees F. and above; and each time a set of compression test specimens is made. 6. Compression Test Specimen: ASST. C 31; one set of 6 standard cylinders for each compressive strength test, unless otherwise directed. Mold, label, and store cylinders (do not leave on site) for laboratory cured test specimens except when field -cure test specimens are _ required. 7. Compressive Strength Tests: ASST. C 39; one set for each 100 cu. yd. or fraction thereof, of each concrete class placed in any one day or _ for each 5,000 sq. ft. of surface area place; 2 specimens tested at 7 days, 3 specimens tested at 28 days, and one specimen retained in reserve for later testing if required. Testing will be done by the contractor with on expense to the owner. a. When the frequency of testing will provide less than 5 strength test for a given class of concrete, conduct testing from at least 5 randomly selected batches, or from each batch if fewer than 5 are used. b. When the total quantity of a given class of concrete is less than 50 cu. yd., the strength test may be waived by the Owner if , in his judgment, adequate evidence of satisfactory strength is provided. c. When the strength of field -cured cylinders is less than 85% of companion laboratory -cured cylinders, evaluate current _ operations and provide corrective procedures for protecting and curing the in -place concrete. END OF SECTION F A R SECTION 06 SAFETY SURFACE MATERIAL I. General A. Work Included: 1. Section 01 - Summary of Work 2. Section 02 - Product Substitution 3. Section 03 - Earthwork and Grading 4. Section 04 - Plant Material 5. Section 05 - Concrete Work 6. Section 07 - Park Equipment B. Material 1. Play surface within concrete border walk shall be the following: a. #5 washed Gravel. Minimum I I" uniform thickness. b. All play surface area shall be level and no less than 1" below concrete border walk. 2. Handicap play surface at transfer station shall be the following: a. Safety Tile with sufficient thickness as per manufacture's installation recommendation. C. Execution 1. Play surface shall be installed as equipment is installed. All footings of the playground equipment shall have min. 11" cover. D. Safety Surface Installation 1. General Work includes finishing and installing the safety tile surface at all transfer station locations. 2. Description of System a. Safety tile shall have an impact absorbing surface consisting of prefabricated Polyurethane resin -bound 100% post -consumer recycled rubber crumb/shred material derived from recycled tires. The individual tiles shall be furnished in a size of 610 X 610 mm (2' X 2'). Tile thickness shall be 40 mm (1.57") min. thickness. Tiles shall have a critical height rating of 1.2m (4'), 1.8m (7') or 2.4m (8'), with a G-Max of less than 200 and a HIC of less than 1000 when evaluated in accordance with ASTM Procedure F 1292. Tile color shall be determined by owner. b. Adhesive shall be a nonflammable non -shrinking, one part moisture cured polyurethane. The adhesive shall be capable of bonding to concrete or asphalt. Safety surface shall be poured over a concrete or asphalt surface. 3. Quality Assurance Test Results a. Impact Attenuation-ASTM 1292-93. Impact attenuation test results shall be provided to the owner or owner's representative. These test results shall be submitted on the letterhead of an independent testing lab. Test results shall meet or exceed US. Consumer Product Safety Commission guidelines for impact attenuation (G-Max and Head Injury Criteria (HIC). Test results must be administered and evaluated under the same test and these results must be shown for three drops at each required temperature: 32, 72 and 120 degrees; yield less than 200 G's and less than 1,000 H.I.C. Only test results from ASTM testing approved laboratories, F8 committee will be acceptable. Approved testing laboratories are U.S. Testing, Northwest Testing and Detroit Testing. b. Coefficient of Friction-ASTM D2047-82 All products must meet a minimum standard on coefficient of friction of .9 wet,1.0 dry. No exceptions will be made to this requirement in an effort to ensure ample slip -resistant conditions. c. Permeability; Product shall meet or exceed a coefficient of permeability of five (5) feet per minute. NOTE: From a geotechnical standpoint, the permeability of a material is a measure of the velocity at which water will flow through the void spaces or pores under a given hydraulic gradient. The product shall have a minimum of 8" of rainfall per hour. d. Flammability of Finished Floor Cover - shall meet or exceed ASTM D2859. e. Contractor Pre-Qualifications- 1. A list of (3) surfacing projects completed with a similar product within the last five (5) years. List shall include, names of project representatives and respective telephone numbers. At least one (1) of these projects must be at least three (3) years old. 4. Submittals a. Submittal packages shall include, but not be limited to; (1) references list, (2) two samples measuring 2'x 2' thickness with tapered edges, .(3) a written guarantee from manufacturer of the proposed product against all defects in material and/or workmanship, (4) impact attenuation, coefficient of friction, permeability and flammability test results from independent testing laboratory, and (5) Manufacturer instructions for maintenance and repairs. Any alternate product must be submitted with prior approval packages a minimum of ten days prior to bid date. 5. Procedure Base Requirements a. The base shall have a maximum slope of (2%) and shall vary no more than 1/8" when measured in any direction with a 10' straight edge. The new concrete base shall be allowed to cure a minimum of seven (7) days prior to commencement of surfacing. A time shorter then specified shall be subject to penalty. + 6. Preparation a. Cleaning- The entire surface shall be clean and free from any foreign 71 and loose material. 7. Installation r a. Thickness -Total depth of the safety tile shall conform to fall height requirements. The contractor shall contact the playground equipment manufacturer to determine fall height requirements. b. Edges 1. Surface edges shall be flush and level with edge of adjacent concrete walk surface. 2. Transition edger between safety surface and play surface shall be beveled or tapered as to provide safe transition. Play surface shall be sloped no more than 2% to drain as indicated on plans. r 8. Protection a. Surface installer shall be responsible for the protection of the safety surface during the installation process. Contractor shall be responsible for the protection of the surface during the construction period. 9. Warranty a. Tile shall be warranted in material and workmanship for a period no r� less than five (5) years. Written warranty must be submitted by the surface installer. End of Section I r� SECTION 07 PARK EQUIPMENT r' I. General A Scope of Project 1. Contractor shall supply all supervision, perform all work, furnish all labor, tools, materials, equipment, and incidentals necessary to fully ` and properly perform all work at each park listed above, and as r- described in the plans and specifications. All construction and other work shall be completed in accordance with all governing codes and ordinances, with the best engineering and construction practices, including material mfrs. recommendations for installation and workmanship, for the skill or trade involved. B Work Included 1. Section 01 - Summary of Work 2. Section 02 - Product Substitution 3. Section 03 - Earthwork and Grading r' 4. Section 04 - Plant Material 5. Section 05 - Concrete Work 6. Section 06 - Safety Surface Material r C Additional Information 1. All information under General Instructions To Bidder and General Conditions of Agreement apply to this section. 2. These plans and specifications were prepared by the Parks Department (which shall be called Owner). ,. 3. Bidder shall be prepared to send owner a price breakdown of any and/or all items he has bid on. Price breakdowns will only be requested after the bid opening has taken place. r- II. Products A. Park Equipment 1. All equipment and material shall be new, unused, and the standard product of the manufacturer. B. All equipment shall be intended for users of ages 2-12. 1. All equipment and material shall be new, unused, and the standard product of the manufacturer. 2. It is intended that this park equipment f inction'as shown in the plan drawing included with these specifications. It shall be the bidders r , t responsibility to see that all the items bid function properly. All adapters, adjustments, modifications, etc., necessary to make the bid items complete shall be included in the bid price. r3. Touch up paint, matching the colors of each element, shall be included for each painted piece of equipment. r• C. Material - All park equipment shall be furnished by contractor. D. Equipment shall be installed as described on the following pages. 7 E. All equipment shall meet the safety guidelines as outlined by the Texas Accessability Standards (TAS), and by the Consumer Product Safety Commission (CPSC) by the National Bureau of Standards NBS) as it pertains to the Americans with Disabilities Act (ADA). F. The Owner will select all colors and notify the contractor in writing after the contract has been awarded. Subsequent orders, if any, will include color selection. Touch-up paint to be supplied for each structure. G. All opening, and interior opposing surfaces shall have no distances greater then 3.5 inches. H. Contractor shall submit one copy of each of the following to Owner before final approval; 1. Manufacture's assembly instructions. 2. Manufacture's erection drawings. 3. Manufacture's (1) maintenance kit. 4. Manufacturer's maintenance and repair procedures, checklists, programs, schedules, inspections, etc. III. Execution A. Installation 1. Prior to installation of equipment, Contractor shall stake location of all footings according to the manufacture's specifications and contact Owner for verification and approval. Owner shall verify all construction stakes for locations of elements at project sites. This is to ensure that pieces are properly spaced to Owner's satisfaction and that the minimum requirements for "safety zones" are met. Owner shall solve any final installation discrepancies contractor may have at this time. 2. All equipment shall be installed according to manufacture's specifications and erection drawings. Contractor shall be responsible for obtaining erection drawings, installation specifications, and a bill of materials for each piece of equipment from the manufacturer. 3. It shall be the Contractor's responsibility to acquire any missing pieces of equipment or replace any damaged pieces through the manufacturer. 4. All footings shall be as recommended by manufacturer or as specified sand backfill in regard to equipment installation height. (Note: All pieces" are to be installed to manufacture's directions as to specific height requirements.) Concrete to be as specified in section 04. 5. All pieces to be installed level regardless of slope, unless otherwise directed by manufacturer or owner. 6. Contractor shall replace any pieces damaged during installation with replacement material from the manufacturer. 7. Contractor shall.. submit one set of erection drawings to Owner showing footing layout and any departures from original plans. 8. Contractor is to touch-up all chips in paint to match existing colors. 9. Contractor shall close all `S' hooks completely. `S' hooks shall never be reused or reclosed. IV. Materials A. General Specifications 1. Tubing: All tubing shall be an electrical resistance welded cold rolled high strength steel tubing. The minimum yield strength shall be 55,000 psi and the minimum tensile strength shall be 55,000 psi. The exterior coating will consist of patented in line hot -dipped uniform zinc galvanizing, chromate conversion, and acrylic over -coating. The r, interior coating will consist of a special organic acrylic modified I polyester. 2. Metal deck products: All metal decking products shall be fabricated r from punched hot rolled sheet steel welded to a 1-1/4" x 3" channel iron 1 with cross brace reinforced frame. The assembly shall be dipped in poly -vinyl -chloride with a minimum thickness of 1/8", and oven cured. !' Deck products shall have a pattern of equally spaced holes in each side of frame channel to provide flush mounting of play events. The coating shall have a hardness of Shore A with a durometer of 88. Coating shall also contain ultraviolet inhibitors and a fungicide to prolong coating life. 3. Powder coat Finish: Shall be an electrostatically applied polyester powder coating. All components shall be free of sharp edges and excess weld splatter and shall be cleaned in a three stage bath system with an iron phosphate wash, as a rust inhibitor, before coating. The coating shall have a super tough finish with maximum exterior durability and will have the very best adhesion characteristics available. 7 Typical characteristics are: 1.5 - 2.5 mil thickness and oven cured at a minimum of 375 degrees Fahrenheit. Pencil hardness H (ASTM D- 3363), Abrasion (ASTM 1907), Impact (ASTM D-2794-69), Wedge r- Bend (ASTM D-522-68), Adhesion Cross Hatch ASTM D-3359 and Knife Scratch ASTM D-2197), Environmental (Stain Resistance ASTM D-1308, Humidity ASTM D-2242, Salt spray ASTM B- 117 and Fadometer 300 hours with no loss of gloss). Overbake Stability 100% at 400 degrees Fahrenheit. 4. Plastic products: shall be (except for LEXAN which is a registered trademark of General Electric ( or equal)) rotationally molded polyethylene. All polyethylene shall be either linear low -density, linear medium density, or cross link material. All materials shall be LTV stabilized with the color molded in and shall have a minimum wall thickness of 1/4". All plastic products shall meet or exceed the following specifications: ASTM D 1248, type 2, class A and Federal specification LP-39OC, type 1, class M, grade 2, category 3; Density (ASTM D-1505); Brittleness Temperature (ASTM D-746); Tensile Values (ASTM D-638); Flexural Modules (ASTM D-790). r B. Equipment breakdown per park. _ Bid shall contain the items listed herein: 2 Benches 2 Hopscotch 2 Four -square 1 8-Leg Heavy Duty 8' Modem Swing-2 belt seat, 2 tot seat 1 ADA accessible Transfer Station - Safety Tile surface at Transfer Station as required - Metal Decking as required - Deck -to -Deck Panels as required — - Metal Stairs as required - Posts as required - Pipe Wall Barrier, or Safety Panel (where required) 1 `S' Horizontal Challenge Ladder 1 Spiral Climber 1 Tic-Tac-Toe Panel 1 Arched Chain Climber, or Bean Stalk Climber 1 Stainless Steel Straight Slide, 18" wide 1 Track Ride, or Mono Rail 1 Turning Bar 1 Chinning Bar 1 Inverted, or Deep Rung Arch Climber 1 Chain, or Burma Bridge 1 Ring Bridge, Hand Trek, or Ring Trek — 1 Challenge Walk, or Log Roll 1 Balance Chain, or Sky Rocker 1 Slide Pole 1 Banister Rails, or Ribbon Slide 1 Ladder Climber, or Loop Climber Bid Alternate #1 (replaces stainless steel slide). 1 Spiral Slide 360 degree C. Equipment Specifications: Deck/Climber _ 1. Decks- All decks shall be constructed of punched hot rolled sheet steel and coated with a polyvinyl coating. Decks are elevated platforms upon which play stations are attached. — Types: -Square shaped approximately 4% 4' in surface area -Hexagonal shaped with sides approximately 4' on all sides - -Half Hexagonal shaped with sides approximately 4' on short sides and 8' on long side. -Triangular shaped with sides approximately 4' on all sides. -' I a. Deck Frame shall consist of 1-1/4" x 3" channel iron with cross brace reinforcing. b. Deck support for hex decks shall be provided and be a continuous, single piece of channel iron steel. Hex deck shall have no center hole. f' f c. Deck: Punched hot rolled sheet steel with a polyvinyl coating. See section for general deck finish specifications. d. Safety panels and deck to deck steps shall be located o- between deck elevation changes as recommended by CPSC guidelines. Panels shall be high density plastic. Steps shall �. be precision punched steel with a baked -on -poly -vinyl chloride coating. e. Hardware: Zinc or cadmium plated with a clear chromate ►- finish, f. Transfer point shall be a triangular shaped deck as specified above. Deck shall have flush punched or molded in handholds. Two pipe rail handholds shall also be included to assist users when transferring from wheelchairs onto the deck system. All other elements necessary to meet CPSC f- and ADA guidelines. 2. Step Deck- Punched hot rolled sheet steel rectangular deck used at an entry point to a play deck system. a. Size shall have 2-1/2" formed sides. Unit shall be dipped in poly -vinyl -chloride and oven cured. Deck to deck elevation changes shall be enclosed with high density plastic panels. 3. Ramps - Punched hot rolled sheet steel ramps and bridges for wheel- chair accessibility r., a. Ramps shall be constructed of same products and using same techniques as decks specified above. Ramps shall be completely compatible with deck system. b. Ramps shall be approximately 4' wide and 8'-12' long and shall include rails and curbs along the two long sides. These rails shall conform to Rung enclosures. ?^ 4. Deck Posts- vertical supports to elevate decks and ramps Note: Bidder shall insure that the posts supplied will elevate the platforms to the levels shown in the drawing following these specifications while j allowing 11" of play surface material to be placed over top of post footings. a. Deck posts shall be 5" min. diameter galvanized steel pipe. Posts shall have a minimum wall thickness of 1/8". Posts shall be topped vandal -resistant aluminum caps. All postsshall be Wm powder coated, color shall be determined by owner. 7 r 5. Deck -to -Deck panels a. Deck -to -Deck panels shall be fabricated from 10 mm min. thickness, high density, impact resistant, UV stabilized high resistant strength polyethylene. Panels shall have pre -punched holes for mounting. Mounting brackets shall be fabricated from 7 gauge flat sheet steel and dichromate washed. After fabrication all steel components shall have a baked -on electrostatically applied polyester dry powder coating. 6. Metal Stairs- Metal stairway with dual handrails and enclosed steps, unit shall attach to platform. Note: Units shall be designed to function with I I" of play surface material placed over top of footing. a. Ladder to be riveted together to form one piece. Side rails to be 16 gauge galvanized 5-1/2" formed steel channel; steps to be die formed 18 gauge galvanized steel 6-3/4" wide and 21" long with a dimpled surface. Finish shall be unpainted galvanized steel. b. Ladder handrails to be 1-5/8" O.D. galvanized pipe. Cap to be of 1-5/8" O.D. galvanized casting. Handrail assembly to be an all welded construction. Handrail finish shall be a powder coat finish. c. Mounting plate to be fabricated of 3/16" hot rolled steel with 3/8" hot rolled steel ear welded to it. Assembly to be an all welded construction. d. Top step to be 16 gauge galvanized steel with dimpled surface. 7. Rung Enclosure- Metal platform enclosure with railing and spindles. Enclosure shall attach to deck platform side. a. Enclosure: Shall be an all welded assembly of 1-5/16" O.D. galvanized steel pipe. Vertical rungs shall be flattened prior to welding to the horizontal top and bottom bar and shall be welded continuously around the entire perimeter. Tack welds and/or unflattened rungs are not acceptable. Rail height shall be a minimum of 42" in height. All welds shall be primed and painted with air dry aluminum. Enclosure finish shall be a powder coated finish. b. Spindles or rungs shall be placed such that a sphere of 4 in diameter or greater shall not be allowed to pass through. 8. Tic-Tac-Toe Enclosure- Anon -climbable platform enclosure with permanently installed rotating game pieces. a. Uprights: Aluminum extrusion with a cast aluminum end cap provided. b. Rungs: 1-1/16" O.D. galvanized pipe. Rungs to have pressed insert which can withstand 70001bs. withdrawl pressure. Inserts are threaded with serrated edges. f" c. Tic-Tac-Toe Game Piece: Shall be made of color impregnated .• rotationally molded polyethylene, with 5/16" wall thickness. Game markings of "X" and "O" shall be painted into recessed area of each game piece with black exterior grade paint. r' d. Angle Plates: Shall be made of 3/16" x 4" Hot Rolled flat steel. e. Finish: Rungs and angle plates shall have a powder coat finish. r, f. Hardware: All nuts, bolts, screws, tee -nuts, and lock washers are zinc or cadmium plated with a clear chromate finish. 9. Safety Rails r. a. Safety rail frames shall be fabricated from 1-1/8" O.D. min. i galvanized steel tubing. b. Vertical rungs of the safety rail shall be fabricated from 1" min. !- O.D. galvanized steel tubing and shall be continuously welded around the entire perimeter (or approved equal). c. After fabrication safety rails shall have a baked -on electrostatically applied polyester dry powder coating. .. 10. Sliding Pole Note: Unit shall be designed to function with 11" of play surface material placed over top of footings. a. Sliding Pole: Shall be an all welded assembly fabricated of 1-5/8" O.D. galvanized steel pipe and shall have a powder coat finish, C color to be determined by owner. b. Top Arch: Arch shall be fabricated of 1-5/8" O.D. galvanized pipe. r, Socket shall be fabricated of 2" O.D. x 10 gauge galvanized tubing. Mounting plate shall be fabricated of 1/4" x 1-1/2" Hot Rolled flat steel. Arch shall be an all welded construction with a powder coat r• finish. " c. Adapter Plates: Shall be fabricated of 3/16" thick H.R. steel, precision punched. Plates shall have a powder coat finish, color l^' shall be determined by owner. d. Hardware: All nuts, bolts, screws, tee -nuts, and lockwashers are zinc or cadmium plated with a clear chromate finish. 11. Stainless Steel Slide a. Bedway shall be formed from a single piece of 16 gauge no. 304 stainless steel with a 2B finish. b. Bedway handrails shall be fabricated from 1" min. O.D. stainless steel and be continuously welded in critical areas to the side walls r and turned down at both ends. c. Bedway shall be designed with 4" high side walls, min. 18" wide with 30 degree average slope, and a min. 16" exit section not more �. than 4 degrees off level. d. Slides shall have an average slope not to exceed 30 degrees. e. Exit section shall not be more than 4 degrees of level. r 12. (Bid Alternate 41) (Deduct stainless steel slide). 360 degree Spiral Slide with entry canopy. a. Slide shall be rotationally molded from linear low density, UV -stabilized polyethylene. Color shall be determined by owner. b. Center post shall be min. 3-1/2" O.D. pre -galvanized steel pipe with baked -on electrostatically applied polyester dry powder coating.. c. Spiral slide shall conform to CPSC guidelines for spiral slides. d. Slide shall provide a full 360 degrees of rotation. e. Slide side rails shall extend min. 14" high from the slide surface. 13. Spiral Climbers- spiral twisted pipe climber. Note: unit shall be designed to function with 11" of play surface material placed over top of footing. a. Climber shall have no gaps greater than 3-1/2" or less than 9" and shall be of a design which will not allow children to climb into or become lodged in the interior of the coil. Coil shall be fabricated from 1 5116" outside diameter galvanized steel pipe. Coil shall have a powder coat finish. b. The center support post shall be fabricated of 1-5/8" O.D. galvanized steel pipe and have a powder coat finish. 14. Track Ride/Mono Rail - An elevated rail upon which one may slide from one end to the other while hanging from a hand -hold. a. The beam rail shall be approximately 12' long and shall consist of a one-piece aluminum (6061-T6 alloy) extruded beam. Each end of the track shall be equipped with rubber stops. b. Cross beam supports shall be fabricated from 2-3/8" outside diameter galvanized steel tubing, c. The roller assembly shall consist of four load supporting wheels with ball bearings and two lateral supporting wheels to prevent the roller assembly from rubbing the beam. An oil impregnated bronze bushing shall be pressed into the steel carrier for hanging the track ride handle. The handle shall be fabricated from 1" outside diameter galvanized steel pipe. 15. Arch Climber- Climber which curves from deck level to ground level Note: Unit shall be designed to function with 11" of play surface material placed over top of footings a. Climber shall be a one piece all welded construction with rungs welded to siderails. b. Side rails shall have a min. center to center spacing of 30" and be fabricated from 2-3/8" outside diameter galvanized steel pipe. c. Rungs shall be fabricated from 1.125" min. outside diameter galvanized pipe. i r 16. Ladders- horizontal pipe rungs (2 rungs for a 36" deck, 3 rungs for a r 48" deck), attached to deck supports so that decks may be accessed. a. Ladder shall be fabricated from 1 5/16" O.D. galvanized steel pipe, with a powder coat finish. b. Ladder shall be designed to be attached to the deck and climber supports. 17. Arched Chain Climber- Climber which curves from deck level to ground level. Unit shall be designed to function with 11" of play surface material placed over top of footings �- a. UV stabilized polyethylene coated chain assembly shall fabricated of 4/0 chain and 7/8" dia. step rungs b. Arched Chain Climber shall utilize two (2) 1.315" steel tubing side !^ rails c. Chain ladder shall have two handloops and shall attach to the face of the deck. 7 d. Chain ladder shall be bolted to a direct bury footer or surface mount plate in the same manner as to the face of deck. Side rails shall be powdercoated. Color shall be determined by owner. 18. Chinning /Turning Bars a. Chinning Bars and Turning Bars shall be designed to attach to the 5" standard type deck post. i b. Chinning /Turning Bars shall be fabricated from 1-5/16" O.D. galvanized steel pipe. All steel pipe components shall comply with ASTM standards: A-135, A-500, or A-513. The steel pipe shall have superior galvanic protection achieved through the following process. 1. The pipes shall be hot dipped in zinc for a uniform galvanizing. r- 2. The interior of pipes shall be sprayed with zinc -rich cold - galvanizing compound. 3. The components shall be freed of excess weld spatter and shall be Fla cleaned in a three bath system which shall include a rust - inhibitive iron phosphate wash prior to painting. After fabrication, all of these components shall be powder coated, color '^ shall be determined by owner. 19. `S' Horizontal Ladder - Horizontal Ladder formed into a `S' shape. a. Unit shall be designed to fit between posts set at 48" apart, two on r each end. Rungs shall be 48" wide to allow more than one user at a time. b. Side rails shall be fabricated from 2-3/8" O.D. galvanized steel pipe. Unit shall be powder coated. c. Intermediate supports shall be fabricated from 1-5/8" O.D. galvanized steel pipe and shall be offset for a wider play area. 20. Banister Rails/Ribbon Slide' . a. Rails shall be fabricated from 1.90" min. O.D. galvanized steel pipe. b. Rails shall have a baked -on electrostatically applied polyester dry powder coating. 21. Chain/Burma Bridge a. UV stabilized polyethylene coated 4/0 chain shall be woven together with 9" square openings. b. Ends shall be connected to the face of the adjoining decks. c. Sides shall be secured with steel ring hangers welded to a 2-3/8" O.D. galvanized steel tube. d. Handrails shall be 1.90" O.D. galvanized steel tube. Both the 2-3/8" O.D. support rails and the 1.90" handrails shall have a baked -on electrostatically applied polyester dry powder coating. 22. Balance Chain a. UV stabilized polyethylene coated chain shall be fabricated of 4/0 chain with a double clevis and ring hanger/bolt bracket attachment on both ends. b. Beam shall have a baked -on electrostatically applied polyester dry powder coating. 23. Ring Bridge, Hand Trek, or Ring Trek - Event where user may swing from ring to ring to move from one area to another. a. Unit shall consist of a 2-3/8" O.D. galvanized steel beam with steel ring hangers welded in place. b. Bronze bushings shall be oil impregnated and pressed into ring hangers after powder coating. c.. Handles shall be cast in tenzaloy self -aging aluminum alloy which complies to ASTM standards B 179-73, B26-72, B 108.43, and Federal *Specifications QQ-A-371f, QQ-A-6OLD, and QQ-A-596e. 24. Log Roll a. Log Roll shall be molded from U.V. and color stabilized, linear low density polyethylene. b. Log shall be 16" in diameter and 48" long and have a heavy non- slip pattern on the surface. The log shall be supported with a` molded -in steel sleeve utilizing an oil impregnated bushing at both ends. c. A 1-1/8" O.D. aluminum axle shall connect the log to Two (2) 5 O.D. galvanized steel posts. d. Two (2) Handrails shall be fabricated from 1-5/16" O.D. galvanized steel pipe. 25. Ladder Panel - To transfer from deck -to -deck. a. Ladder Panels shall be fabricated from 13/32" thick high density, impact resistant, UV stabilized polyethylene. b. Steps and mounting holes shall be pre -punched. 26. Ladder Rungs - Horizontal pipe rungs (2 rungs for a 36" deck, 3 rungs for a 48" deck, 4 rungs for a 64" deck), attached to deck supports so that decks maybe accessed. a. Ladder shall be fabricated from 1 5/16" O.D. galvanized steel pipe, with a powder coat finish. b. Ladder shall be designed to be attached to the deck and climber r supports. 27. 8-Leg Heavy Duty 8' Modern Swing - two belt seats, two tot seats. a. Toprails: Shall be fabricated of 3-1/2" O.D. galvanized pipe, and shall be 8' max. above play surface finish elevation. b. Legs: Shall be fabricated of 2-3/8" O.D. galvanized pipe. Legs shall be of sufficient length to allow 18" to enter concrete footings and allow for I V of play surface material to be placed over footing while maintaining toprail height of 8'. c. Fittings: Shall be yoke type with 3 legs on each end and 2 legs supporting interior sections. Yokes shall be fabricated of 2-7/8" O.D. galvanized steel pipe providing a close fit to legs and beams and shall be formed without distortion with continuous bead weld. Yokes shall be secured to the legs and top beams by socket set screws. d. Belt Seat - Rubber belt swing seat with a steel insert. 1. Size 3/8" thick x 5" wide x 25" long. Inserts shall be fabricated of 26 gauge martinsite steel with three .062 wire cables fastened to the insert. End brackets shall be fabricated of 14 gauge hot rolled steel zinc of cadmium plated. Grommets shall be fabricated of stainless steel. Seat covering shall be of molded 50 durometer EPDM rubber. 2. Type of Construction: The seat shall be molded in special dies, over solid martinisite steel inserts. The inserts with cables completely circle the end holds and not only add strength to the molded rubber, but also deter vandals from cutting the belt. The holes (where "S" hooks enter Seat), are completely encircled by the end bracket for reinforcement. 3. Swing hanger, chain, and "S" hooks shall be included for each swing. e. Tot Seats - Fully enclosed rubber swing seat with steel insert to be used by young children. Hangers, chain, and 'S' hooks shall be included. 1. Inserts shall be fabricated of 26 gauge martinsite steel. Triangles shall be fabricated of 3/8" diameter H.R. steel, zinc or cadmium plated. End brackets shall be fabricated of 14 gauge H.R. galvanized steel. Seat covering shall be molded 50 Durometer (hardness ratio) - EPDM rubber, 3/8" thick. PM r 2. Type of construction: the seat shall be molded in special dies over solid martinsite steel inserts. The inserts shall completely encircle the end holes and not only add strength to the molded rubber but also deter vandals from cutting the belt. The holes (where rivets enter seat) shall be completely encircled by the end bracket for reinforcement. f. Swing hardware: 1. Hangers: Shall be cast in two halves. The top half shall have a non -slip serrated surface. Two ears shall be cast on the top half and lower half of the swing hanger body shall have a sintered bronze bearing incorporated in to it to reduce wear. Two 3/8" hex head bolts. The lower half of the swing hanger body shall have a sintered bronze bearing incorporated in to it to reduce wear. Two 3/8" diameter hex head bolts shall hold the two halves of the swing hanger together. The clevis shall be attached to the swing hanger together by a 7/16" diameter bolt through clevis and bearing. The clevis shall be tapped for a 7/16" thread. 2. Swing Chain: Material shall be Hot dipped galvanized 4/0 welded link coil chain of 7/32" diameter steel wire. The material shall be a low carbon steel with a minimum tensile strength of 55,000 psi. Link Size shall be 3/16" wide and 1-13/16" long. 3. "S" Hooks shall be fabricated of 3/8" diameter C 1018 medium low carbon grade cold drawn steel. Minimum yield strength of 50,000 psi. All "S" Hooks shall have a bright zinc plating to .5 mil minimum thickness with a chromate finish. Overall size shall be 3-3/8" long, 2-5/16" wide. 28. Park Bench - Expanded metal park bench with back mounted on two straight legs, mounted in concrete border walk (see plan for details). a. Frames shall be formed of 2-3/8" O.D. galvanized steel pipe, including long stream -lined leg which is electrically welded to the frame. Finish shall be unpainted galvanized steel. b. Legs: To be 2-3/8" O.D. galvanized steel pipe and of sufficient length to extend 24" into concrete footings. Leg finish shall be unpainted galvanized steel. c. Exposed open ends of frames shall be capped. d. Seats and Seat Backs: made with heavy duty 3/4" #9 expanded metal and framed by 2" x 2" x.1/8" angle. All center braces, made of 3/16" x 1-1/2" flat steel. The coating shall be hot dipped baked on plastisol with ultra -violet retardants and a fungicide. Overall length shall be 6-0 End of Section