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HomeMy WebLinkAboutResolution - 2009-R0218 - Contract - Minnix Commercial Partners LTD - Playground Improvements - 05/28/2009Resolution No. 2009-RO218 May 28, 2009 Item No. 5.20 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, Construction Contract No. 8948 for Burns, Hollins & Woods Park Playground Improvements per ITB 409 -718 -DD, by and between the City of Lubbock and Minnix Commercial Partners, Ltd of Lubbock, Texas, and related documents. Said Construction Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of May , 2009. -I�A4;97 TOM MARTIN, MAYOR ATTEST: Rebec4Garza, Ciiy Secretary APPROVED .AS TO CONTENT: Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vwicedocsiChad/Resolutions/RES.Contract-Minnix Commercial Partners, Ltd May 13, 2009 CITY OF LUBBOCK SPECIFICATIONS FOR BURNS, HOLLINS & WOODS PARK PLAYGROUND IMPROVEMENTS ITB #09-718-DD Contract # 8948 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY http://pr.thereproductioncompany.co Phone: (806) 763-7770 "A City of Planned Progress " CITY OF LUBBOCK Lubbock, Texas Pare Intentionally Left Blank t. I r i City of Lubbock t pUBLIC WORKS CONTRACTING OFFICE SUITE 204, MUNICIPAL BUILDING 1625 13m STREET LUBBOCK, TEXAS 79401 pH: (806)775-2168 FAX: (806)775-2164 http:l/purchasing.ei.lubbock.tx.us DATE ISS UED: CLOSE DATE: riBri 09-718-DD. Addendum 4 1 ADDENDUM # I ITB # 09-7 18-DD Burns, Hollins & Woods Park Playground Improvements April 27, 2009 April 30, 2009 @ 3:00 P.M. 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. I . Bidders attention is invited to the following clarification provided by the ARCHITECT. PLANS - Sheet I (BURNS SITE PLAN / DEMOLITION PLAN) • Install the water fountain at the location as indicated on PLAN SHEET #2. • REMOVE and dispose of 28 square foot concrete slab. (Not shown in plans). PLANS - Sheet 2 (BURNS IRRIGATION) • Remove picnic slab. Install bench as shown on PLAN SHEET #1. • DELETE Referenced Note #5 The Owner has reviewed Substitutions and Product Options submitted for approval in accordance with the following specifications. Section 01630, Substitutions and Product Options, Part I -General, 1.02 General, A. In the event that the clause "or equal" is used in the specifications pertaining to materials; all proposed substitutions must be submitted to the Owners Representative no later than 7 calendar days before the closing date for approval. Substitution submittals must include all manufacturer's literature, certifications and operating instructions as well as shop drawings proving service and performance equal to or better than that depicted on the plans. Bidder shall provide the same warranty for substitution as for product specified. and C. The Owner reserves the right to deny any request for substitution when the required information is not submitted. The Owner reserves the right to deny any substitution that does not provide equal performance or quality. Only the following items are approved as equal as submitted for 09-718-ITB Burns, Hollins & Woods Park Playground Improvements: Pedestal Grills Pilot Rock, Model #A20/SB2 Picnic Tables and Benches :gone Playground Equipment None ITB# 09-718-DDad I ( Park Benches Wabash Valley, Model #PP301 W Drinking Fountain None ITS# 09-718-DD. Addendum # I 2. Bidders attention is invited to the following questions and responses: QUESTION: One of the Irrigation subs is not a licensed installer (one of his employees is, though). Is this situation acceptable to the City of Lubbock? ANSWER: Clarification on Irrigators Licensed, The Texas Commission on Environmental Quality (TCEQ) regulations shall govern. I :)k3;I11iils.l.C:Ci.Ilii`r�t<It'iC:l i311i?i',','tt.::tt :i;;., FIi3!j:(.�i —t;1' — "Licensed irrigators av can sell, design, consult, install, maintain, alter, repair. or service an irrigation system including the connection of such system to a private or public, raw or potable water supply or any water supply. This includes water wells and unincorporated areas of the state. Licensed installers (IN) can only connect a landscape irrigation system to a water supply under the direct supervision of the licensed irrigator. Generally, a licensed installer is regularly employed by a licensed irrigator. A licensed installer may not perform any of thefunctions of a licensed irrigator without working for a licensed irrigator. " QUESTION: Is a silt fence required around projects that disturb less than one acre? ANSWER: Silt fence should be installed as required to comply with State or Federal law. QUESTION: Is a certified erector of playground equipment required? (I would like to use my own People ANSWER: Installer shall have min 3 years experience in the installation of equipment of similar design and complexity for use by the public. Installer shall be Certified by the Manufacturer. QUESTION: Sheet 1: The accessible ramp section D shows truncated pavers over masonry sand. The City of Lubbock Standard requires truncated pavers over I" sand cushion over 4" thick Concrete w #3 bars @ 18" ocew. Which way do you want it built? ANSWER: Build according to C.O.L. standard requires truncated pavers over I" sand cushion over 4" thick Concrete w #3 bars @ 18" ocew OUESTION: Who hauls off the old playground equipment? If we are transporting, where does it go? ANSNNTR: The Owner reserves the right to remove any equipment. Contractor is responsible for removing equipment that remains to an approved dump site. QUESTION: The picnic table with benches (drawn) differs from the model number listed below the drawing (ADA with 4' benches). Which one do you want? ANSWER: I encoat, Model 15EH06DP-SM, 6' Double pedestal, Surface Mount, handicap accessible on both ends. 1TB# 09-718-DDad I 2 I Page Intentionally Left Blank ITB# 09-718-DD, Addendum,# I All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions maybe faxed to (806)775-2164 or Email to GL!os- ............ . ...... ......... . . THANK YOU, CITY OF LUBBOCK Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidders responsibility to advise the City of Lubbock BLtyer if any language, requirements. etc.. or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by Buyer no later than five (5) business days prior to the bid close date. A review of such notifications will be made. - ' ITBM 09-71 8-Mad 1 3 t_- CITY OF LUBBOCK INVITATION TO BID FOR TITLE: BURNS, HOLLINS & WOODS PARK PLAYGROUND IMPROVEMENTS ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 09-718-DD Contract # 8948 PROJECT NUMBER: 91170.8304.10000 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE Paae Intentionally Left Blank --'° City of Lubbock, TX Public Works Contracting Office Contractor Checklist for ITB # 09-718-DD Before submitting your bid, please ensure you have completed and included the following: I. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 4. Ensure your bid is RECEIVED by the City of Lubbock Public Works Contracting Office prior to the deadline. Late bids will not be accepted. 5. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAXID number or Owner's SOCIAL SECURITY number. 8. � Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN TWO BUSINESS DAYS AFTER CLOSING 1. / Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON- RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. Minnix Commercial Partners Inc. (Type or Print Company Name) INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. LUMP SUM BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 3-5. PROPOSED LIST OF SUB -CONTRACTORS 4. POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than two business days after the close date when bids are due.) 4-1. FINAL LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. DAVIS BACON WAGE DETERMINATIONS 11. SPECIAL PROVISIONS 12. SPECIFICATIONS Page Intentionally Left Blank NOTICE TO BIDDERS Paize Intentionally Left Blank f I u NOTICE TO BIDDERS ITB #09-718-DD Sealed bids addressed to Darlene Doss, Buyer, City of Lubbock, Texas, will be received in the Public Works Contracting Office, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 P.M. on April 30, 2009, 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: "BURNS HOLLINS & WOODS PARK PLAYGROUND IMPROVEMENTS" After the expiration of the time and date above first written, said sealed bids will be opened in the Public Works Contracting Office and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Buyer for the City of Lubbock, before the expiration of the date above first written. ' Bids are due at 3:00 P.M. on April 30, 2009, and the City of Lubbock City Council will consider the bids on May 14, 2009, 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 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. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. 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 ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's 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 non -mandatory pre -bid conference on April 15, 2009 at 9:00 A.M., in the Municipal Building City Council Chambers at 162513th Street, Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at http://pr.thereproductioncompany.com/ . ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. 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 Buyer of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein 1 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 bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall 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 require special assistance, please contact the Buyer at (806) 775-2168 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK DARLENE DOSS BUYER GENERAL INSTRUCTIONS TO BIDDERS Page Intentionally Left Blank L__ GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Burns. Hollins & Woods Park Playground Improvements per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 P.M.. on April 30, 2009 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #09-718-DD, Burns, Hollins & Woods Park Playground Improvements" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Darlene Doss, Buyer City of Lubbock 1625 13th Street, Room 204 Lubbock,Texas79401 1.2 Bidders are responsible for making certain bids are delivered to the Public Works Contracting Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 9:00 A.M.. on April 15. 2009 in the Municipal Building Citv Council Chambers at 1625 13"' Street Lubbock Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Public Works Contracting Office. At the request of the bidder, or in the event the Public Works Contracting Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such addenda issued by the Public Works Contracting Office will be available over the Internet at www.bidsync.com and will become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Public Works Contracting Office no later than five (5) calendar days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock { shall not be legally bound by any amendment or interpretation that is not in writing. Only information i supplied by the City of Lubbock Public Works Contracting Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. L 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Public works Contracting Officer and a clarification obtained before the bids are received, and if no such notice is received by the Public works Contracting Officer prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Public works Contracting Officer before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The Cityof Lubbock will honor our notations of trade secrets and confidential information and decline Y to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under _ Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open , Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 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. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Public works Contracting Officer if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Public Works Contracting Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Darlene Doss, Buyer City of Lubbock Public Works Contracting Office -- 1625 13t' Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: ddoss(4mylubbock.us jj Bidsync: www.bidsvnc.com I 3 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within ONE HUNDRED FORTY-FIVE (145) WORKING DAYS for all parks from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 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 ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 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 Concrete Flatwork contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 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. 17 GUARANTEES 17.1 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). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will VI 1 be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and �_ under this Contract including, but not limited to, its right pertaining to termination or default. 4 L_ 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or ( any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for 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. 19 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. 20 TEXAS STATE SALES TAX 20.1 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. 20.2 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. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a 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. 22 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. 23 EXPLOSIVES 23.1 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 F- 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. }' 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 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 property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE 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. 25 INSURANCE 25.1 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 coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, 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 CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 26 LABOR AND WORKING HOURS 26.1 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 that 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 Texas Government Code, Chapter 2258, Prevailing Wage Rates 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 the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 6 £ 2 1 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 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. 26.2 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. 26.3 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. 27 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, sworn, 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. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, 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. 28 PROVISIONS CONCERNING ESCALATION CLAUSES 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. 29 PREPARATION FOR BID 29.1 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. 29.2 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 properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 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: 30 31 29.3.1 Bidder's name 29.3.2 Bid for (Burns, Hollins & Woods Park Playground Improvements, ITB-09-718-DD). 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. 0) Insurance Certificates for Contractor and all Sub -Contractors. 0) 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. OUALIFICATIONS 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 about the bidder's 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 bidder's bid may be deemed not to meet specifications or the bid may be rejected 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: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors k Before contract award, the recommended contractor for this project may be required to show that he has t experience with similar projects that require the Contractor to plan his work efforts and equipment needs with Ii City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This r, list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work s on this project in compliance with City of Lubbock specifications herein. 8 iE (t s 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for the LUMP SUM Bid plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34 PREVAILING WAGE RATES Y 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the 9 worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: http://www.gpo.gov/davisbacon/alistates.htmi 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. f � I 10 t i BID SUBMITTAL FORM Paae Intentionally Left Blan BID SUBMITTAL FORM LUMP SUM BID CONTRACT DATE: A[tril 30, 2009 PROJECT NUMBER ITB-09-718-DD - BURNS, HOLLINS & WOODS PARK PLAYGROUND IMPROVEMENTS Bid of. Minix Commercial Partners, Ltd. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a Burns. Hollins & Woods Park Playground Improvements having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BURNS PARK Construction will include all labor, material, services and equipment required in conjunction with, or ' properly incidental to the work described in the plans and specifications for "Burns, Hollins & Woods . Park Playground Improvements." MATERIALS: ONE HUNDRED THOUSAND ONE HUNDRED FORTY AND NO/100 (S 100,14100 SERVICES: EIGHTY SEVEN THOUSAND EIGHT HUNDRED SIXTY AND NO/100 S . 87,8860 00 TOTAL BID : ONE HUNDRED EIGHTY EIGHT THOUSAND AND NO/100 ($ 188. 000.00_� 4-- (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shalt govern.) HOLLINS PARK Construction will include all labor, material, services and equipment required in conjunction' with, or properly incidental to the work described in the plans and specifications for "Burns, Hollins & Woods Park Playground Improvements." MATERIALS: ONE HUNDRED SEVEN THOUSAND SIX HUNDRED AND NO/100 $ 107, 600.00 I SERVICES: EIGHTY SIX THOUSAND FOUR HUNDRED AND N0/100 $ 86.400.00 l TOTAL BED: ONE HUNDRED NINETY FOUR THOUSAND AND N0/100 194 000.00 .. (Amount shall be shown in both words and numeral ' cease of discrepancy, the amount shown in words shall govern.) `i - Bidder's Initials Pate Intentionally Left Blan WOODS PARK Construction will include all labor, material, services and equipment required in conjunction with, or properly incidental to the work described in the plans and specifications for "Burns, Hollins & Woods Park Playground Improvements." MATERIALS: ONE HUNDRED FIFTEEN THOUSAND EIGHT HUNDRED SEVENTY TWO AND N01100 (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL ALL PARKS MATERIALS: THREE HUNDRED TWENTY THREE THOUSAND SIX HUNDRED TWELVE AND N01100 $ 323, 612.001 SERVICES: TWO HUNDRED FIFTY NINE THOUSAND THREE HUNDRED EIGHTY EIGHT AND N0/�1000 ($ 25% 388.00 ) TOTAL ALL FIVE HUNDRED EIGHTY THREE THOUSAND AND N01100 ($ 583, 000.00 ) PARKS: (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) - ji. Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete all parks within 145 (ONE HUNDRED FORTY-FIVE WORKING 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 $190 (ONE HUNDRED NINETY^ for each day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of THIRTY (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of that bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute al necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. g Bidder's Initials Pay-e Intentionally Left Blan Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of five percent Dollars 5° 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 fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business 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. Date: April 30, 2009 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price., THEREFORE, ANY CORRECTIONS TO THE BID PRICE Authorized Signature MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No.1 Addenda No. _ Addenda No. MI"E Firm: Date 7/ 9 Date Date Tim Minnie (Printed or Typed Name) Minuix CQmmerclal Partners, Ltd. Company PO Box 64895 Address Lubbock, Lubbock City, County Texas 79424 Telephone: 806-7984 35 Fax: 806-798-9761 FEDERAL TAX ID or SOCIAL SECURITY No. 20-1329184 Woman I I Black American I I Native American Hispanic American I I Asian Pacific American Other (Specify) Bidder's Initials 3 Page Intentionally Left Blank CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent Must be submitted with Bid I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. ( Contractor (Original Signature) Contractor (Print) l_ CONTRACTOR'S FIRM NAME: I Yi i n n i X Co m ni { C ct Ct ( Pa t �- Y e f s �hC (Print or Type) CONTRACTOR'S FIRM ADDRESS: i L bask Tx 791 -Qd IS Name of AgentBroker: !'J'! H ��n / u ra-n c �- Agent / ker (Signature) Address of Agent/Broker: ff __l e % o .5-6) y City/State/zip: L v ��JG7c , —T�r 7g `-%/ a Agent/Broker Telephone Number. (M) Date: NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Buyer for the City of Lubbock at (806) 775-2168. BID #09-718-DD - BURNS, HOLLINS & WOODS PARK I1VIP'ROVEMENTS [k I.. SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and ' his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: 1 QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, 1 corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO � If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: I_ Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. F Bidder's Initials ESTION TWO has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or ype, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal icenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO � f the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, he following information with respect to each such conviction: Tate of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty issessed. QUESTION THREE rias the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily r jury or death? YES NO �I ae bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. r _ ACKNOWLEDGEMENT 1, 'rHE STATE OF TEXAS BOUNTY OF LUBBOCK r I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and nswers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, i__ind that any misrepresentations or omissions may cause my bid to be rejected. Signature Partner Title SUSPENSION AND DEBARMENT CERTIFICATION 1 "ederal Law W102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub - wards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions `e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals Tire not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not uspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by Federal agency. t.. COMPANY NAME: Minnix Commercial Partners, Ltd. FEDERAL TAX ID or SOCIAL SECURITY No. /20-1329184 sib,,ature of Company Official: �`G ram✓ Tinted name of company official signing above: Tim Minnix Date Signed: April 30, 2009 __i 6 PROPOSED LIST OF SUB -CONTRACTORS �s , Company Name and City Minority Owned Yes or No 1. DEMO/SITEWORK RJNKMAX LUBBOCK, X ❑ ur 2. LANDSC_"E/HMGATION JSL LANDSCAPING LUBBOCK, TX ❑ uK EXERPLAY CEDAR CREST, NM 3. PLAYGROUND EQUIPMENT ❑ Gr 4. PLAYGROUND EQUIPMENT INSTALLATION RGH LANDSCAPE AMARILLO, TX ❑ u 5. CONCRETE M & US CONCRETE LUBBOCK, TX ❑ of 6. PAVING OUICKSTRR LUBBOCK, TX ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR BID IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO BED #09-718-DD - BURNS, HOLLINS & WOODS PARK IMPROVEMENTS Paae Intentionally Left Blank POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Public Works Contracting Office Not Later Than TWO BUSINESS DAYS after the close date when bids are due. FINAL LIST OF SUB -CONTRACTORS Pate Intentionally Left Blank FINAL LIST OF SUB -CONTRACTORS Company Name and City Minority Owned Yes or No 1. 0 0 2. L L'A-rli) 6 C 6,0, El 3 4. 5. it V llwascave I/vc- 41A 4A t iW_0 n 6. M'rUi 0 7. 04 8. 9. 10. 12. 0 0 13. 0 0 14. 0 0 15. 0 0 16. 0 0 THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN TWO BUSINESS DAYS AFTER THE CLOSE DATE WHEN BIDS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO BID #09-718-DD - BURNS, HOLLINS & WOODS PARK IMPROVEMENTS 4 Page Intentionally Left Blank I I PAYMENT BOND Paae Intentionally Left Blank 3 #- Bond No. S9060567 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) Minnix Commercial KV.DW ALL MEN BY THESE PRESENTS, that Partners, LTD. (hereinafter called the Principal(s), as hincipal(s), and Washington International Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Five hundred eighty three thousand Dollars ($583,000.00) lawful money of the Urited 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 28th day of May , 20091 to make playground improvements for Burns. Hollins & Woods Parks ani said Principal under 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 as if copied at length herein. NOW, THEREFORE, THE CONDITION OF TINS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to hire 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 liabilities 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. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 5th day of June 2009. Washington International Insurance Company Minnix Commercial Partners, LTD. Surety /% / (Company Name)- , Attorney —in —Fact The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J. Dunn 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. Washington International Insurance Compa�n -•—_ Surety * By{Title ev)1 nn A orney—in--Fact Approved as to form: City of Lubbock Sy::l Attorney * Note: If signed by an officer 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 Fact, we must have copy of power of ik attorney for our files. 5 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: W. LAWRENCE BROWN, TRACY TUCKER, TOBIN TUCKER and KEVIN J. DUNN JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'h of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �p��Wuuunp/i nurr,�i, 6Q.Gp'PPON". � B rygP1gVauas1111bi e IONAt al1P ...... G fiSEAL Steven P. Anderson, on, President & Chief Executive officer of Washington International Insurance Company z`v G SEAL T� u) 1973 eQr_c = & Senior Vice President of North American Specialty Insurance Company 6 i :O By 1�v '*' David M. Layman, Senior Vice Presiden ooff Washington International Insurance Company IZI & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 6th day of April , 2009 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page Ss: On this 6th day of April 20 09 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective companies. "OFFICIAL SEAL" I)ONNA D. SKLENS Notafy Public, State of Minois My Commiasion Expires 10/06=1 ko,n,w �) A""o Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, witch is still in force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of 204T James A. Carpenter, Vice President & Assistant Secretary of Washington International insurance Company & North American Specially Insurance Company IMPORTANT NOTICE In order to obtain information or make a complaint: You may contact Jim Carpenter, Vice President - Claims, at 1-800-338-0753. You may call Washington International Insurance Company and/or North American Specialty Insurance Company's toll -free number for -- information or to make a complaint at: 1-800-338-0753 You may also write to Washington International Insurance Company and/or North American Specialty Insurance Company at the following address: 1200 Arlington Heights Road #400 Itasca, IL 60143 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: ihttp://www.tdi.state.tx.us E-mail: ConsumerProtectioii@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the Washington International Insurance Company and/or North American Specialty Insurance Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter un queja: Puede comunicarse con Jim Carpenter, Vice President - Claims, al 1-800-338-0753. Usted puede llamr al numero de telefono gratis de Washington International Insurance Company and/or North American Specialty Insurance Company's para informacion o para someter una queja al: 1-800-338-0753 Usted tambien puede escribir a Washington International Insurance Company and/or North American Specialty Insurance Company al: 1200 Arlington Heights Road #400 Itasca, IL 60143 Puede escribir al Departmento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1- 800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection @ tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Washington International Insurance Company and/or North American Specialty Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el Departmento de Seguros de Texas. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de infromacion y no se converte en parte o condicion del documento adjunto. No Text Page Intentionally Left Blank Bond No. S9060567 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Minnix Commercial Partners, KNOW ALL MEN BY THESE PRESENTS, that LTD. (hereinafter called the Principal(s), as Principal(s), and Washington International Insurance Compaq [ (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Five hundred eighty three" thousand Dollars ($ 583,000_00) lawful 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 the28thday of I May ----,2009.to make playground improvements for Burns, Hollins & 1 Woods Parks and said principal under 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 as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 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 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 shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 5th day of June , 209. Washington Inter tion Insurance Company Surety By /e�n �tle) J. Dunn, Attorney -in -Fact 0 Minnix Commercial Partners, LTD. (Company Name) No Text The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designatesKevin J. Dunn 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. Washington International Insurance Com an Surety /I V. (TitlepK J. Dun2i, tor rney—in£act Approved as to Form A City of Lubbock i Barney * Note: If signed by an officer 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 Fact, we must have copy of power of attorney for our files. 2 -1 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: W. LAWRENCE BROWN, TRACY TUCKER, TOBIN TUCKER and KEVIN J. DUNN JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or inay be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'h of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice Presidenl the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be -, binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \������6hun' l, 4/�/ �p wauuenniyi aP / By �FGOFPOggG -=i SEAL Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company z S'{L µdi l 1973 toi = & Senior Vice President of North American Specialty Insurance Company pi ccc��� � `IyHAMP�'i`�e• O` tr9 i 't7 rn By •..,* , David M. Layman, Senior Vice Presiden of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 6th day of April 2009 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS: _ On this 6th day of April 20 09 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective colnnanies. D /% "OFFICIAL SEAL" DONNA D. SKLENS Notary Public, State of Minos Donna D. Sklens, Notary Public My Commission Expires 1010=1 D I, James A. Carnenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington l International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thiOday of /�� "20 James A. Carpenter, Vice President & Assistant Secrelary of Washington International Insurance Company & North American Specialty Insurance Company CERTIFICATE OF INSURANCE Page Intentionallv Left Blank 2009-06-16(TUE) 12:04 Cam Fannin (FAX)806 747 3040 P.001/002 i, ACORD CERTIFICATE OF LIABILITY INSURANCE OPID Rp DATE6/16/Y09 MINNI-1 06 16 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cam Fannin Insurance Agency HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 6745 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lubbock TX 79493-6745 Phone:806-747-4422 Fax:806-747-3040 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: DallaA National Tneo— ' INSLIHI-H A: — Toxaa Mutual Inauranoc any 35076 M.i =lz Cre±al Partners, LTD INSURER D: Acadia Insurance Co an 31325 P. O. Box 64895 INSURER0: soottwd 1. lnauer,,cw company 41297 Lubbock TX 79464 INSIIRER E: %; V V Mr%RV Ga TI IF POLICIES OF INSURANCE LISTFI) BELOW I IAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POI ICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI I H HFSPFCT TO WI IICI I THIS CERTIFICATE MAY BE ISSUFD OR MAY PERTAIN, TI IF. INSURANC,F AFFOROFr) BY TI IF. POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, tXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AUURECATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIU CLAIMS INBR D' POLICY NUMBER DATE MM/D DA E Y�N LMITS LTR NSR TYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENUI- $ 1000000 A $ $ COMMI-H(CIAI GFNI-KAI IIAHIIITY DGL088453 08/28/08 08/28/09 DAMAGE it) HF PREMISES (Ea nrcurence) $100000 CLAIMS MADE Fil OCCUR MH) FXP (Any arc Peraun) E 5000 VI-HSONAL & ADV INJURY 51000000 OENF.HAI AGGREGATE S 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS .COMPIOPAGG s2000000 J[ I POLICY I I jE OT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIM11' $ 1000000 C X X ANY AUTO CAA4287292 09/28/08 O8/28/09 (CaWAdent) ALL OWNED AUTOS HODILYINJURY $ (I'rr perrsen) SCHEDULED AI ITOS HIHFI)AU106 BODILYINJU14Y S (Per aodtlern) NON -OWNED AUTOS PROPERTY DAMAGE $ _ .._.._._._._ -- V (Her accident) GARA0E UASILITY AU 10 ONI Y . EA ACCIDENT $ OTHER THAN FA ACC ANY AUTO $ AUTO ONLY. AGG $ EXCESMMSRELLALIABILITY EACIIOCCURRENCE _ $ 5000000 D OCCUR CLAIMS MADE XLS0055220 11/03/08 07/03/09 AGC.iRF('ATE $ S ( DEDUCTIBLE $ $ RETENTION $ 10000 $ WORKERS COMPENSATION AND IA111 TORY LIMITS_ £R g EMPLOYERS' LIABILITY TSF1095348 01/03./09 01/01/10 G.L. EACH ACCIDENT $1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE OrrICE•RJMEMBER EXCLUDED? E.L. DISEASE -EA EMrLOYEt $ 1000000 F 1000000 It yes, desrrtDe unM+r f I OI,SEASE • POLICY LIMIT SPECIAL PROVISIONS Delow OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES t EXCLUSIONS ADDED sY ENDORSEMENT / SPECIAL PROVISIONS Job: Burns,Holli.ns & Woods Park Playground Improvement*, Contract#8948. Certifi.ca.te holder ±s& shown as Primary additional insured on the Commercial General Liability & the Commercial Auto Liability as per policy conditions. A waiver of subrogation is attached to the Commercial Auto,Commereial General Liability & Workers Compensation in favor of the Certificate Holder LUBBOCS SHOULD ANY OF THE ASOW DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Lubbock NOTICE TO THE OERTIPICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 30 SHALL C/O City of Lubbock Purchasing IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Darlene 1625-13th St., Rm L04 REPRESENTATIVES AUT RIZE REPR T Lubbock TX 79401 ACORD 25 (2001=1 2009-06-16(Tl1E) 12:04 Cam Fannin (FRX)806 747 3040 P. 0021002 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AOQRD 25 (2001/08) 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 512-305-7238 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 (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. 3 Paize Intentionally Left Blank IJ Vi L CONTRACT No Text CONTRACT No. 8948 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 28th day of May 2009, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and MINNIX COMMERCIAL PARTNERS LTD of the City of Lubbock, County of Lubbock 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 k 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 Concrete Flatwork [ described as follows: BID# 09-718-DD - Burns, Hollins & Woods Park Playground Improvements - $583,000 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 Conditions of Agreement. Minnix Commercial Partners Ltd bid dated April 30, 2009 is incorporated into and made a part of this 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 with 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. I_, 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. I. CONTRACTOR: ICOMPLETE ADDRESS: Company hyin;x ComrA-efcta( ck4-e(�{ Address �0 1io)( tnt- %9 5 City, State, Zip 1)k 72q 19t4 ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER): By: MAYOR ATTEST: CQ , City Se etary APPROVED AS TO CONTENT: Director Page Intentionally Left Blank L R GENERAL CONDITIONS OF THE AGREEMENT No Text GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit MINNIX COMMERCIAL PARTNERS LTD. who has agreed to perform the work embraced in this contract, 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, or its representative CRAIG WUENSCHE PARK DEVELOPMENT MANAGER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors 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. 4. 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 (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". '--' 5. 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. 6. 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. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. 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 the party who gives the notice. 0 10. 11. 12 13. CONTRACTOR'S RESPONSIBILITIES 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. 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. 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. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. LINES AND GRADES All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are 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 its 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 case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 2 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 has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. 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 the contract documents, and 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 decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION 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 provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall 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 its absence and all directions given �- to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work Y 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 borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's 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 itself 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 affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to 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 work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, 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 Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, 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 consent or 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 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 such work is in preparation or progress. Contractor shall ascertain the scope of any observation that 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 such 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 Representative has previously accepted the work through oversight or otherwise. If any such 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 such 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 borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such 4 tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. 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 the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly 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 Owner's Representative as unsuitable or not in conformity with plans, specifications and/or 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 the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. F 1 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 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 such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally 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 compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) Method (B) Method (C) By agreed unit prices; or By agreed lump sum; or If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), 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 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 (l 5%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its 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 Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, 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) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents 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. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar 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 its 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 AND GENERAL INDEMNITY 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 Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its 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 its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its 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 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) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its 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. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, 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 CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. I', A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury XCU Coverage B. Owner's and Contractor's Protective Liability Insurance - NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $200,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED E. Umbrella Liability Insurance - NOT REQUIRED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) 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 (TWCC-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 Section 406.096, Texas Labor Code) - 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. 8 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 Contractor's 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. 8. 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; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; N G. (e) M M7 retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 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 contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), 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. 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; 10 (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) 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; (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 (ii) 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 Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text 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 or 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 800-372-7713 or 512-804- 4000 (www.tdi.state.tx.us) to receive information of the legal requirements 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; (ii) 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 following language: 11 `By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting 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."; (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 (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (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 Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor 12 shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 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. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees 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 the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 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 affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor 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. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its 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 its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL 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 documents, 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 as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner 13 1 may withhold permanently from Contractor's total compensation, the sum of $190 (ONE HUNDRED NINETY) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. 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 its 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 its 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. TIME OF PERFORMANCE The Contractor agrees that it has submitted its 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 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its 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. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. 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 14 which event, such expense as in the sole 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, and only when same are expressly stated to be estimates, 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. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, 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 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. 39. 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 Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. 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 proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor 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. 41. 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, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall 15 �F determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, 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. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. 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 1 Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work - performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. ' 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion 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 contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. 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. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor 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 certification of final completion by Owner's Representative. 16 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE 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) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any -and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, 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. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , 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 another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (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 -the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing 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 17 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 its 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. 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. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification 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, if applicable, 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, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, 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, if applicable, 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, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (1 S) calendar 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, if applicable. 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 that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 18 50. BONDS The Contractor is 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 Contractor is 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 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. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. 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. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense 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 or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its 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 Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested 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. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its 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. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If 19 the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 20 DAVIS BACON WAGE DETERNUNATIONS Paee Intentionally Left Blank Page 1 of 3 EXHIBIT A GENERAL DECISION: TX20080026 02/08/2008 TX28 Date: February 8, 2008 General Decision Number: TX20080028 02/08/2008 Superseded General Decision Number: TX20010028 State: Texas Construction Types: Heavy and Highway Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date 0 02/08/2008 SUTX2004-001 11/09/2004 Rates Fringes Asphalt Distributor Operator ... $ 9.25 0.00 Asphalt Heater operator ........ $ 11.21 0.00 Asphalt paving machine operator$ 11.16 0.00 Asphalt Raker .. ...............$ 9.51 0.00 Broom or Sweep6r Operator ...... $ 8.57 0.00 Bulldozer operator ........... $ 9.76 0.00 Carpenter ......................$ 12.61 0.00 Concrete Finisher, Paving ...... $ 13.26 0.00 Concrete Finisher, Structures..$ 11.20 0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator .......................$ 11.00 0.00 Electrician ................ ...$ 17.00 0.00 Form Builder/Setter, Structures$ 9.26 0.00 Form Setter, Paving & Curb ..... $ 9.82 0.00 Front End Loader Operator ...... $ 10.52 0.00 Laborer, common ...... ... .......$ 8.51 0.00 Laborer, Utility ...............$ 10.46 0.00 Mechanic....- ......... ........$ 16.85 0.00 Motor Grader Operator Rough .... $ 11.75 0.00 Motor Grader Operator, Fine Grade.. .................. $ 13.50 0.00 Planer Operator ................$ 13.36 0.00 Roller Operator, Pneumatic, Self -Propelled .................$ 7.67 0.00 Roller Operator, Steel Wheel, Flat Wheel/Tamping............. $ 8.06 0e 00 Roller Operator, Steel Wheel, Plant Mix Pavement .............$ 7.50 0.00 Scraper Operator ...............$ 8.50 0.00 Ser•nicer.................... ...$ 8.96 0.00 ^clip Form Machine Operator ..... S 13.64 0.00 Tractor operator, Pneumatic .... $ 1.2.00 0.00 Traveling Mixer Operator ....... $ 12.00 0.00 Truck driver, lowboy--Ficat..... $ 12.67 0.00 http://frwebgate.access.gpo.gov/cgi-binlgetdoe.egi?dbname=-Davis-Bacon&docid=TX2008... 3/31/2009 Page 2 of 3 1 Truck driver, single Axle, Heavy ..........................$ 8.510 0.00 Truck driver, Single Axle, ��<ht..........................s 8.C8 0.00 Truck Driver, Tandem Axle, Semi-Trailer..................."a 8.66 0.00 Welder .........................$ 15.25 0.00 Work acne Barricade Servicer...$ ---------------------------------------------------------------- 8.26 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses t25CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can C F? : * an existing published wage determination a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional offices have responsibility for the Davi:-Bacon survey program. If the resronse from this initial {,intact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Brarch l -onstructior. Wage %eterminatIcns. Write Branch of Construction Wage Determinatiors Wage and Hour Division V.S. .Department of Labor 200 Constitution Avenue, N.W. Washington, CC 20210 T_Y the answer to the auestlon in -.) is yes, then an .. �ts_ Ct_CY party wnt:5e diie-L' ed boy „ri t_ ca. S http:i/frw-ebgate.access.gpo.gov/egi-bin/getdoc.cgi?dbname =Davis-Bacon&docid=TX2008... 3t31 /2009 -' Page 3 of 3 review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, protect description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). write to: Administrative Review Board J.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://frwebgate.access.gpo.gov/cgi-binlgetdoe.cgi?dbname=Davis-.Bacon&docid=TX2008... 3/3 t/2009 Paae Intentionally Left Blank EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 1 Paae Intentionally Left Blank HI _I I' SPECIAL PROVISIONS Page Intentionally Left Blank t-� m SPECIAL PROVISIONS "Section 3" Compliance in the Provision of Training, Enwlovment and Business Opportunities: (Applicable to Federally assisted construction contracts and related subcontracts exceeding $10,000) During the performance of this Contract, the Contractor agrees as follows: 1. The Contractor agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (1 USC 170(u)), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder. 2. The "Section 3" set forth in 24 CFR 135.20(b) shall form part of this Contract. 3. Contractors shall incorporate the "Section 3 clause" shown below and the foregoing requirements in all subcontracts. Section 3 Clause as set forth in 24 CFR 135.20(b) A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development Act of 1968, as amended,12 U.S.C.1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development and set forth in 24 CFR 135.20 (b), and all applicable rules and orders of the Department issued thereunder, prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements. C. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to a subcontract upon a finding that a Subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20 (b). The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of regulations under 24 CFR 135.20 (b), and will not let any subcontract unless the subcontractor has first provided said Contractor with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20 (b), and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135.20 (b). SPECIFICATIONS i Paae Intentionally Left Blank _; H i SPECIFICATION'S BURNS, HOLLINS, WOODS PARK IMPROVEMENTS 2009 Er 4 zoes OF Paae Intentionally Left Blank SECTION 01100 SUMMARY OF WORK PART 1-GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and Special Conditions, apply to this Section. B. The Work includes all labor, materials, services and equipment required in conjunction with, or properly incidental to work described in the plans and specifications for "Burns, Hollins, Woods Park Improvements 2009" 1.02 SUMMARY OF WORK A. The Work includes but is not limited to items described below. 1t is understood that Work in addition to these items may also be necessary to accomplish the complete Contract. i. Demolition including: removal of playground equipment, footings, railroad ties, sand, gravel, concrete slabs, sidewalks, curb and gutter, retaining walls, water fountains, asphalt and irrigation. 2. Earthwork and grading. 3. Concrete slabs and sidewalks. 4. Playground equipment. 5. Wood fiber playground surfacing. 6. Rubber playground surfacing. 7. Caliche base for rubber playground surfacing. 7. furnish and install picnic tables, grills, benches and water fountains. 8. Repair and renovate irrigation systems. 9. Accessible ramps and parking spaces. 10. Curb and gutter. 11. Asphalt repair. 12. Parking lot striping. 13. Sod installation and soil tillage. 14. Surveying, staking and layout. 15, Mowing and site maintenance. 16. Fencing, safety barricades and site security. B. The Contractor shall be responsible for the Texas Prevention Legislation. The Texas damage prevention law (utilities Code Title 5, Chapter 251) took effect October 1, 1998. This law requires excavators to call 48 hours before they dig. Texas Excavation Safety System Inc. (TESS) is a non-profit corporation farmed by member companies to SUMMARY OF WORK 01100 - 1 mm prevent damage to underground facilities. The service is 100% free to excavators by calling 4-800-DIG-TESS (344-8377). C. Park utilities include irrigation systems and lighting. All others are public utilities. It is not implied that all public utilities are shown on the plans. It is the Contractor's responsibility to locate all utilities and to provide for their safety-. All damage to utilities will be repaired by the Contractor' at his expense. 1.03 WARRANTY A. Contractor shall warrant 100 percent of the project for one year after the date of final acceptance (see individual sections for additional warranties). B. On the eleventh month from the date of final acceptance. Owner's Representative will schedule an annual inspection with the Contractor to inspect for defects. Work that is considered defective by the Owner's Representative will be repaired by the Contractor. C. Contractor shall remedy any defects in workmanship, and pay for all damages of any nature resulting from repairs at no cost to the Owner. END OF SECTION SUMMARY OF WORK 01100-2 LM SECTION 01300 SUBMITTALS PART 1-GENERAL 1.01 PROCEDURES A. Deliver submittals to Architect at the following address: City of Lubbock, Park Development, 1010-91h Street, Lubbock, Tx 79457. B. Transmit each item under Architect accepted form. Identify Project, Contractor, Subcontractor and maior supplier. Identify pertinent drawing sheet and detail number (if applicable). Identify deviations from Contract Documents. Provide space for Contractor and Architect review stamps. C. After Architect review of submittal, revise and resubmit as required, identifying changes made since previous submittal. D. Distribute copies of reviewed submittals to concerned persons. Instruct recipients to promptly report any inability to comply with provisions. 1.02 SCHEDULE OF VALUES A. Submit typed schedule on AIA Form G 703. Contractor's standard form or media driven printout will be considered on request. B. Format: Table of contents of this Project Manual. Identify each line item with number and title of maior Specification sections. 1.03 SHOP DRAWINGS A. Prepared by a qualified detailer. B. Submitted as required by the individual Sections and to clariiy information shown or called for in the Contract Documents. 1.04 PRODUCT DATA A. Mark each copy to identify applicable Products, models, options, and other data. Supplement manufacturer's standard data to provide information unique to the work. Include manufacturer's instructions when required by the Specification section. B. Submit the number of copies that the Contractor requires plus two copies that will be retained by the Architect. 1.05 MANUFACTURER'S CERTIFICATES A. Submit certificates, in duplicate, in accordance with requirements ofeach Specification section. B. Manufacturer's standard schematic drawings and diagrams: 1. Modify drawings to delete information that is not applicable to the work. SUBMITTALS 01300 - 1 ME 2. Supplement standard information to provide' additional information specifically applicable to the work. C. Manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data: t. Clearly mark each copy to identify pertinent materials, products, or models. 2. Show dimensions and clearances required. 3. Show performance characteristics and capabilities. 4. Show writing or piping diagrams and controls 1.06 SAMPLES A. Submit samples as required by the individual Specification Sections. End of Section SUBMITTALS 01300 - 2 SECTION 01500 TEMPORARY FACILITIES ANI? CONTROLS PART I - GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary items required for construction. Remove on completion of Work. 1.02 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with federal, state and local codes and regulations, and with utility company requirements. 1.03 STORAGE UNITS A. The Contractor may provide on the premises, suitable watertight storage units for storage of materials. Storage will be maintained in good condition. Coordinate location w/Owner. L04 FENCING A. The Contractor may provide temporary fencing for the protection of his equipment and supplies. Fencing will be maintained in good condition. Coordinate location w/Owner. A. The Contractor wilt provide temporary fencing around all playgrounds to receive rubber surfacing. Fencing will remain in place until acceptance of project by the Owner. Fencing will be 6' chain link. Lock will be provided by the Owner. 1.05 SANITARY FACILITIES A. The Contractor may provide toilet facilities for the use ofall persons employed on the job. He shall post notices, take such precautions as may be necessary, remove any refuse deposited in or about the building, and maintain the premises in a sanitary condition. 1.06 STORAGE AND STOCKPILE OF EXCAVATED DIRT A. All dirt excavated during the construction process shall be removed to an approved location. Temporary stockpile locations, if required, will be approved by the Owner's Representative. 1.07 DE -WATERING A. Surface or subsurface water or other fluid shall not be permitted to accumulate in excavations. Should such conditions develop, water and other fluids shall be controlled and disposed of by means of temporary pumps, piping, drain lines, ditches, dams, or other approved methods. 1.08 BARRICADES A. barricades and Protective Measures. The Contractor shall be responsible for the protection of unfinished work. The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals. He shall also take such other precautionary measures for the protection of persons, property, and the work as may be necessary. TEMPORARY FACILITIES AND CONTROLS 01500 - 1 um B. The Contractor shall be responsible for all damage to the work due to failure of barricades, signs, and Iights to protect it. When damage is incurred, the damaged portion shall be immediately removed and replaced by the Contractor at his own cost and expense. 1.09 TRAFFIC CONTROL A. The Contractor shall be responsible for all traffic control and safety during construction. The Contractor shall meet all City requirements for public safety, barriers, and traffic control. The Contractor shall coordinate traffic control with the City of Lubbock (Parks and Traffic Departments). 1.10 REMOVAL OF TI MPORARY FACILITIES A. When any temporary facility, is no longer needed for the proper conduct of the work, the Contractor shall completely remove it from the project and shall repair or replace any material, equipment, or finished surface damaged by doing so. 1.11 PARKING FACILITIES A. Restrict parking of construction personnel vehicles to areas designated. on Drawings or as directed by Owner. END OF SECTION TEMPORARY FACILITIES AND CONTROLS 01500 - 2 ME SECTION 01630 SUBSTITUTIONS AND PRODUCT OPTIONS PART I — GENERAL 1.01 RELATED DOCUMENTS A. Drawings and General Provisions of the Contract, including General Conditions, apply to this Section. 1.02 GENERAL A In the event that the clause "or equal" is used in the specifications pertaining to materials; al proposed substitutions must be submitted to the Owners Representative no later than 7 calendar days before the closing date for approval. Substitution submittals must include all manufacturer's literature, certifications and operating instructions as well as shop drawings proving service and performance equal to or better than that depicted on the plans. Bidder shall provide the same warranty for substitution as for product specified. B. Installation of any approved substitution is the Contractor's responsibility. Any changes required for installation of the substitution must be made to the satisfaction of the Owners Representative at the Contractor's expense only. Approval of substitutions does not constitute approval of installation. C. The Owner reserves the right to deny any request for substitution when the required information is not submitted.. The Owner reserves the right to deny any substitution that does not provide equal performance or quality, PART II -PRODUCTS 2.01 PLAYGROUND EQUIPMENT A. Playground equipment substitutions must be similar to the specified equipment in overall design, form, play function, components, layout, height, size and materials. B Playground equipment and associated fall zones must fit within the concrete sideNvalk boundary as shown on the plans, or construction drawings must be submitted with the proposed substitution. Such drawings shall be sealed by a licensed design professional (7;r;: and shall be sufficient in scope to remedy all changes to the plans required by the substitutions). Drawing shall include: 1. Perspective drawings clearly illustrating the appearance, design and layout of the equipment. 2. Site plan illustrating the location of the proposed equipment relative to the concrete boundaries. Site plan must show post locations, fall zones, color patterns, boundaries for resilient surfacing, height ofequipment and equipment labels. Include color patterns for the rubber surfacing and square footages for the various colors. If colors are mixtures, indicate the percentages of the component colors. 3. Construction drawings including installation details for concrete footings; and cross sections through concrete and resilient surface (if proposed resilient surfacing is other than that specified, or if fall zones for substituted equipment are higher than the equipment specified). SUBSTITUTIONS AND PRODUCT OPTIONS 0[b30- 1 ME 4. Irrigation revisions. C. Equipment shall be certified by IPEMA (International Playground Equipment Manufacturer's Association) for conformance to ASTM F1487, Standard Consumer Safety Performance Specification for Playground Equipment for Public Use. D. Posts supporting playground equipment shall not pass through seams (color changes in rubber surface); nor shall post location result in sections of rubber surfacing smaller than four inches in any direction (between posts and color changes and/or beween color changes); nor shall seams fall in heavy use areas such as at the bottoms of slides. E. Slides must be oriented to the north or the northeast. F. Tubes or other enclosures obscuring vision shall not be submitted. G. Equipment shall not be composed of large solid panels or surfaces which can be used as a palette for painting or other vandalism. 1-I. Warranty shall be equal to that of specified equipment. End of Section SUBSTITUTIONS AND PRODUCT OPTIONS 01630 - 2 EM SECTION 02300 EARTHWORK PARTI-GENERAL 1.01 RELATED DOCUMENTS A. Drawings and General provisions of the Contract, including General Conditions apply to this Section. 1.02 SUMMARY A. Work in this section includes furnishing all labor, materials, equipment and services required to construct, shape, and finish earthwork to the required lines grades, and cross sections as specified herein and on the plans. B. No separate payment will be made for earthwork that is incidental to another item of construction. PART II - MATERIALS 2.01 FILL MATERIAL A. Fill material: Soil other than topsoil and caliche used to raise the sub -grade to the required elevations. B. Fill material shall be free from trash, lumber, rock, clods, roots, matted vegetation or other debris over two inches in diameter C. It is anticipated -that fill will be minimal on this project. Suitable soils for till should be available from site excavations. 2.02 TOPSOIL A. Sandy loam with minimum four percent organics, free from stones larger than one inch in any dimension and free from weed seeds and other extraneous materials harmful to plant growth. B. Install min 3" topsoil overexposed subgrade or fill where sod will be placed. 2.03 CALICHE A. Cal iche shall conform to the following test requirements: Sieve Analysis Sieve Size 2-1/2" 1-3/4" 7M" 3/8" #4 #40 %Retained 0 0-10 I 0-35 30-50 45-65 70-85 EARTH WORK 02300 - 1 um Atterberg Limits Material passing the No. 40 Sieve shall be known as "Soil Binder" and shall meet the following requirements: Liquid Limit Plasticity Index Linear Shrinkage 2.04 TESTTNG 45 maximum 15 maximum and 3 minimum 10 maximum A. Fill Material: Contractor will obtain and pay for compaction tests -oil each lift. Location of tests will be determined by the Owner's Representative. Contractor wil I submit copy of test results to Owner's Representative within 24 hours. B. Install min 3" topsoil over exposed subgrade or fill where sod will be placed. PART III - EXECUTION 3.01 GENERAL A. Remove soil and vegetation beneath all improvements to a minimum depth of two inches. Remove to an approved location. B. Scarify sub -grade to a depth of three inches in areas where fill material will be placed. C. Fill material beneath concrete or rubber shall be installed in lifts not to exceed eight inches, loose fill. D. Subgrade and/or fill material shall be compacted to 95% minimum of Standard Proctor Density at +/-2% optimum moisture. Continue compaction two feet beyond the edges of concrete or rubber. E. Finish grade shall be 1/2" below the top of concrete and shall slope gently away from the concrete at max 8:1, or as shown on the plans. F. "lop of sod will be considered finish grade. 3.02 CALICHE BASE A. Caliche base course shall be uniformly spread, wetted and rolled as required to produce a uniform compaction ol'95% minimum of Standard Proctor Density with a moisture content of 1% above to 2% below optimum. B. Contractor will arrange and pay for a minimum of two density tests per playground. Locations of tests will be determined by the Owner's Representative. C. Contractor will provide test results confirming sieve analysis and Atterberg Limits described in PART II.One test shall be obtained for each playground from material delivered to site. END OF SECTION EARTHWORK 02300 - 2 MW SECTION 02810 IRRIGATION SYSTEMS PARTS -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract including General Conditions apply to this Section. 1.2 SUMMARY A. This Section includes piping, valves and sprinklers for automatic -control irrigation system. 1.3 DEFINITIONS A. Zone piping /laterals: Downstream from control valves to sprinklers. Under pressure when zone valves are open. B. Irrigation Main: Downstream from point of connection to water distribution piping to and including control valves and quick coupler valves. Piping is under water system distribution pressure. 1.4 PERFORMANCE REQUIREMENTS A. Irrigation drawings are schematic. Make minor adjustments as necessary to accomplish the work. B. Discrepancies: It is the intent that all work must be completed and all material must be furnished with the generally accepted practice of the area. In the event of any discrepancies between the plans and the specifications or doubts as to the meaning and intent of any portion of the contract, the Owners Representative shall define what is to apply to the work. 1.5 SUBMITTALS A. Contractor shall submit shop drawings to the Owners Representative before purchasing and installation of materials and equipment. Shop drawings shall include complete layout and detailed drawings illustrating the location and types of all sprinklers, boxes, valves, zone piping and wiring. B. All substitutions shall conform to the following provisions: a. All proposed substitutions must be submitted no later than 7 calendar days before the closing date for approval. Substitution submittals must include all manufacturer's literature, certifications and operating instructions as wel I as shop drawings proving service and performance equal to or better than that depicted on the plans. The owner reserves all right to deny any substitution that does not provide equal performance or quality. b. Installation of any approved substitution is the responsibility of the Contractor. Any changes required for installation of the substitution must be made to the satisfaction of the Owners Representative at the Contractor's expense only. Approval of substitutions does not constitute approval of installation. IRRIGATION SYSTEMS 02310 - 1 1.6 1.7 1.8 C. Contractor shall furnish Record Drawings ofthe complete irrigation systern. The drawings shall be legible and to scale. The record drawings shall be turned over to the Owners Representative at or before the Final Acceptance of the project. QUALITY ASSURANCE A. It is the intent of this contract that all work must be completed and all material must be furnished in accordance with the generally accepted practice of the area. In the event of any discrepancies between the plans and specifications, or doubts as to the meaning and intent of any portion to the contract, the Contractor shall seek clarification from the Owner's Representative. B. All work and materials shall be in full accordance with current rules and regulations ofsafety orders oi'Division of Industrial Safety, the Uniform Plumbing Code, TCEQ and other applicable laws or regulations. B. Preliminary review of system installation will be made by Owners Representative prior to back -filling of trenches and during testing. C. Installer Qualifications: Engage an experienced Installer who has completed irrigation systems similar in material, design, and extent to that indicated for Project that have resulted in construction with a five year record of successful local in-service performance. Name and license number of the licensed irrigator who is responsible for the project shall be submitted with the bid.. The irrigation installer shall be licensed in the State of Texas or from the state where the Contractor is based. Out -of -State licensing if the licensing state shares reciprocity with Texas. A Licensed Irrigator shall be on the jobsite daily for direct supervision of employees on design, installation, maintenance or repair of the irrigation system including the connection of such system to the water supply. The Owner reserves the right to reiect any bid if the bidder is not qualified based on the above given criteria. DELIVERY, STORAGE, AND HANDLING A. The Contractor shall be responsible for all materials furnished by him and shall replace at his own expense any and all material found to be defective in manufacture or if it has become damaged in handling or storage. PROJECT CONDITIONS A. Do not interrupt water service to facilities occupied by Owner or others unless permitted. Notify Owners Representative no fewer than 4 days in advance of proposed interruption of water service. B. Contractor shall acquaint himself with all site conditions. Should utilities or other work not shown on the plans be found during excavations, Contractor shall promptly notify Owners Representative for instructions as to further action. Failure to do so will make Contractor liable for any and all damage thereto arising from his operations subsequent to discovery of such utilities not shown on plans. C. Contractor shall take necessary precautions to protect site conditions. Should damage be incurred, this Contractor shall repair damage to it's original condition or furnish and install equal replacement at his expense. IRRIGATION SYSTEMS 02810 - 2 D. The Contractor shal I be responsible for the Texas Prevention Legislation. The Texas damage prevention law (Utilities Code Title 5, Chapter 251) took effect October 1, 1998. This law requires excavators to call 48 hours before they dig. Texas Excavation Safety System Inc. (TESS) is a non profit corporation formed by member companies to prevent damage to underground facilities. The service is 100% free to excavators by calling 1-800-DIG-TESS (344-8377). E. The Contractor is responsible for the protection and preservation of all plant material, monuments, structures, gas utilities, irrigation, electrical lines, or water lines during installation. Any damage shall be repaired or replaced by the Contractor. at his own expense, to the satisfaction of the Owner. F. All trenching or any excavation shall be a greater distance from the trunk of any plant material than ten (10x) times the diameter of the trunk at 12 inches from ux the ground. If questions arise, the Contractor shall contact the Owners Representative for clarification. G. The Contractor shall not park or drive any vehicles or equipment beneath the drip line of on -site trees and shrubs. The Contractor shal I not park or drive upon unsurfaced park property unless it is directly necessary to deliver materials to the job site. Contractor's employees shall not park or drive personal vehicles on unpaved park property. 1.9 FINAL ACCEPTANCE A. Work under this Section will be accepted by Owners Representative upon satisfactory completion of all work. Upon Final Acceptance, Owner will assume responsibility for maintenance of the work. Assumption by Owner does not relieve Contractor of obligations under Warranty. 1.10 WARRANTY A. Provide a guarantee for all labor and material for a period of one year from the date of substantial completion. B. Provide a manufacturer's guarantee for all sprinkler system components, i.e., valves, and heads, for a period of five years, from the date of substantial completion. C. Service calls during the one-year warranty period shall require a qualified technician on site within 24 hours. D. Contractor shall not be held responsible for failures due to vandalism or other problems not caused by defective materials or workmanship. PART 2 - PRODUCTS 2.1 PIPES, TUBES, AND FITTINGS A. PVC Pipe: All zone piping shall be class 200, SDR 21 un-plasticized polyvinyl chloride, Type 1, Grade 1. B. Potable water line to fountain shall be 1" Sch 40 PVC. C. Fittings IRRIGATION SYSTEMS 02810 - 3 1. All pipe must have manufacturer's markings clearly printed on them during installation. 2. All class 200 pipes must conform to ASTM D-2241. 3. All zone piping shall be solvent weld. 4. All solvent welds shall be primed with purple printer. 4. All fittings shall be pressure rated for 200-psi maximum working pressure. 5. Gaskets shall be designed for pressure and vacuum with maximum deflection (ASTM F-477). 6. PVC Fittings a. Schedule 40 .fittings must conform to ASTM D-2466. b. Schedule 80 fittings must conform to ASTM D-2464. C. Swing Joints: Pre -fabricated swing joints: KBI, Model TSA-1000- TT. 2.2 VALVES A.' Quick -coupler Valves: Rain Bird # 44-RC, I", single lug, 2-piece body, heavy cast bronze with rubber cover lid 'or approved equal'. 2.3 VALVE BOXES A. Specified Box #1: NUS Pro Series Plus, 10" round corrugated valve boxes, or approved equal. Extensions shall be used as necessary to bring valve box to grade and shall be compatible with box to achieve depth required (no bricks shall be used). Lid with cover lift holes,1/4 turn lock closure. B. Specified Box #2: NDS Pro Series, commercial grade, 14" x 19", corrugated irrigation valve boxes, or approved equal. Extensions shall be used as necessary to bring valve box to grade and shall be compatible with box to achieve depth required (no bricks shall be used). Lid with cover lift holes, snap lock tab closure. 2.4 SPRINKLERS A. Hunter I-25 series. B. MP Rotator, manufactured by Hunter Industries, 222 Gregson Drive, Cary, NC 27511: 1-919-467-7100. 2.5 CONTROL, WIRING A. All 24 volt wiring shall be annealed copper, color keyed, UF, UL approved for direct burial. B. All wire to be 18 gauge single stranded, 13 conductor, one wire for each electric valve and a common wire; or in the case of runs over 200 feet: I . 14 gauge zone wire (red color) 2. 12 gauge common wire (white color) 3. All control wires to be installed at minimum depth of 18 inches and IRRIGATION SYSTEMS 02810 - 4 directly alongside any pipe it the same ditch is used. C. Mise Equipment 1. Moisture proof connectors for underground connections: 3M model DBY. 2. 120 volt wire connectors, "Spears", model DS400. 3. Solvent Cementing. a. Primer - "Weld -On", P-68, Purple Colored Only (All pipe fittings). b. Cement - "Weld -On", #705. C. manufacturer's Recommendations shall be followed at all times. PART III - EXECUTION 3.1 EXISTING SYSTEM AUDIT A. Contractor shall record the operating status of the system prior to beginning work. The record shall indicate which zones are operating and which zones are not operating. Circuits with obviously malfunctioning sprinklers or broken lines will be noted. General locations of operating zones shall be drawn on map of the park. Base map will be provided by the owner. Completed map and audit shall be verified by the Owner prior to beginning work. B. All circuits in working order before beginning work shall be in working order after construction is complete. 3.2 GENERAL A. Contractor will adjust sprinklers to minimize water spraying onto hard surfaces. B. Where connections to existing piping is required, make necessary adjustments should piping be located differently. Adjust layout as necessary to instal I around existing work or re -connect irrigation piping. C. No substitutions of smaller pipe sizes wil I be permitted but substitutions of larger sizes may be approved. All pipe damaged or rejected because of defects shall be removed from the site at the time of said refection. D. The Contractor will stake out the location of each run of pipe and all sprinkler heads of sprinkler valve locations prior to trenching. Before installation is started in a given area, the Owners Representative shall check all locations and give his approval. 3.3 EXCAVATING AND TRENCHING A. Perform all excavations as required for installation of work included under this Section, including shoring of earth banks, if necessary. Restore all surfaces, existing underground installations, etc., damaged or out as a result of the excavations, to their original condition. IRRIGATION SYSTEMS 02810 - 5 B. Should utilities not shown on the plans be found during excavations, Contractor should promptly notify Owners Representative for instructions as to further action. Failure to do so will make Contractor liable for any and all damage thereto arising from his operations subsequent to discovery of such utilities. indicate such utility crossings on the Record Drawings promptly. C. Dig trenches wide enough to allow a minimum of 4 inches between parallel pipelines. Trenches shall be of sufficient depth to provide minimum cover from finish grade as follows: 1. Minimum trench width:6 inches. 2. Minimum cover over installed supply (pressure main) piping: 18 inches. 3. Minimum cover over installed circuit (zone) piping: 14 inches. 4. Minimum cover over installed 24 volt wiring alone in trench: 18 inches. D. 'french to accommodate grade changes. E. Maintain trenches free of debris material or obstructions that may damage pipe. F. Where rocks or other undesirable materials are encountered trenches are to be over excavated by 3 inches to allow for a 3 inch layer of finely -graded sand under al I piping. After the piping is installed, finely -graded sand shall be placed around the piping up to a point 3 inches above the piping. ` G. All trenches are to be inspected and approved by the Owners Representative before covering. H. The Contractor shall locate all existing underground lines whether or not they are shown on the drawings, sufficiently in advance of the trenching to make whatever provision necessary to prevent damage thereto. Contractor shall be fully responsible for damage to any such lines. 1. There will be no classification of, or extra payment for excavated materials and all materials encountered shall be excavated as required. Adjacent structures shall be protected from damage by equipment. All excavated material shall be piled in a manner that will not endanger the work or existing structures and which will cause the least obstruction to roadways. There will be no additional payment for rock excavation. J. The Contractor shall dispose of excess trench excavation as directed by the Owners Representative, and at the Contractor's expense. 3.4 PIPE LINE ASSEMBLY A. General: l . Install pipes and fittings in accordance with manufacturer`s latest printed instructions. 2. Clean all pipes and fittings of dirt, scales and moisture before assembly. 3. All pipe, fittings and valves, etc., shall be carefully placed in the trenches. Interior of pipes shall be kept free from dirt and debris and when pipe laying is not in progress, open ends of pipe shall be closed by approved means, IRRIGATION SYSTEMS 02810 - 6 1.9 C D. 4. All lateral connections to the mainline as well as all other connections shah be made to the side of the mainline pipe. No connections to the top of the line shall be allowed. 5. Pipe pulling is not acceptable. 6. Install pipe valves, controls, and outlets in accordance with manufacturer's instructions. 7. Set valve boxes at one inch above finish grade and grade away at 12:1. 8. Swing joints a. Swing joints shall be used on all sprinklers and quick couplers; same size as inlet opening on sprinklers and quick couplers. b. Pre -manufactured swing joints shall be used as manufactured by KBE, Model-TSA-1000-TT. Solvent -Welded Joints for PVC Pipes: I. Use solvents and methods recommended by pipe manufacturer. 2. Cure joint a minimum of one hour before applying any external stress on the piping and at least 24 hours before placing the joint under water pressure. "Threaded Joints for Plastic Pipes: I . Use Teflon tape on the threaded PVC fittings except where Marlex fittings are used. 2. Use strap -type friction wrench only. Do not use metal jawed wrench. 3. When connection is plastic to metal, male adaptors shall be. used. The mate adaptor shall be hand tightened, plus one turn with a strap wrench. Joint compound shall be Teflon tape or equal upon approval. Laying of PVC Pipe 1. Pipes shall be bedded in at least inches of finely divided material with no rocks or clods over one inch diameter to provide uniform bearing. 2. Pipe shal I be snaked from side to side of trench bottom to allow for expansion and contraction. One additional foot per 100 feet of pipe is the minimum allowance for snaking. 3. Do not lay PVC pipe when there is water in the trench, or when trench or weather conditions are unsuitable for work. 4. Plastic pipe shall be installed in a manner so as to provide for expansion and contraction as recommended by the manufacturer. 5. Plastic pipe shall be cut with PVC pipe cutters or hacksaw, or in a manner so as to ensure a square cut. Burrs at cut ends shall be removed prior to installation so that a smooth unobstructed flow will be obtained. 6. All plastic -to -plastic joints shall be solvent -weld joints or slip seal joints. Only the solvent recommended by the pipe manufacturer shall be used. All plastic pipe and fittings shall be installed as outlined and IRRIGATION SYSTEMS 02810-7 instructed by the pipe manufacturer and it shall be the Contractor's responsibility to make arrangements with the pipe manufacturer for any field assistance that may be necessary. The Contractor shall assume full responsibility for the correct installation. 7. All foreign matter is to be removed from inside of pipe before joining. Keep clean during laying operations by means of plugs or other approved methods. 8. All lumber, rubbish, and large rocks shall be removed from the trenches. Pipe shall have firm, uniform bearing for -the entire length of each pipeline to prevent uneven settlement. 9. When work is in progress, securely close the open ends of pipe fittings so that no trench water, soil, or other substance will enter pipes or fittings. 10. Take up and re -lay any pipe that has the grade or joint disturbed after laying. 11. Fittings at bends in the pipeline and at ends of lines shall be firmly wedged against the vertical face of the trench, but not against rock. 12. flake joints in all threaded Fittings by applying Teflon tape on male threads. The use of Teflon dope is prohibited. 13. Where threaded PVC connectors are required, use threaded PVC adapters. 14. There shall be no less than 9 inches of pipe between any two fittings, except for close nipples used in swing joints. I.S. No cross tees or street ells are to be used at any time. 16. After pipe has been solvent weld, do not apply water pressure for a time less than that the manufacturer's recommendation, considering current weather conditions. 17. All pipe shall be installed so that the manufacturer's markings are facing in the up position. 18. Excess PVC solvent shall be removed from joints before drying to prevent pipe weakening. Pipe connections made with excess solvent will not be accepted. 19. Solvent welding will not be permitted if weather conditions prevent joints from remaining free of dirt or moisture, while the joint is being made. Also, if the temperature is below that specified by the proper solvent manufacturer's recommendations. 20. The Contractor shall give the Owners Representative 24 hours notice before the pipe trenches are covered so that the Owner's representative may be present for inspection. After the pipe system has been inspected and approved, trenches may be closed. 21. All pipe shall have a one foot minimum vertical separation from all utility lines in close proximity. IRRIGATION SYSTEMS 02810 - 8 3.5 SPRINKLER HEADS A. All sprinkler heads to be installed at spacing indicated on plans. B. Place full and part -circle rotary pop-up sprinkler heads 12 inches from edge of and flush with top of adjacent walks, header boards, curbs, and mowing bands, or paved areas at time of installation. Rotary sprinklers to be installed on a swing joint assembly as detailed. C. All sprinkler heads to be set to proper arc by the Contractor. 3.6 QUICK COUPLING VALVES A. Quick coupling valves shall be installed on a swing joint assembly with top of valve at mid point of the valve box. 3.7 CONTROL. WIRING A. Install control wires with sprinkler mains and laterals in common trenches wherever possible. Lay to the side of pipeline. Provide looped slack at valves and snake wires in trench to allow for contraction of wires. Control wires will be tied together with plastic zip ties at intervals of 15 feet. B. Wire splices will only be allowed to occur within an acceptable control box. Inline direct burial splices will not be allowed. Wire splices shall be DBY model as manufactured by 3M Company or approved equal. Locations of splices shall be notes on the record drawing. C. Al I wire passing under existing paving, sidewalk, etc., shall be enclosed in plastic conduit extending at least twelve (12") inches beyond edges of paving or construction. 3.8 CLOSING OF PIPE AND FLUSHING OF LINES A. Cap or plug all openings as soon as lines have been installed to prevent entrance of materials that would obstruct the pipe. Leave in place until t - removal is necessary for completion of installation. B. Thoroughly flush out all water lines before installing heads, valves and other hydrants. C. "Test as specified. D. Upon completion of testing, complete assembly and adjust sprinkler heads for proper distribution. E. All sprinkler heads and valve boxes shall be set perpendicular to Finished grades. Sprinkler heads which are to be installed in lawn areas where the turf has not yet been established shall be set one (l ") inch above the proposed finish grade. Heads installed in this manner will be lowered to grade when the turf is sufficiently established to allow walking on it without appreciable destruction. Such lowering of heads shall be done by this Contractor as part of the original contract with no additional cost to the Owner. 3.9 "TESTING A. Test piping after laterals and risers are installed and system is fully operational. Leave trenches open to detect possible leaks. IRRIGATION SYSTEMS 02810 - 9 B. Notify Owners Representative at least twenty four hours prior to test. 3.10 INSPECTION/ACCEPTANCE A. Preliminary Inspection I . When the system is functional, the Contractor shal l request a walk through with the Owners Representative to discuss any problems that may exist. B. Final Inspection I . After preliminary inspection has taken place and all corrections and repairs have been completed the Contractor and Owners Representative will walk through the system again to check operation. This procedure will be repeated until the system operates to the Owner's satisfaction. 3.11 BACKFILL AND COMPACTING A. After system is operating and required tests and inspections have been made, backiill excavations and trenches with clean soil. B. Compact trenches in areas to be planted by thoroughly flooding the backfiI1. Jetting process may be used in those areas. C. Dress off all areas to finish grades. All trenches and adjoining areas shall be hand -raked to leave the grade in as good or better condition than before construction started. D. All settling and low areas that occur within the first 12 months shall be the responsibility of the Contractor to fill and level. 3.12 DEMONSTRATION A. Demonstrate to Owners Representative that system is operational and that automatic controls function properly 13. Provide 24 hours notice in advance of demonstration. 3.13 CLEAN UP A. Clean up and remove all debris from the entire work area prior to Final Acceptance to satisfaction of Owners Representative. END OF SECTION IRRIGATION SYSTEMS 02810 - 10 SECTION 02870 SITE FURNISHINGS PART I - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions apply to this Section. 1.02 SUMMARY A. This section includes pedestal grilles, picnic tables, park benches, drinking fountains and playground equipment. PART II - PRODUCTS 2.01 PEDESTAL GRILLS A. Manufacturer and Model: "Kay Park" Model #SB 1635 UT; or approved equal. 1. Fire Box 3.116" thick steel; 20' W x 1 S" D x 10" H; continuous weld construction w/ formed ash lip; 300 square inch cooking area; 1/2" bars welded on P centers; adjustable to 4 heights; grill handles with heavy duty coil springs; 360 degree rotation on 3-112" in ground pedestal. 2. Finish: Non toxic, heat and rust resistant black enamel. 2.02 PICNIC TABLES AND BENCHES A. Manufacturer and Model: "Kencoat"; Model I 5EI-106DP-SM; or approved equal. I . Expanded metal table top, 72" x 30", inside a I" x 4" x 1/8" formed angle frame with two 4" square steel posts surface mounted to concrete. Expanded metal seats, 72" x 12", inside a I" x 4" x 1/8" formed angle frame with two 4" square steel posts surface mounted to concrete. 2. Finish: Table and seats are coated with ultraviolet stabilized vinyl dark green coating. Posts have baked -on black polyester powder coat finish. 3. Handicap accessible at each end. 2.03 PARK BENCHES A. Manufacturer and Model: Webcoat Products B6WBWIRES Series or `approved equal I . Welded wire seat and back (1/4" welded wire) with rolled edges supported by galvanized steel posts (2-3/8" diameter) in ground mount.. 2. Finish: Seat is coated with dark green plastisol ultraviolet stabilized vinyl coating. Posts have black polyester powder coat finish. 2.04 DRINKING FOUNTAIN A. Manufacturer and Model: Most Dependable Fountains, Model 440 DB; or 'approved equal'. SITE FURNISHINGS 02870-1 1. ADA Accessible with two (2) nozzles. 2. Fountain shall meets NSF-61 requirements having a UL approved label with a UL tracking number, 3. Welded one piece fountain body I0" diameter Sch 20 pipe with 3/16" wall thickness with 18 gauge electro-polished stainless steel bowl which overlaps pedestal by 9/16", Heavy-duty, stainless steel head mounted with lock nut and washer. 2.05 PLAYGROUND EQUIPMENT A. APPROVED MANUFACTURER I. Main playgrounds: "Landscape Structures, Inc., Evos'; or approved equal. 2. Stand alone components: "Landscape Structures, Inc"; or approved equal. 3. See SECTION 01630, SUBSTITUTIONS AND PRODUCT OPTIONS, PART 11, PRODUCTS, 2.01, PLAYGROUND EQUIPMENT. B. EQUIPMENT CHARACTERISTICS 1. Posts and arches: Minimum 5" O.D. galvanized steel or aluminum with a minimum wall thickness of .120"; UV resistant polyester powder coat. 2. Cables: Six stranded galvanized steel cable enclosed within tightly woven UV resistant nylon cord. Nylon cord shall be fused to the steel cable. 3. Clamps: Aluminum die cast with 360 degrees of compression, UV resistant powder coat; stainless steel vandal resistant bolts and nuts. C. EQUIPMENT INSTALLER QUALIFICATIONS I . Installer shall have three years experience in the installation of equipment of similar design and complexity for use by the public. 2. lnstaller. shall be certified.by the nnanufacturer. PART III -, EXECUTION 3.01 GENERAL, A. Assemble and Install all site furnishings in accordance with manufacturer's written instructions. B. Protect equipment from scratches, concrete spatters and other damage during installation. C. Thoroughly clean all finished surfaces upon completion of installation. END OF SECTION 0 SITE FURNISHINGS 02870 - 2 SECTION 02930 LAWNS AND GRASSES :PART 1- GENERAL 1.01 SCOPE A. This work includes all labor, materials, and equipment for soil preparation, fertilization, planting, and other requirements regarding turfgrass planting areas shown on plans. B. All areas damaged or left bare by construction will be planted with bermuda grass sod. L02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02300 - Earthwork. B. Section 02810 - Irri.gation System. PART 2 - PRODUCTS 2.01 TURFGRASS A. Sod: Turfgrass sod shall be Common Bermudagrass (Cynodon Dactylon). Sod shall consist of stolons, leaf blades, rhizomes, and roots with a healthy, virile system of dense, thickly matted roots throughout the soil of the sod for a thickness not less than 3/4". Sod shall be alive, healthy, vigorous, free of insects, disease, stones, and undesirable foreign materials and grasses. The grass shall have been mowed prior to sod cutting so that the height of the grass shall not exceed 2". Sod shall have been produced on growing beds of clay -foam topsoil. Sod shall not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected., All sod is to be harvested, delivered, and planted within a 36 hour period of time. Sod shall he protected from exposure to wind, sun, and freezing. If sod is stacked, it shall be kept moist and shall be stacked roots -to -roots and grass -to -grass. I . Dimensions: All sod shall have been machine cut to uniform soil thickness of one inch +/- 1/4". All sod shall be of the same thickness. Rectangular sections of sod may vary in length, but shall be of equal width and of a size that permits the sod to be lifted, handled, and rolled without breaking. Broken pads and torn, uneven ends will be unacceptable. 2. Owner or his representative must approve sod at the source prior to shipment, if practical; or at the job site before unloading. 2.02 FERTILIZER A. General: Fertilizer shall be a commercial product, uniform in composition, free flowing, and suitable for application with approved equipment, Fertilizer shall be delivered to the site in fully labeled original containers. Fertilizer which has been exposed to high humidity, and moisture, has become caked or otherwise damaged making it unsuitable for use, will not be acceptable. 1, Initial Planting Application: Fertilizer for the initial planting application shall be a starter fertilizer with a N-P-K ratio of 4-5-1 (19-26-5) or approved equal. The phosphorous component must be delivered from mono -ammonium phosphate to stimulant vigorous development of new roots, stolons, and rhizomes. This initial application must be applied and incorporated into the soil LAW,'NS AND GRASSES 02930 - 1 DM immediately prior to sodding. 2. Post Planting Application: Fertilizer for the post planting application will be a complete fertilizer of chemical base containing by weight the following percentages of nutrients: 27-3-4 -+2% Fe (N-P-K) or approved equal from methylene urea or the nitrogen equivalent of 33-3-10. The application rate should provide one pound of nitrogen per 1,000 square feet 3. Specification Submittal: Submit, for Owner's approval, sample labels or specifications of the fertilizers to be used. PART III — EXE( CUTION 3.01 GENERAL A. All turf planting operations are to be executed across the slope, parallel to finished grade contours. 3.02 SCHEDULE A. Sodded areas must be planted to a "uniform stand" and be in satisfactory condition for acceptance by the Owner. B. Grass planting can proceed only after the irrigation system and fine grading have been approved by the Owner. 3.03 SOIL. PREPARATION A. Tillage: Narrow areas adjacent to the new sidewalks may not require tillage or planting of turf at the discretion of the Owner's Representative. Larger graded areas shall be tilled to a depth of six inches with a chisel type breaking plow. Initial tillage shall be followed by a disc barrow. Tillage with an heavy duty rota -tiller may be an acceptable substitute. B. Cleaning: Soil shall be prepared by the removal of debris, building materials, rubbish, weeds, and stones larger than I" diameter. C. Fine Grading: After tillage and cleaning, all areas to be planted shal I be leveled, fine graded, and drug with a weighted spike harrow or float drag. Th.e required result shall be the elimination of ruts, depressions, bumps, and objectionable soil clods. Area shall be rolled to push remaining stones into the soil. This shall be the final soil preparation step to be completed before the commencement of fertilizing and planting. 3.04 FERTILIZING A. Initial Planting Application: The specified fertilizer shall be applied at the rate of one (I) pound of actual P (phosphorous) per 1,000 square feet. This application must supply one (1) pound of phosphorous per 1,000 square feet. I . Timing: The initial planting application of fertilizer for sodded areas shall be applied after the soil preparation, but not more than 2 days prior to sodding. B. Post Planting Application: 30 days after planting, turfgrass areas shall receive an application of the specified complete fertilizer at a rate of one pound of actual N (nitrogen) per 1,000 square feet. LAWNS AND GRASSES 02930 - 2 C. Post Planting Maintenance: See paragraph 3.08. Areas without a uniform stand ' (complete coverage) that must be maintained later than 30 days after the initial planting shall receive subsequent applications of fertilizer, as described above, every 30 days until a uniform stand is achieved. 3.05 PLANTING A. Prior to laying the sod, the planting bed shall be raked smooth to true grade and moistened to a depth of 4 inches, but not to the extent causing puddling. The sod shall be laid smoothly, tightly butted edge to edge, and with staggered joints. The sod shall be pressed firmly into contact with the sod bed by rolling so as to eliminate all air pockets, provide a true and even surface, and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. All transitions between sod and seeded areas shall be undercut and rolled to provide a smooth, level transition. (edges of sod will be cut into the edges of the existing sod and bottoms of sod pieces will not rest upon existing grass blades, roots, or stolons. Following rolling, fine screened soil of good quality shall be used to fill all cracks between sods. Excess soil shall be worked into the grass with suitable equipment and shall be will watered. The quality of fill soil shall be such that it will cause no smothering of the grass. 3.06 PROTECTION A. No heavy equipment shall be moved over the planted turf area unless the soil is again prepared, graded, leveled, and replanted. It will be the responsibility of this Contractor to protect all paving surfaces, curbs, utilities, plant materials, and any other existing improvements from damage. Any damages shall be repaired or replaced at no cost to the Owner. This Contractor will also locate and stake all irrigation heads, valve risers, etc., prior to beginning any soil preparation work. l_ 3.07 iR.RIGATION SYSTEM A. The proposed irrigation system must be complete in all respects and must be completely operational before turfgrass planting may begin. After planting, any breakdowns in the irrigation system attributable to warranty items must be immediately repaired by the Contractor. Otherwise, the cost of replacing the lost turf caused by the Contractor's failure to promptly repair the irrigation system will be fully borne by the Contractor. 3.08 ESTABLISHMENT AND ACCEPTANCE A. Regardless of unseasonable climatic conditions or other adverse conditions affecting planting operations and the growth of the turfgrass, it shall be the sole responsibility of the Contractor to establish a uniform stand of turfgrass as herein specified. When adverse conditions such as drought, cold weather, high winds, excessive precipitation, or other factors prevail to such an extent that satisfactory results are unlikely, the Owner may, at his own discretion, stop any phase of the work until conditions change to favor the establishment of turfgrass. B. A uniform stand with complete coverage of the specified. grass in seeded areas shall be defined as not less than 95% coverage in a ten -foot square area. Growing plants shalt be defined as healthy grass plants of two blades or more at least I Yz' inches tall. LAWNIS AND GRASSES 02930 - 3 4N., C. Complete coverage of sodded areas shall be defined as having no joints between individual sections or sod. All sections of sod must be firmly rooted to the prepared topsoil, 3.09 POST -PLANTING MAINTENANCE A. Maintenance by the Contractor shall begin immediately after each grass area is planted. All planted areas will be protected and maintained by watering, weed control, and replanting as necessary for at least 30 days after initial planting and for as long as necessary to establish a uniform stand; and until the entire project has been accepted by the Owner. It is anticipated that a minimum of one mowing will occur before the grass is accepted by the Owner. All areas which are not completely covered with the specified grass at the end of 30 days will continue to be replanted and maintained by the Contractor until complete coverage and acceptance are achieved. B. Water: Apply at least 1 /2" of water over the entire planted area every three days. Contractor shall water thoroughly and infrequently once grass is established to encourage deep root growth. Water shal I be paid for by the Owner. C. Mowing: Once grass is established, the planted area shall be mowed at least once a week during the growing season. Grass shall be mowed to a height of t.-U D. Replanting: All areas that do not produce a uniform stand of grass must be replanted until a uniform stand is established. E. Edging: All turf areas adjacent to paved areas shall be edged to maintain a neat appearance. 3.10 GRADING A. Al I grading and placing of topsoil on any given area will be done prior to the turfgrass installation. It will be this Contractor's responsibility to maintain the existing grades and leave them in a true and even condition after planting turfgrass. 3.11 EROSION CONTROL A. Throughout the project and the maintenance period for turfgrass, it is the Contractor's responsibility to maintain the topsoil in place at specified grades. Topsoil and turfgrass losses due to erosion wil I be replaced by the Contractor until establishment and acceptance is achieved. 3.12 CLEAN UP A. This Contractor shall remove any excess material or debris brought onto the site or unearthed as a result of his turf -grass operations. 3.13 GUARANTEE A. This Contractor shall guarantee all materials used for this work to be the type, quality, and quantity specified. All areas that do not produce a uniform stand of grass must be replanted until a uniform stand is established. END OF SECTION LAWNS AND GRASSES 02930 - 4 9M f i SECTION 03300 CONCRETE PARTI-GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and Special Conditions apply to this Section. 1.02 CODES AND STANDARDS A. Comply with the provisions of the following codes, specifications and standards, except where more stringent requirements are shown or specified: B. ASTM C94 - Ready Mixed Concrete C. ASTM C260 - Air Entraining Admixtures for Concrete D. ASTM C 494 - Chemical Admixtures for Concrete E. ASTM A706 - Weldable Reinforcing Steel F. ASTM A615 - Deformed and Plain Billet SteelBars for Concrete Reinforcement. G. ASTM C33 - Concrete Aggregate H. ACI 347 "Recommended Practice for Concrete Form Work," 1. ACI 304 Recommended practice for Measuring, Mixing, Transporting and Placing Concrete. .1. Concrete Reinforcing Steel Institute, "Manual of Standard Practice." K. ADA and TAS guidelines and recommendations. PART II — PRODUCTS 2.01 CONCRETE STRENGTH, MIXING AND TESTING A. Mix in proportion to produce minimum 3000 psi concrete at 28 days and 4 to 6 percent air entrainment per ASTM C94. Slump shall not be more than 4 inches. Addition of water because of insufficient slump will not be permitted. B. The Contractor shall employ and pay for services of an independent testing laboratory to perform testing of concrete materials. Three test cylinders shall be taken for every 75 CY or less of concrete placed, or as directed by the Owner's Representative. One additional cylinder shall. be taken during cold weather (below 40 degrees f) and cylinder shall be cured on job site under same conditions as concrete being tested. One slump test shall be taken for each set of test cylinders. C. Concrete shall be tested by means of actual cylinder breaks, with all information being reported to the Owner. D. Submit test reports to Owner showing results of tests and indicating compliance or non-compliance with standards and specifications. CONCRETE 03300- 1 E. Mixing and delivery time shall be 90 minutes when the air temperature is 85 degrees or less. When the air temperature is between 85 degrees F. and 90 degrees F., reduce the mixing and delivery time from 90 minutes to 75 minutes, and when the air temperature is above 90 degrees F., reduce the mixing and delivery time to 60 minutes. The time of delivery is that time when the truck is on site and the concrete is being placed in the forms. 2.02 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type 1:. (Use only one brand of cement throughout the project, unless otherwise acceptable to Owner). B. Aggregates: ASTM C33. C. Water: Clean, fresh, drinkable. D. Fiber reinforcement. 2.03 RELATED MATERIALS A. Expansion Joints: Pre -molded cane fiber saturated with asphalt, 1/2" wide. Joints 12 feet long or less shall be one continuous piece installed as shown on detail. B. Expansion Joint Cap: W. R. Meadows Snap -Cap, or approved equal. C. Expansion Joint Sealant: Sonneborn SL-1, one part self leveling polyurethane sealant, or approved equal, gray. D. Concrete curing compound: W.R. Meadows Sealtight CS-309 Acrylic Curing and Sealing Compound, or approved equal. 2.04 REINFORCING MATERIALS A. Reinforcing steel: ASTM A615, Grade 60, except No. 3 ties and stirrups may be Grade 40. B. Supports for Reinforcement: Support all reinforcing with chairs. Sand plates shall be used where the soil is loose and will not support chair legs. C. Slip dowels shall be plain steel bars conforming to ASTM A675, Grade 60 or ASTM A 499. Provide smooth dowels as shown and detailed on drawings. Lubricate and cap both ends, leaving'!.," free movement in ends of caps. Caps for smooth dowels shall be formed, clear 6 mil poly -ethylene; or approved equal. PVC pipe shall not be used as caps for smooth dowels. D. Sleeves for slip dowels: "Speed Dowel", manufactured by Greenstreak, Inc., 3400 Tree Court Industrial Boulevard, St. Louis, MO 63122; 1-800-325-9504; or approved equal. E. Fiber reinforcement: virgin polypropylene, collated, fibrillated fibers specifically manufactured for use as concrete reinforcement, containing no olefin fibers. The quantity of fiber reinforcement used shall be 1.5 pounds per cubic yard or as recommended by the fiber manufacturer. CONCRETE 03300- 2 PART III - EXECUTION 3.0 f SITE PREPARATION A. Contractor is responsible for layout of work based on plan dimensions, excavation, grading, leveling, and compaction of sub -grade and fill material. B. Contractor shall notify Owner when concrete forms and reinforcing are in place; minimum of24 hours prior to concrete placement. C. Sub -grade preparation to include removal, hauling, and disposal of any unusable material. 3.02 CONCRETE FORMS A. Curved sections of concrete shall flow smoothly throughout the curve and shall not be composed of straight line segments which have been joined. together. Ends of curves shall flow smoothly into straight line segments. B. Form material shal I be matched, tight fitting and adequately stiffened to support weight of concrete without deflection detrimental to tolerances and appearance of concrete. C. Coat interior surface of forms before placement of reinforcing with W. R. Meadows Duo-gard Concrete Form Release Agent, or approved equal. 3.03 REINFORCING A. Maintain 2" clearance to all concrete surfaces. B. Install smooth dowels in horizontal position, maintaining 2" min clearance to al I concrete surfaces. C. Instal I tie wires by doubling the wire and tying in an "X" pattern. Ends of wire should be bent down in close proximity to the reinforcing steel. D. Support reinforcing with chairs. Chairs shall have sand plates on the bottom when the soil will not support chair legs. 3.04 EXPANSION JOINTS A. Expansion joints shall be fibrous cane material saturated with asphalt. Wood shall not be used. Insertion during concrete placement will not be allowed. Joint material shall have rigid backing while concrete is being placed. B. Install smooth dowels across all expansion joints at 18" max. C. Expansion joints shall extend full -width and depth of slab, 1I2" below finished surface. Expansion joint material shall be one-piece lengths for the full width being place, whenever possible. Where more than one length is required, lace or clip joint sections together. D. Protect the top edge of the joint material with a temporary plastic joint cap. Remove temporary cap after both sides of joint are placed. E. The top 1/2" of expansion joints shall be filled with a gray colored urethane sealant. Provide masking at joint edges to maintain straight line of sealant. Remove masking tape before sealant has cured completely. Sealant shall not be placed more than one half inch thick. Applications requiring sealant more than CONCRETE 03300- 3 one half inch thick shall be placed using multiple applications, with adequate hardening time between applications. F. Expansion joints in sidewalk shall be spaced at 30 feet max or as shown on plans. G. Install expansion joints at all locations where new concrete abuts existing concrete. 3.05 CONTROL JOINTS A. Sidewalk control joints shall be spaced at 5' max, spaced evenly between expansion joints; or as shown on the plans 3.06 CONSTRUCTION JOINTS AND COLD JOINTS A. Construction joints and cold joints shall not be used except as shown on the plans. 3.07 CONCRETE PLACING AND WORKMANSHIP A. 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. B. Workmen shall have a minimum of 3 years experience in forming and pouring concrete of a similar nature and scope. C. Comply with ACI 304, and as herein specified. I). Deposit and consolidate concrete slabs in a continuous operation within the limits of construction joints until the placing of a panel or section is complete. Consolidate concrete during placement so that concrete is thoroughly worked around reinforcement and other embedded items and into corners. E. Bring slab surfaces to the correct level with a straightedge and strike off. Use a bull float or darby to smooth the surface, leaving it free of humps or low places. Do not sprinkle water on the plastic surface. F . Apply non -slip broom finish. Immediately after trowel finishing, slightly roughen concrete surface by applying a light broom finish perpendicular to main traffic route. Broom must be kept clean and free from concrete buildup between the bristles. Broom marks should be light but distinct with clean edges. G. 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. H. Contractor shall allow no marking or footprints to be placed on the uncured concrete. Concrete with footprints or other defects will be subject to removal and replacement. Mopping with cement slurry to cover defects will not be allowed. 1. Split edges, cracks, honeycomb and other defects will not be accepted. Concrete section with such defects wit) be removed and replaced at the Contractor's expense. J. Repair of formed surfaces: Remove and replace concrete with defective surfaces if defects cannot be repaired to the satisfaction of the Owner. Surface defects include color and texture irregularities, cracks, spills, air bubbles, honeycomb, exposed rocks and other protruding objects. CONCRETE; 03300- 4 K. Cold weather placing: Protect concrete work from physical damage or reduced strength which would be caused by low temperatures in accordance with ACI 306 and as herein specified. When air temperature has fallen or is expected to fall below 40 degrees F., uniformly heat all water and aggregate before mixing as required to obtain a concrete mixture temperature of not less than 50 degrees F., and not more than 80 degrees F., at point of placement. Do not incorporate frozen materials into the concrete mix and do not place concrete on ti-ozen sub -grade. or on sub -grade containing frozen materials. Do not use calcium chloride and other materials containing antifreeze agents or chemical accelerators unless otherwise accepted in the design mix. Protect concrete with insulating covers if subject to freezing. PVC only, as an insulating cover, will not be allowed. Insulating covers shall not be allowed to damage the finish. L. Hot weather placing: Protect concrete work from physical damage or high temperatures in accordance with ACT 305. Cool ingredients before mixing to maintain concrete temperature at time of placement below 90 degrees F. ?Mixing water may be chilled, or chopped ice may be used to control the temperature provided the water equivalent of the ice is calculated in the total amount for mixing. Cover reinforcing steel with wet burlap if the temperature exceeds the air temperature immediately before embedment. Do not use retarding admixtures unless otherwise accepted in the design mix. M. Contractor shall be responsible for the protection of uncured concrete. Contractor shall not allow markings or footprints to be placed in the uncured concrete. Contractor shall perform curing of concrete by application of curing compound on finished surfaces immediately after finishing. Apply in accordance with manufacturer's recommendations. Re - coat areas subjected to heavy rainfall within 3 hours after initial application. N. Forms may be removed when concrete is sufficiently hard that it will not be damaged by removal of forms and provided that curing operations are maintained. O. All edges of concrete shall have a radius of/2". P. Allow for 1-1/2" minimum clearance between all rein.forcing and concrete surfaces. End of Section CONCRETE 03300- 5 SECTION 09622 RUBBER PLAYGROUND SURFACING PART I - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract including General Conditions apply to this Section. 1.02 APPROVED MANUFACTURER A. Manufacturer will be "Vitriturf", manufactured by Vitricon, Inc.; or approved equal. 1.03 QUALITY ASSURANCE A. The Applicator shall be trained and certified by the manufacturer and shall have minimum two years experience in the installation of rubber surfacing materials. B. Rubber surfacing that is damaged due to vandalism or any other reason before being fully cured is subject to removal and replacement at the discretion of the Owner. 1.04 SUBSTRATE A. Substrate shall be caliche, compacted to 95% min of Standard Proctor Density with a moisture content of 1 % above to 2% below optimum. 1.05 DELIVERY, STORAGE AND HANDLING A. Deliver all materials in original unopened packages with labels intact. Store all materials protected from weather and at temperatures not less than 40 degrees P. B. Weather proofstorage will be the responsibility of the Contractor. 1.06 WARRANTY A. The material will not peel, Flake, crack, delaminate, chip or experience excessive color loss as a result of normal weather conditions or normal use. B. Warranty does not cover damage caused by misuse, vandalism, failure of the substrate or unusual natural occurrences. C. Warranty period shall be for five years from the date of completed installation. PART II - PRODUCTS 2.01 GENERAL A. All components shall be obtained from the manufacturer or it's authorized distributors. No substitutions or additions of other materials will be allowed without prior written permission from the Owner. B. Primer: Polyurethane, single component, moisture cured. C. Binder: Elastic polyurethane pre -polymer, MD1 based, low odor; containing no TDI monomers; mix SBR and binder in a ratio of 82I18 by weight. D. Black SBR: Recycled SBR rubber, cryogenically processed, 3/8" granules, containing less than 4% dust, packed in suitable bags to protect from moisture. RUBBER PLAYGROUND SURFACING 09622 - 1 E. EPDM ribber: Minimum 30% EPDM; granules sized from one to three millimeters; colors shall be 064 (blue) and 065 (gray); tested for shock attenuation under ASTM F 1292 and HIC; tested for non -slip Characteristics under ASTM E303; tested for ease of ignition under BS-5696 and ASTM D 2859; tested for fire resistance tinder UL94. PART 1H - EXECUTION 3.01 JOB CONDITIONS A. After installation of the caliehe base, Contractor will obtain and pay for a minimum of two compaction tests per playground. Owner's Representative will determine locations for tests. B. Rubber surfacing materials shall be protected from moisture, dust, vandalism or other damage until fully cured. Fully cured shall mean that the material is completely stable and is capable of withstanding normal wear and weather conditions (24 hours if instal led at temperature at or above 40 degrees F). Material that is damaged for any reason before being fully cured shall be removed and replaced at the discretion of the Owner. C. Mix SBR rubber with binder at ratio of 82/18 by weight. Spread evenly at specified thickness. Allow to dry for min 24 hours before applying SPDM layer. D. Mix EPDM with binder at ratio of 82/18 by weight. Spread evenly at specified thickness. Spread and compact with steel trowel. Lubricate trowel with diesel fuel or soapy water. Finish by spraying with light mist of water on surface and trowel. Suitability of the finish will be determined by the Owner. E. The material will be securely bonded to the concrete edges and at the seams. F. The EPDM layer will be securely bonded to the SBR layer. G. Contractor will provide a 6' chain link security fence around the playground (rubber surface). It is the responsibility of the Contractor to ensure that no unauthorized persons enter the fenced areas. Lock will be provided by Owner. END OF SECTION RUBBER PLAYGROUND SURFACINI G 09622 - 2 SECTION 09623 WOOD FIBER PLAYGROUND SURFACING .PART I - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract including General Conditions apply to this Section. 1.02 APPROVED PRODUCTYMANUFACTURER A. "Woodcarpet" loose fill surfacing product, manufactured by "Zeager Brothers, Inc."; 4000 East Harrisburg Pike, Middletown, PA l 7057; (800) 346-8524; or approved equal. 1.03 QUALITY ASSURANCE A. Contractor will provide "IPEMA Certificate of Compliance" indicating compliance with ASTM F 2075, "Standard Specification for Engineered Wood Fiber for Use as a Playground Safety Surface Under and Around Playground Equipment". 1.04 SUBSTRATE A. Substrate shall be native soil, undisturbed and/or compacted to 90% min of Standard Proctor Density with a moisture content of I % above to 2% below optimum. 1.05 WARRANTY A. Contractor warrants that the wood fiber playground surfacing will meet ASTM. F2075 for a period of 15 years when maintained at the following depths: 1. Fall height 8' when wood fiber is installed and maintained at a depth of 8" 2. Fall height 12' when wood fiber is installed and maintained at a depth of 12". B. Depth of material will be the responsibility of the Owner after acceptance of the proiect by the Owner. I- H, PART II - PRODUCTS 2.01 GENERAL 1 A. All materials shall be obtained from the manufacturer or it's authorized distributors. No substitutions or additions of other materials will be allowed without prior written permission from the Owner. PART III - EXECUTION 3.01 JOB CONDITIONS A. Substrate will be smooth, compacted to the required density. B. Wood fiber material will be installed using an approved method until the specified thickness isachieved. WOOD FIBER PLAYGROUND SURFACING 09623 - 1 9M l i i C. Substrate will not be damaged by installation equipment. D. After initial installation to thickness shown on the drawings, allow 7 days for settling, install additional wood fiber as required to achieve the required depth. E. Install wood product before installing swing chains. END Ole SECTION i._ _ t _w WOOD FIBER PLAYGROUND SURFACING 09623 - 2 t SECTION 07800 SPECIAL CONDITIONS PART I -GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. Drawings and general provisions of the Contract including General Conditions apply to this Section. 1.02 SPECIAL CONDITIONS A. The work included includes repair and renovation of existing irrigation systems. Contractor's bid should include reasonable allowances for exploratory excavations. B. At some locations (Burns Park) irrigation zone valves are buried directly without valve boxes. Part of (fie work includes the excavation of these valves and installation of standard valve boxes. Careful excavation around these valves wil l be required to prevent damage to the valves and piping. C. Contractor will be required to provide and install a 6' chain link fence around the playgrounds to receive rubber surfacing, as a measure to discourage vandalism. D. Damage to the rubber surfacing for any reason is the sole responsibility of the Contractor until the surface is accepted by the Owner. NO CND OF SECTION SPECIAL, CONDITIONS 07800 - 1