HomeMy WebLinkAboutResolution - 2002-R0558 - Contract For City Parks Construction - Sandia Construction, Inc. - 12_19_2002Resolution No. 2002—RO558
December 19, 2002
Item No. 26
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for the City of
Lubbock parks playground construction, by and between the City of Lubbock and Sandia
Construction, Inc. of Lubbock, Texas and related documents. Said 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 19th
ATTEST:
Garza, City
APPROVED AS TO CONTENT:
1
Victor Kilman, Nrchasing Manager
APPROVED AS TO FORM:
t City Attorney
gs:/ccdocs/Contract- Sandia Const.res
Dec. 10, 2002
day of December '2002.
Sf'"D CHECK
BEEST RAH T Ii%'G
LICENSEP IN TEXAS
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CITY OF LUBBOCK
SPECIFICATIONS FOR
CITY OF LUBBOCK PARKS PLAYGROUND CONSTRUCTION
ITB #225-02/RS
"A City Of Planned Progress"
CITY OF LUBBOCK
Lubbock, Texas
t
ITB #225-02/RS, Addendum #3
City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
1625 13T" STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167 FAX: (806)775-2164
http://purchasing.ci.lubbock.tx.us
MAILED TO VENDOR:
ADDENDUM #3
ITB #225-02/RS
City of Lubbock Parks Playground .Construction
October 15, 2002
CLOSE DATE: October 25, 2002 @ 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.
1. Please fid enclosed the revised bid form for your bid submittal.
2. Sheet A of A — Hub City Playground: The excavation of soils and the installation and compaction
of the base material will be the responsibility of Others, and not in this project scope.
3. Once the playground base material has been compacted to 95% standard proctor and third -party
testing has confirmed this density, it shall be the responsibility of the Contractor of this Project
(#225) to maintain compaction density in all areas of the playground. This may require the
Contractor to re -compact (to original density) some specific areas of the project prior to installing
the safety surface material.
4. It is the intent of this project and the manner in which it has been presented to allow all bidders a
fair and equal opportunity to place bids for the project scope. As was addressed in the Pre -Bid
meeting, this is a Best -Value bid for the Owner, and therefore design alternates may be
addressed by all parties. The current design shows fabric shade structures over certain pieces of
play equipment. Many different manufacturers currently make very similar shade structures that
can be placed over play equipment. Additionally, the manufacturing process for playground
equipment is a very fluid, and not static, industry in which new pieces of equipment are being
�•• manufactured every year and displayed in their representative catalogs. The fabrication shops
that produce equipment are capable of creating customized equipment modules and/or providing
viable alternates. Also, please note that the "PlayMister" piece. of equipment shown in the
drawings utilizes sprays or mists of water. There are numerous manufacturers that produce
pieces of play equipment that emit streams or mist of water. These are used everyday in the
industry for interactive water parks and playgrounds.
All requests for additional information or clarification must be submitted in writing and directed to:
Questions may be faxed to
or Email to:
Ron Shuffield, Senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2164
rshuffield@maii.ci.lubbock.tx.us
9
225-02RSAdd3
ITB #225-02/RS, Addendum #3
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THANK YOU,
CITY OF LUBBOCK
Ron Shuffield
Senior Buyer
225-02RSAdd3
ITB #225-02/RS, Addendum #3
on
BID SUBMITTAL
LUMP SUM BID CONTRACT
DATE:
PROJECT NUMBER: #225-02/RS - CITY OF LUBBOCK PARKS PLAYGROUND CONSTRUCTION
Bid of (hereinafter
called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the construction of a CITY OF LUBBOCK PARKS
PLAYGROUND CONSTRUCTION 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
low availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, specifications and contract documents, within the time
set forth therein and at the price stated below. The price to cover all expenses incurred in performing the
., work required under the contract documents.
BASE BID: #225-021RS — CONSTRUCTION OF SEVEN NEW PARK PLAYGROUNDS; RENOVATIONS
OF FIVE EXISTING PARK PLAYGROUNDS, SAFETY SURFACING OF
MAXEY PARK.
MATERIALS: ($ )
SERVICES: ($ )
TOTAL BASE
BID: ($ )
BASE BID, OPTION #1: FURNISH AND INSTALL PLAYGROUND EQUIPMENT AT OVERTON PARK
PLAYGROUND (SHEET 1-14).
MATERIALS: ($ )
SERVICES: ($ )
TOTAL OPTION #1
(ADD): ($ )
BASE BID, OPTION #2: FURNISH AND INSTALL PLAYGROUND EQUIPMENT AT SEDBERRY PARK
.. PLAYGROUND (SHEET 1-15).
MATERIALS: ($,
low
225-02RSAdd3
ITB #225-02/RS, Addendum #3
SERVICES: ($ )
TOTAL OPTION #2
(ADD):
ALTERNATE BID: CONSTRUCTION OF SEVEN NEW PARK PLAYGROUNDS, RENOVATIONS OF
FIVE EXISTING PARK PLAYGROUNDS, SAFETY SURFACING OF MAXEY PARK.
FURNISH AND INSTALL PLAYGROUND EQ1JIPIVIENT1NjLIEl10F LANDSCAPE
STRUCTURES, INC.
MATERIALS: ($ )
SERVICES: ($ )
TOTAL ALTERNATE BID
(ADD/DEDUCT): ($ )
ALTERNATE BID, OPTION #1: FURNISH AND INSTALL PLAYGROUND -EQUIPMENT INIIEU OF
+• _ _ __,. _ LANDSCAPE STRUCTURES; INC. AS SPECIFIED AT OVERTON
PARK PLAYGROUND (SHEET L14).
MATERIALS: ($ )
SERVICES: ($ }
�^ TOTAL ALTERNATE BID, OPTION #1
(ADD/DEDUCT) ($ )
ALTERNATE BID, OPTION #2: FURNISH AND INSTALL PLAYGROUND EQUIPMENT IN LIEU OF
LANDSCAPE STRUCTURES, INC. AS SPECIFIED AT-9W13tR1ZY
PARK PLAYGROUND (SHEET L15).
MATERIALS: ($ )
SERVICES: ($ )
TOTAL ALTERNATE BID, OPTION #2
(ADD/DEDUCT): ($ )
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words
shall govern.)
.•+ Bidder hereby agrees to commence the work on the above project on or before a date to be
specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 270 (TWO
HUNDRED SEVENTY) consecutive calendar days thereafter as stipulated in the specifications and other
..contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of
$250 (TWO HUNDRED FIFTY) for each consecutive calendar day in excess of the time set forth herein
above for completion of this project, all as more fully set forth in the general conditions of the contract
documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in
accordance with instruction number 28 of the General Instructions to Bidders.
t
225-02RSAdd3
ITB #225-02/RS, Addendum #3
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any
formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30)
calendar days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully
examined the plans, specifications and contract documents pertaining to the work covered by this bid, and
he further agrees to commence work on or before the date specified in the written notice to proceed, and
to substantially complete the work on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from
a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not
less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter
into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within
fifteen (15) days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars ($ ) or a Bid Bond in the sum of
Dollars ($ ), which itis'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 (ifany) with the Owner within fifteen (15) 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.
r
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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 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. Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
M/WBE Firm:
Date:
Authorized Signature
(Printed or Typed Name)
Company
Address
City, County
State Zip Code
Telephone: -
Fax:
ick American __. _ _ ..... _.. _ _..
ian Pacific American Other (Specify)
225-02RSAdd3
POM
ITB #225-02/RS, Addendum #2
e■+
City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
1625 13T" STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167 FAX: (806)775-2164
http://purchasing.ci.lubbock.tx.us
ADDENDUM #2
ITB #225-02/RS
City of Lubbock Parks Playground Construction
MAILED TO VENDOR: October 14, 2002
CLOSE DATE: October 25, 2002 @ 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.
Clarifications:
1. The excavation of soils in the playgrounds as necessary to provide 6" of compacted caliche base
to within 2" of the adjacent concrete sidewalks surrounding the playground will be the
responsibility of Others, and not in this project scope.
2. Contractor shall be responsible for the installation of sand for playground areas to a depth as
specified on the drawings. Contractor shall not be responsible for excavation of sand pit areas.
3. Once the caliche base has been installed by Others, and prior to any safety surface material being
placed upon it by Contractor, a third party will conduct density test of the caliche base to insure
compliance of the 95% standard proctor density requirement. It shall be the Contractor's
responsibility to maintain this density during the duration of his contract.
4. The Owner will supply all benches, picnic tables, and drinking fountains for the project(s).
Installation will be by Others. It shall not be the Contractor's responsibility for the installation of
these items.
5. Water source for "playmister" shall be supplied to location by Others. Others shall bring the water
source twelve inches (12") inside of the playground perimeter sidewalk, where it will be stubbed
up and clearly marked. Contractor shall then be responsible for the connection to this line and the
plumbing necessary to run it to the proper location of the playmister. Playmister will be installed by
the Contractor for this project(#225).
6. Lines and grades shall be accurately furnished by Contractor.
7. Play equipment shall be adjusted in field so as to eliminate any conflict between adjacent concrete
sidewalks and fall zones.
8. Due to two Contractors working on the same project site at the same time, regular and thorough
communication will be required between the Contractors, as well as with the Owner.
.o 225-02RSAdd2
ITB #225-02/RS, Addendum #2
drawings:
1. Sheet L-9, Jennings Park, refers to a "Shuttle Rider by Others". This product has now been
discontinued. Contractor shall be allowed to substitute equal "Airplane" spring rider such as
manufactured by Recreation Creations, Inc. (806-456-7014), or PlayLand (800-356-4727) or
approved equal. Rider MUST be conformed to legally accommodate two (2) users.
6,11 requests for additional information or clarification must be submitted in writing and directed to:
Ron Shuffield, Senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to : (806)775-2164.
ar Email to: rshuffield@mail.ci.lubbock.tx.us
THANK YOU,
CITY OF LUBB CK.
Ron Shuffield
Senior Buyer
era
225-02RSAdd2
City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
1625 13T" STREET
.LUBBOCK, TEXAS 79401
PH: (806)775-2167 FAX: (806)775-2164
http://purchasing.ci.lubbock.tx.us
MAILED TO VENDOR:
OLD CLOSE DATE:
NEW CLOSE DATE:
ITB #225-02/RS, Addendum #1
ADDENDUM #1
ITB #225-02/RS
City of Lubbock Parks Playground Construction
October 9, 2002
October 17, 2002 @ 4:00 p.m.
October 25, 2002 @ 3:00 p.m.
The following items take precedence over specifications for the above named Invitation to Bid (176). Where
any item called for in the ITB documents is supplemented here, the original requirements, not affected by this
addendum, shall remain in effect.
1. The closing date has been changed from October 17, 2002 at 4:00 p.m. to the new closing date of
October 25, 2002 at 3:00 p.m.
All requests for additional information or clarification must be submitted in writing and directed to:
Ron Shuffield, Senior Buyer
City.of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to : (806)775-2164
or Email to: rshuffield@mail.ci.lubbock.tx.us
THANK YOU,
CITY OF LUBBOCK
Ron Shuffield
Senior Buyer
P„ 225-02RSAddl
ENO
P"
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: CITY OF LUBBOCK PARKS PLAYGROUND CONSTRUCTION
ADDRESS: LUBBOCK, TEXAS
ITB NUMBER: 225-02/RS
PROJECT NUMBER: 9669.9103.1000
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
1.
2.
3.
4.
,..� 5.
6.
7.
8.
9.
10
Pk*
INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
NOTICE TO BIDDERS
NOTICE TO BIDDERS
ITB #225-02/RS
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 4:00
o'clock p.m. on the 17th day of October, 2002, 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:
"CITY OF LUBBOCK PARKS PLAYGROUND CONSTRUCTION"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in
the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written.
Bids are due at 4:00 o'clock p.m. on the 17th day of October, 2002, and the City of Lubbock City Council will
consider the bids on the 14th day of November, 2002, 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 B or superior.
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 fifteen (15) days after
notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local
conditions under which the work is to be done. It shall be understood and agreed that all such factors have been
thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid
conference on 9th day of October, 2002 at 11:00 o'clock a.m., in the Planning Conference Room 107, Lubbock,
Texas.
Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13th Street, Lubbock,
Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00
refundable deposit per set. Plans and specifications may be obtained from City of Lubbock, 1625 13th Street,
Lubbock, Texas 79401, Phone: (806) 775-2167. Plans and specifications will be shipped at the bidder's expense. If
^" bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and
must furnish the name of the service to be used and the bidder's account number.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included
in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is
specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a,
Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the
contractor of the prevailing rates of wages as heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and
bid openings are available to all persons regardless of disability. If you would like bid information made available in a more
�^ accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-2018 at
least 48 hours in advance of the meeting.
CITY OF LUBBOCK
Poo VICTOR KILMAN
PURCHASING MANAGER
GENERAL INSTRUCTIONS TO BIDDERS
P"
GENERAL INSTRUCTIONS TO BIDDERS
1 BID DELIVERY TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish CITY OF LUBBOCK
PARKS PLAYGROUND CONSTRUCTION per the attached specifications and contract documents.
Sealed bids will be received no later than 4:00 p.m. CST, the 17th day of October, 2002 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 #225-021RS, CITY OF LUBBOCK PARKS PLAYGROUND
CONSTRUCTION" 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:
Victor Kilman, Purchasing Manager
City of Lubbock
1625 13th Street, Room L-04
Lubbock, Texas 79401
1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. 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 11:00 a.m., October 9th, 2002 in Planning Conference Room 107, 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.
3 ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda.
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 Purchasing Department. At the request of the bidder, or in the
event the Purchasing Department deems the interpretation to be substantive, the interpretation will be
made by written addendum issued by the Purchasing Department. Such addendum issued by the
Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will
become part of the bid package having the same binding effect as provisions of the original bid. 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 Purchasing Department no later than five (5) 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
•-+ supplied by the City of Lubbock Purchasing Department 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.
3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
,.,, 1
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 Purchasing Manager and a clarification obtained before the bids are received,
and if no such notice is received by the Purchasing Manager 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 Purchasing Manager 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.
5 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 City of Lubbock will honor your notations of trade secrets and confidential information and decline 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.
_. 2
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
12.2
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 Purchasing Manager 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 Purchasing
Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be
made.
RON SHUFFIELD, SENIOR BUYER
City of Lubbock
1625 13th Street
Lubbock, Texas 79401
Fax: (806) 775-2164
Email: RShuffield@mail.ci.lubbock.tx.us
13 TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be fully completed within TWO HUNDRED
SEVENTY (270) CONSECUTIVE CALENDAR DAYS 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 improvements
3
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 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.
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 be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
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.
19 TEXAS STATE SALES TAX
19.1 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.
19.2 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.
20 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.
21 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.
22 EXPLOSIVES
••* 22.1 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 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.
22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
22.3 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.
23 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.
24 INSURANCE
24.1 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
5
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.
24.2 The insurance certificates furnished shall name the City as an additional insured, or in the
alternative, shall be accompanied by a statement from the Contractor to the effect that no work on
this particular project shall be subcontracted. It shall be the contractor's responsibility to provide
to the owner all proof of coverage insurance documents including workers compensation
coverage for each subcontractor.
25 LABOR AND WORKING HOURS
25.1 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 Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations
thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract
documents does not release the Contractor from compliance with any wage law that may be applicable.
Construction work under this contract requiring an inspector will not be performed on weekends or
holidays unless the following conditions exist:
25.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
25.1.2 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.
25.2 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.
25.3 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.
26 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, ten 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.
27 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.
6
28 PREPARATION FOR BID
28.1 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.
28.2 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.
28.3 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:
28.3.1 Bidder's name
28.3.2 Bid for (description of the project).
.., 28.4 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.
28.5 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 MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
29 BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
Q) 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.
30 QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein
in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy
the City of Lubbock 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 City of Lubbock
reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the
City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the
work described therein. Evaluation of the bidder's qualifications shall include:
(a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.
FN
(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.
31 BID AWARD
31.1 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 plus the
sum of any Options the City may select.
31.2 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.
31.3 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.
31.4 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.
31.5 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.
31.6 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.
I
#IIA
.. BID SUBMITTAL
ITB #225-02/RS, Addendum #3
BID SUBMITTAL
LUMP SUM BID CONTRACT
DATE: October 25, 2002
PROJECT NUMBER: #225-021RS - CITY OF LUBBOCK PARKS PLAYGROUND CONSTRUCTION
Bid of Sandia Construction, Inc. (hereinafter
called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the construction of a CITY OF LUBBOCK PARKS
PLAYGROUND CONSTRUCTION having carefully examined the plans, specifications, instructions to
bidders, notice to bidders and all other related contract documents and the site of the intended work, and
being familiar with all of the conditions surrounding the construction of the intended project including the
availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, specifications and contract documents, within the time
set forth therein and at the price stated below. The price to cover all expenses incurred in performing the
work required under the contract documents.
BASE BID: #225-021RS - CONSTRUCTION OF SEVEN NEW PARK PLAYGROUNDS, RENOVATIONS
OF FIVE EXISTING PARK PLAYGROUNDS, SAFETY SURFACING OF
MAXEY PARK.
MATERIALS:
SERVICES: 17�'
TOT
BID:
* � �$ * )4-776X s
BASE BID, OPTION #1: FURNISH AND INSTALL PLAYGROUND EQUIPMENT AT OVERTON PARK
PLAYGROUND (SHEET L94).
MATERIALS: / - ` f Qe/ ($ 01 0o0 '� )
SERVICES: /�-[J l 'r �// zir000 s )..
TOTAL OPTION #1
{ADD): - °��$ �/, 000 �' )
BASE BID, OPTION #2: FURNISH AND INSTALL PLAYGROUND EQUIPMENT AT SEDBERRY PARK
PLAYGROUND (SHEET L95).
MATERIALS: `�' 0/! O-d""--
225-02RSAdd3
ocb . ¢
G w.A
ITB #225-021RS, Addendum #3
SERVICES:
TOTAL OPTION
(ADD):
v� 1rP . 4 ($ Z3, 060 )
ALTERNATE BID: CONSTRUCTION OF SEVEN NEW PARK PLAYGROUNDS, RENOVATIONS OF
FIVE EXISTING PARK PLAYGROUNDS, SAFETY SURFACING OF MAXEY PARK.
FURNISH AND INSTALL PLAYGROUND EQUIPMENT IN LIEU OF LANDSCAPE
STRUCTURES, INC. _
MATERIALS:
SERVICES: I
TOT�LTEr, RNATE�ID
e r� rrr T� _
$
301OC9d *% 1
�i V
ALTERNATE BID, OPTION #1: FURNISH AND INSTALL PLAYGROUND EQUIPMENT IN LIEU OF
LANDSCAPE STRUCTURES, INC. AS SPECIFIED AT OVERTON
PARK PLAYGROUND (SHEET 11-14).
MATERIALS:.
SERVICES:
TOTA NATE BID, OPTION #1
(AD EDUCT ($ �� Q, 600 `�
ALTERNATE BID, OPTION #2: FURNISH AND INSTALL PLAYGROUND EQUIPMENT IN LIEU OF
LANDSCAPE STRUCTURES, INC. AS SPECIFIED AT SEDBERRY
PARK PLAYGROUND (SHEET L15).
MATERIALS:�t.�G.,a�..,,�C
SERVICES:
TOTAL TE BID,�OPTION#2 �
(AD EDUCT):
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words
shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be
specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 270 (TWO
HUNDRED SEVENTY) consecutive calendar days thereafter as stipulated in the specifications and other
contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of
$250 (TWO HUNDRED FIFTY) for each consecutive calendar day in excess of the time set forth herein
above for completion of this project, all as more fully set forth in the general conditions of the contract
documents.
Ridder understands and agrees that this bid submittal shall be completed and submitted in
accordance with. instruction number 28 of the General Instructions to Bidders.
225-02RSAdd3
FIR ITB #225-02JRS, Addendum #3
., Bidder understands that the Owner reserves the right to reject any or all bids and to waive any
formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30)
calendar days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully
,. examined the plans, specifications and contract documents pertaining to the work covered by this bid, and
x he further agrees to commence work on or before the date specified in the written notice to proceed, and
to substantially complete the work on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's check or certified check issued by a bank satisfactory to.the City of Lubbock, or a bid bond from
a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not
less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter
into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within
fifteen (15) days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or. Certified Check for
Dollars ($ 1 or a Bid Bond in the sum of
% of Total Amount of Bid Dollars ($ ), which it is agreed shall be
collected and retained by the Owner as liquidated damages in the event the bid is accepted by the
Owner and the undersigned fails to execute the necessary contract documents, insurance
certificates, and the required bond (if any) with the Owner within fifteen (15) 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.
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 MUST BE MADE ON THE BID SUBMITTAL FORM
PRIOR TO BID OPENING.
Date: October 25, 2002
Authorized ignature
(Seal if Bidder is a Corporation) (This Corporation has no seal) Greg M. Durbin
ATTEST: (Printed or Typed Name)
Secretary shiziey bin
Bidder acknowledges receipt of the following addenda:
Addenda No. ONE Date 10 09 02
Addenda No. Two Date 10 14 02
'. Addenda No. THREE DateilLaLU
Addenda No. Date
Sandia Construction, Inc.
Company
2723 81st
Street
Address
Lubbock
Lubbock
City,
County
Texas
'79423
State
Zip Code
Telephone: 806
- 745-9450
Fax: 806 -
745-9420
MNVBE Firm: I Woman Black American
Hispanic American I I Asian Pacific American Other (Specify)
225-02RSAdd3
Fidelity and Guaranty Insu. �e Underwriters, Inc.
Baltimore, Maryland
A Stock Company
Bid Bond
.Bond Number -------------------
Know All Men By These Presents:
That _ Sandia Construction, Inc_ - _ .
--------------- of -Lubbock, Texas
----------------------=- ---------------------------
- _ _ _ - - _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - , as Principal, and the other undersigned, as Surety, are
held and firmly bound unto _ City of Lubbock, Texas
-----------------------------------------------
-----------------------------------------------------------------------------------
Y as Obligee, in the full and just sum of - Five -Percent of _Greatest Amount Bid --- ------ ------------------------
�^----------------- —------------------------------- -------------- -----------------_-____------------------
-------------------------------------- --- -- ----- Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
Whereas, the said Principal is herewith submitting its proposal
City of Lubbock Parks Playground Construction
The Condition Of This Obligation is such that if the aforsaid Principal shall be awarded the contract the said
Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the
performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will
pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the
Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event.
shall liability hereunder exceed the penal sum hereof.
., Signed, sealed and delivered October 25, 2002
(Date)
Sand' Construction, Inc. _ _ - - - - - - - - (sear)
--- - --- --- --
e� ------------- - �- - - - - -- (Seal) .
Fidelity and Guaran# Insurance Underwriters, Inc.
=----------------------------------- -
-------------------------- - --- - ------ - =�-----
Kevin . Dun$ - Attonney-in-fact
an- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- ----
11
Contract 500 (8-94)
7he&Fhul POWER OF ATTORNEY
Power of Attorney No. 21509
Certificate No. 620373
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do
hereby make, constitute and appoint
Kevin J. Dunn, Fred Davis and Cara Hancock
Lubbock Texas
of the City of , State , their true and lawful Attorney(s)-in-Fact.
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and.acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the,
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 18th day of January 2000
Seaboard Surety Company United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
51ViEry� ec."N'!.•ts��
�' toM0110E �lw4
v--4��.�
Ai.�o^ vlBELisi Cin 1896 � � 'I9%%
Fidelity and Guaranty Insurance Underwriters, Inc.
f
JOHN F. PHINNEY, Vice President
tiI51
State of Maryland
City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary
On this 18th day of January 2000 before me, the undersigned officer, personally appeared John F. Phinney and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.: and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies: and that.they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereof, I hereunto set my hand and official seal. m NNoT4AY
My Commission expires the 13th day of July, 2002. REBECCA EASLEY-ONOKALA, Notary Public
9E CiTt
t
86203 Rev. 7-2000 Printed in U.S.A.
LIST OF SUBCONTRACTORS
Minority Owned
.�
Yes No
1.
❑ ❑
2.
❑ ❑
3.
❑ ❑
4.
❑ ❑
5.
❑ ❑
6.
❑ ❑
7.
❑ ❑
8.
❑ ❑
9.
❑ ❑
10.
❑ ❑
P*,
4
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Bidder
And Attached to Bid Submittal
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 fifteen (15) 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/proposal.
Contractor (Signature) Contractor (Print)
CONTRACTOR'S FIRM NAME:
(Print or Type )
r-
CONTRACTOR'S FIRM ADDRESS:
.a
Name of Agent/Broker:
Address of Agent/Broker:
City/State/Zip:
Agent/Broker Telephone Number: ( )
r^+ Date:
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this bid/proposal and
award the contract to another contractor. If you have any questions concerning these requirements,
please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165.
BID #225-02/RS - CITY OF LUBBOCK PARKS PLAYGROUND CONSTRUCTION
5
B 0 'I'll IF., CH" E C K
KEY IRATIPx
L HC r' NS )EI ON TEXAS
D T E ply
PAYMENT BOND
ii
Bond No. SL 5725
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021 (a)
OF THE TEXAS GOVERNMENT CODE
am (CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY THESE PRESENTS, that SANDIA CONSTRUCTION, INC. (hereinafter
called the Principal(s), as Principal(s), and
FIDELITY & GUARANTY INSURANCE UNDERWRITERS, INC.
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of ONE MILLION FIVE HUNDRED ELEVEN THOUSAND AND NO/100 -------------- ---------------- ---------------
""" Dollars ($ 1,511,000.00 )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 the 19TH day of
DECEMBER , 2002 1 to CITY OF LUBBOCK PARKS PLAYGROUND CONSTRUCTION - BID #225-02/RS
APR
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 pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
-PRdWDED, HOWEVER, that this bond Is executed pursuant to the provisions of Section 2253.021 (a) of the
' ons Oovernr`hent 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 WITNi=SS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
?_3RD day of DECEMBER 2002
FIDELITY & GUARANTY INSURANCE UNDERWRITERS, INC. SANDIA CONSTRUCTION, INC.
Surety Principal
*By, By:
KEVIN J. D N, Attorney -In -Fact (Title)
By:
(Title)
By:
(Title)
0"
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.
FIDELITY & GUARANTY INSURANCE UNDERWRITERS, INC.
Surety
* By: `
KEVIN J. DUN , Attorney -In -Fact
Approved as to form:
City of Lubbock
By:
City 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
attorney for our files.
m
eS%Palll
POWER OF ATTORNEY
U2
06-
Power of Attorney No.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
21509
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Certificate No. 620393
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do
hereby make, constitute and appoint
Kevin J. Dunn, Fred Davis and Cara Hancock
Lubbock
Texas
of the City of , State , their true and lawful Attorneys) -in -Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or pe, hutted in any actions or proceedings allowed by law.
q 18th January 2000
IN WITNESS WHEREOF, the Companies have caused this instrume toeigned'and sealed yh day of
Seaboard Surety Company w Waited States Fidelity and Guaranty Company
St. Paul Fire and Marine InsuratfCe ompah'y NFidelity and Guaranty Insurance Company
St. Paul Guardian Insurance opany Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance company'
Y�.
iess°D 1977 JOHN F. PHINNEY, Vice President
mrs * �`SEByDi ii•.. ANtd�"Jd
State of Maryland
City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary
On this 18th day of January 2000 before me, the undersigned officer, personally appeared John F. Phinney and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
�O�GGPEAS(F.'0Adj
In Witness Whereof, I hereunto set my hand and official seal. e pOrARY
v V8C/C
My Commission expires the 13th day of July, 2002. �io9f C�iV �O REBECCA EASLEY-ONOKALA, Notary Public
^* 86203 Rev. 7-2000 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and
effect, reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached; and
RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of
Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary .of the Company.
I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,
St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF, I hereunto set my hand this 23rd day of December
�i 92 � �3�caa� �EORPOR��F�h FZ�'J��RPORAlf ms
w9FO t,* �b SE AL .o"3 SSAL,ap s
...+"r
To verify the authenticity of this Power of Attorney, call ]-
the above -named individuals and the details of the bond to
W�OAPORATEDG
1951
2002
Thomas E. Huibregtse, Assistant Secretary
fAIIaMey clerk. Please refer to the Power of Attorney number,
mou-0
'BOND
CHECK
BEST PATI.k,,G
E
�/Sl NIV EXAMS
DA TIBY
PERFORMANCE BOND
Bond No. SL 5725
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021 (a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that SANDIA CONSTRUCTION, INC.
(hereinafter called the Principal(s), as Principal(s), and
FIDELITY & GUARANTY INSURANCE UNDERWRITERS, INC.
(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 ONE MILLION FIVE HUNDRED ELEVEN THOUSAND AND NO1100 --------------------------------------------
Dollars ($1,511,000.00 ) 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 the 19TH day of
DECEMBER , 2002 , to CITY OF LUBBOCK PARKS PLAYGROUND CONSTRUCTION - BID #225-021RS
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.
PROVID i3, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021 (a) of the
Texas L overnmer _f dbL~ 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 vvrrNESS YJHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 23RD
day of DECEMBER' . 2002
FIDELITY & GUARANTY INSURANCVUNDERWRITERS, INC. SANDIA CONSTRUCTION, INC.
.-. Surety
* By:
, Attorney -In -Fact
ow
Principal
By.
(Title)
By:
(Title)
By:
(Title)
M,
.mk
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.
FIDELITY & GUARANTY INSURANCE UNDERWRITERS, INC.
* By
Approved as to Form
City of Lubbock
By:
City 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
attorney for our files.
r,
TheStftl
POWER OF ATTORNEY
Power of Attorney No.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
21509
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Certificate No. 620396
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws cf the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do
hereby make, constitute and appoint
Kevin J. Dunn, Fred Davis and Cara Hancock
Lubbock Texas
of the City of State , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument twoNe tignecrA sealed this 18th day of January 2000
NN
Seaboard Surety Company United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insuratfeeftoinpah� „-� � Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurane Co?ipan � Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Comp�ty�
y
SWETy �� O��N'INSGB �p'Y �"s�agti cc,�._s6TYd r�
ft
* �� * I ORPwR.,TF,�t Iv:'cOPYORATf �� A i�xPwq�
�d•.?It
sBAL; 3' N ti p 1 a
JOHN F. PHINNEY, Vice President
�pFnE'N 1g T lSa Ai �s...`.-�p 1"i/AH�O`'d tt� 4� e. ` , /
State of Maryland
City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary
On this 18th day of January 2000 before me, the undersigned officer, personally appeared John F. Phinney and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St, Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
kO�GGpEA3(Fy2Adj - r^ Imo&
In Witness Whereof, I hereunto set my hand and official seal. pOTgRV
My Commission expires the 13th day of July, 2002. ao REBECCA EASLEY-ONOKALA, Notary Public
HE CiTV
9
86203 Rev. 7-2000 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and
effect, reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached; and
RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of
Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,
St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF, I hereunto set my hand this 23rd day of December 2002
$UREIy _\�>'p iN jY,NSUgy vu
.92% 1 CppPCRASE <oR00,NA1em '0.p0.VOAATf;'": WWWAft PORFTEp /
SEAL..4° a+ 1898 ,. 1.977 1951
oFr>Ew �s fs ; AH�a - �?s "•;' r� r� A��' � �, �� ,°,'� Thomas E. Huibregtse, Assistant Secretary
To verify the authenticity of this Power of Attorney, call 1-800-421 S and ask- fiJr � the Po �f Att0i1qey clerk. Please refer to the Power of Attorney number,
�q a
the above -named individuals and the details of the bond to whcc the paw' attache , -. '
StPaul Surety
IMPORTANT NOTICE:
To obtain information or make a complaint:
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 at:
P.O. Box 149104
Austin, TX 78714-9104
FAX # 1-512-475-1771
Your notice of claim against the attached bond may be given to the surety company that issued
the bond by sending it to the following address:
Mailing Address: St. Paul Surety Claim
P.O. Box 4689
Federal.Way, WA 98063-4689
Physical Address: St. Paul Surety Claim
31919 First Avenue South
Suite 100
Federal Way, WA 98003
You may also contact the St. Paul Surety Claim office by telephone at:
Telephone Number: . 1-253-945-1545
PREMIUM OR CLAIM DISPUTES:
If you have a dispute concerning a premium, you should contact the agent first. If you have a
dispute concerning a claim, you should contact the company first. If the dispute is not resolved,
you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND:
This notice is for information only and does not become a part or condition of the attached
document.
0"
CERTIFICATE OF INSURANCE
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 12/23/2002
IRODUCER (806) 785-1988 FAX (806) 785-21S5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gallagher Inwest ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. 0. Box S3910 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Lubbock, Texas 79453
INSURERS AFFORDING COVERAGE
INSURED Sandia Construction, Inc. INSURER A: Bituminous Casualty Corporation
2723 81st Street INSURERB: Texas Mutual Insurance Company
Lubbock, TX 79423 INSURERC: Fireman's Fund Insurance Co.(McGee)
INSURER D:
L INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
L
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TR
TYPE OF INSURANCE
POLICY NUMBER
POLICY
YMWDDCYYE
POLICY
MM/DD/Y EXPIRATION
LIMITS
GENERAL LIABILITY
CLP3134397
02/17/2002
02/17/2003
EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Any one fire)
$ 100,000
CLAIMS MADE FXXI OCCUR
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
�A
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2,000,000
X POLICY PRO LOC
JECT
AUTOMOBILE
LIABILITY
ANY AUTO
CAP3134381
02/17/2002
02/17/2003
COMBINED SINGLE LIMIT
dent)
(Ea accident)
$
1,000,000
X
BODILY INJURY
(Per person)
$
LA
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
X
BODILY INJURY
(Per accident)
$
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
At ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
ANY AUTO
$
EXCESS LIABILITY
UP2531526
02/17/2002
02/17/2003
EACH OCCURRENCE
$ 2,000,000
X OCCUR CLAIMS MADE
AGGREGATE
$
$
�A
$
DEDUCTIBLE
RETENTION $ 10 r 00
$
LB
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
TSF0001113473
02/17/2002
02/17/2003
X ORY L MU- ER
E.L. EACH ACCIDENT
$ , 000 , 0O
E.L. DISEASE - EA EMPLOYEE
_ _1
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
LC
OTUIR
Buiders Risk Coverage
XI97702031
08/16/2002
08/16/2003
$5,000,000 Job Site Limit
ESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
anket Additional Insured & Waiver of Subrogation included on General Liability & Auto as required by
rO
itten contract. 30 Day Notice of Cancellation also included on General Liab. & Auto Req. Written
lanket Waiver of Subrogation included on Workers Compensation policy as required by written contract.
roject: 225-02/RS City of Lubbock Parks Playground Construction
;ERTIFICATE HOLDER
1
CITY OF LUBBOCK
PO BOX 2000
LUBBOCK, TX 79457
ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Mike Henthorn. CIC/DAA
6W
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.
N
P"
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on
proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the
contractor knew or should have known, of any change that materially affects the provision of coverage of
any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19-point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional words
^� or changes:
2
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and
(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
CONTRACT
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 19th day of December, 2002 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 Sandia Construction, Inc. 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
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #225-021RS - CITY OF LUBBOCK PARKS PLAYGROUND CONSTRUCTION- $1,511,000.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract
documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance 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.
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. "7 - /I
ATTEST: CITY OF BOC , E (OWNER)
By:
City Secretary ARC M OU Al- MAYOR
APPROVED A O CONTENT:
CONTRACTOR:
.., Owner' Representative
APPROVED AS TO FORM:
ity Attorney n ff
PRINTED NAME:
TITLE: �re Sic�2an
ATTEST: COMPLETE ADDRESS:
Cor o[at Secreta Sandia Construction, Inc.
2723 81 st Street
Lubbock,Texas 79423
ra+
GENERAL CONDITIONS OF THE AGREEMENT
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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.
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 SANDIA CONSTRUCTION, INC. who has agreed to perform the work embraced
in this contract, or their legal representative.
3. 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 COORDINATOR,
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.
P'^ 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 Certificate, 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.
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.
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.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
A,
11. 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.
12. 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.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative 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
c 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.
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)
!"* 2
.^
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 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.
3
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
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.
4
N
FN
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) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced,
then the Contractor shall be paid the 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
(15%) 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."
5
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,
0
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.
The Certificates of Insurance furnished by the Contractor and Subcontractors shall name the City of
Lubbock as an additional insured. If no subcontractors will be used, said insurance certificate shall be
accompanied by a written statement from the Contractor stating to the effect that no work on this
particular project shall be subcontracted.
.�. A. General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined
Single Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
B. Owner's and Contractor's Protective Liability Insurance.
For bodily injuries, including accidental death and or property damage, L0, Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500,000 Combined Single Limit,
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and
Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job
and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
7
D. Builder's Risk Insurance/Installation Floater Insurance.
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of
potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of �0 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.00.
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 0406.096, 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.
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.
3. 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;
(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 person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (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
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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;
(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;
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(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 5121440-3789 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:
"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, materialmen 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 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,
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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
may withhold permanently from Contractor's total compensation, the sum of $250 (TWO HUNDRED FIFTY I 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 thatthe 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.
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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 pan` of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in
which event, such expense as in the 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.
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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
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
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,
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Owner shall pay to the Contractor on or before the 31 st 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.
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.
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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
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 (15) 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.
17
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.
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
18
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
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.
X"
19
CURRENT WAGE DETERMINATIONS
RE: RESOLUTION NO.6262, ITEM NO. 39, APRIL 8, 1999
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Hourly Rate
Acoustical Ceiling Installer
11.50
Air Conditioner Installer
12.50
Air Conditioner Installer -Helper
6.25
Asbestos Worker
9.00
Asbestos Supervisor
12.50
Bricklayer
- 12.50
Bricklayer -Helper
7.00
Carpenter
11.00
Carpenter -Helper
7.00
Cement Finisher
8_00
Drywall Hanger
11.00
Electrician
13.75
Electrician -Helper
7.00
Equipment Operator -Heavy
9.50
Equipment Operator -Light
8.50
Floor Installer
9.50
Glazier
10.50
Insulator-Piping/Boiler
11.50
Insulator -Helper
7.00
Iron Worker
11.00
Laborer -General
6.00
Mortar Mixer
6.00
Painter
9.50
Plumber
12.50
Plumber -Helper
7.00
Roofer
9.00
Roofer -Helper
7.00
Sheet Metal Worker
10.00
Sheet Metal Worker -Helper
7.00
Welder -Certified
11.00
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]
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Hourly Rate
Asphalt Heaterman
9.00
Asphalt Shoveler
6.00
Concrete Finisher
8.00
Concrete Finisher -Helper
7.00
Electrician
12.00
Flagger
6.00
�.,
Form Setter
7.00
Form Setter -Helper
6.25
Laborer -General
6.00
Laborer -Utility
6.75
Mechanic
8.00
Mechanic -Helper
7.00
Power Equipment Operators
Asphalt Paving Machine
7.75
Bulldozer
8.00
Concrete Paving Machine
7.75
Front End Loader
7.25
Heavy Equipment Operator
8.00
Light Equipment Operator
7.25
Motor Grader Operator
9.50
Roller
6.75
Scraper
7.25
Tractor
7.25
**
Truck Driver -Light
6.50
Truck Driver -Heavy
7.00
2
r
EXHIBIT C
.�. 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 D
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be as required by the fair Labor Standards Act.
3
SPECIFICATIONS
Carlisle, Cooke, Davies, Davis, Duran, Hub City, Jennings, Lopez, McCullough, Overton, Reagan,
Sedberry, Sims, Strong, and Underwood Park Playgrounds
Renovations and Installations
Parks & Recreation Department
City of Lubbock, Texas
SECTION 01: SUMMARY OF WORK
I. General
A. Scope of Project
1. Contractor shall supply all supervision, perform all work, furnish all labor, tools, materials,
equipment, and incidentals necessary to fully and properly perform all work at each park site listed
above, and as described in the plans and specifications. All construction and other work shall be
completed in accordance with all governing codes and ordinances, with the best engineering and
construction practices, including the material manufacturers' recommendations for installation and
workmanship, for the skill or trade involved.
Playground construction, equipment, installation, and some specific demolition shall be
furnished by Contractor.
2. We request that your proposal be made in conformance with the guidelines contained in the
specifications and on all plans. The contract will be awarded to the company with the proposal
determined to be the most advantageous to the City of Lubbock.
3. Work shall be performed in such an order that the remaining park amenities do not suffer due to
the work being performed in the playground. Owner shall flag existing irrigation heads in the area,
and remove any irrigation heads before the demolition and construction that interfere with the
design. When completion of the construction is final, the final utility work will then be completed.
B. Work Included:
1. Section 02 - Product Substitution
2. Section 03 - Earthwork and Grading
3. Section 04 - Plant Material
4. Section 05 - Concrete Work
5. Section 06 — Monolithic Safety Surface
6. Section 07 - Park Equipment
r�*
C. Additional Information
1. All information under General Instructions to Bidder and General Conditions of Agreement apply
to this section.
2. These plans and specifications were prepared by KDC Associates (henceforth known as the
Landscape Architect), for the City of Lubbock Parks Department (henceforth known as the
Owner). The successful bidder (henceforth known as the Contractor) shall be responsible for all
staking, and shall contact the Owner to verify all construction stakes for location of various
construction items at project sites before any installation may take place.
3. Bidder shall be prepared to send Owner a price breakdown of any and/or all items outlined in his
bid. Price breakdowns will only be requested after the bid opening has taken place.
11. Quality Assurance
A. Contractors on Site Responsibilities
,,. 1. All playground equipment shall be enclosed within an existing sixty -inch (60") inch width concrete
border walk, with minimum sixty -inch (60") inside radius curves. Contractor shall field verify that
concrete border walk will conform to all safety zone requirements for playground equipment.
2. Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks,
buildings, vehicles, utilities, etc., in the area where the work is being done or that may be located
adjacent to or in -route across park property to the job site. The Contractor shall rebuild, restore,
6"
and make good at his own expense, all injury and damage to same which may result from work
being carried out under this contract.
3. The Contractor shall not park or drive any vehicles or equipment beneath the drip line of on -site —
trees and shrubs. Contractor and employees shall not park on unsurfaced park property and shall
not drive vehicles across park land unless it is directly necessary to deliver materials to the job site.
Pre -mix concrete trucks delivering concrete to the site shall not dump slag or wash down their
vehicles on park property or adjacent private property. Contractor shall be responsible for
notifying concrete truck drivers of this policy.
4. The Contractor shall take all necessary precautions to assure the safety of the park visitors during
the construction and clean-up operations. The Contractor shall maintain and keep in good repair
the work intended under these Plans and Specifications and shall perform all necessary repair,
construction, and renewal to the date of acceptance by Owner.
5. Any utility and irrigation lines shown on plans are for design and construction information and are
accurate as to location. The depths of utility lines are not guaranteed. All underground lines are
referenced from known surface structures. It is not implied that all existing public utility lines are
shown on plan. Park utilities include irrigation systems, and park lighting, all others are public
utilities. The Contractor's attention is directed to the fact that other underground utility lines may
exist that the Owner is not aware of. The Owner does not assume any responsibility for any public
utilities, which are not shown on plans. It is the Contractor's obligation to locate and familiarize
himself with all utilities and to provide for their safety.
Damage to utilities will be repaired at Contractor's Expense. Park development staff will assist in
the design and relocation of utility lines.
6. Contractor shall be responsible for protection of unfinished work and shall be responsible for the
safety of park users using the unfinished equipment. 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.
7. The Contractor shall be responsible for all damage to work due to the failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately
removed and replaced by the Contractor at his own expense. The Contractor's responsibility for
maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor
of City's certificate of acceptance of the project.
8. Contractor shall be responsible for removal, hauling, and disposal of all construction debris and
unusable material from proposed construction areas and designated sites as shown on plans and in
specifications. Owner shall retain the right to any existing materials deemed to have value.
9. Other projects, independent from this Contract, shall install a sixty -inch (60") wide concrete
border walk to enclose each playground area. Contractor shall coordinate with other contractor to
leave a section open to playground area for construction, and pour remaining concrete section after
all construction is complete.
10. Contractor is responsible for inspection of site, to verify all existing conditions. Contractor shall
be responsible to fully and properly complete all work as described in the specifications and shown
on plans.
11. Contractor shall be responsible for verification of all utilities and irrigation systems.
12. Contractor shall furnish and supply all supervision, equipment, and labor necessary to perform
excavation, grading, backfill, compaction, and stock piling of material as specified herein and on
the plans.
Owd
B. Safety
1.
All equipment shall be free of sharp edges, corners, and extremely rough surfaces.
2.
All raised platforms, walks, slides, and ramps shall have handrails.
3.
All equipment shall meet or exceed the safety guidelines as outlined by the Consumer Product
Safety Commission (CPSC) by the National Bureau of Standards (NSB) as it pertains to the
Americans with Disabilities Act. (ADA).
4.
All equipment shall meet current American Society for Testing and Materials (CPSC/ASTM)
safety guidelines and specification. (F 1487-93).
�. 5.
All equipment shall meet current Texas Accessibility Standards.
C. Allowable Tolerances
1.
Metal shall be straight or at design radii and bends, shall not have kinks, shall not be bent or
crimped, and shall be true to shape.
2.
All metal parts and hardware, unless specified as aluminum, shall be hot dip galvanized, have
electrostatically bonded color, or have an approved corrosion -resistant coating.
•, 3.
Any material that does not conform to standards listed in section will be rejected by Owner and
replaced by Manufacturer at his expense.
D. Product Delivery, Storage, and Handling
1.
Protect all materials from inclement weather: wet, damp, extreme heat, or cold, theft, damage, or
vandalism.
2.
All manufacturers' labels, installation instructions, and shop drawings shall be in included for each
item ordered.
E. Equipment Check
1.
The Contractor shall, one week after installation of equipment, check that all parts are secure and
are in good working condition.
F. Clean-up
1. Demolition debris shall be removed from the site before commencement of construction work.
2. Within three days after completion of site, the Contractor shall clean, remove rubbish and
temporary structures from the site, restore in an acceptable manner all property, to it's original
integrity both public and private, which has been damaged during the prosecution of work, and
leave the site of the work in a neat and presentable condition throughout. The cost of the
"cleanup" shall be included as a part of the cost of the various items of work involved, and no
direct compensation will be made for this work. This work shall be done before final acceptance
by the Owner will be considered.
3. Contractor shall clean up and haul off all construction debris, including excavated rock material.
Area shall be graded back into existing grade smoothly.
4. All spare parts or other pieces of equipment shall be turned over to the Owner following
completion of the project.
5. Contractor is to remove all part label stickers before final inspection is conducted.
G. Warranty
1. Contractor shall guarantee all labor, workmanship, and materials supplied by Contractor for a
period of one (1) year from date of acceptance. After a period of one year, the Contractor may be
required at the discretion of the Owner, to make one final check for tightness of all parts.
2. Repairs made necessary due to faulty workmanship shall be made promptly by Contractor at
Contractor's expense.
3. Contractor shall guarantee that all equipment shall meet or exceed the safety guidelines as outlined
by the Consumer Product Safety Commission (CPSC) by the National Bureau of Standards (NBS)
as it pertains to the Americans with Disabilities Act (ADA) and Texas Accessibility Standards
(TAS).
End of Section
r—�
SECTION 02 PRODUCT SUBSTITUTION
I. General
A. Work Included:
1.
Section 01 - Summary of Work
2.
Section 03 - Earthwork and Grading
3.
Section 04 - Concrete Work
4.
Section 05 — Play Equipment
5.
Section 06 — Monolithic Safety Surface
6.
Section 07 — Sand Pits
7.
Section 08 — Park Equipment
II. Substitutions
A. Conditions for substitutions (`or Approved Equal')
1. In the event that the clause `or approved equal' is used in the specifications pertaining to materials,
the Bidder desiring to make substitutions for specified equipment shall submit the following:
a) Product identification, including manufacturer's name, address, and product
literature.
b) Product description.
c) Product performance and test date.
d) Reference standards.
e) Physical samples of key components supplied to Owner and Landscape Architect. _
f) Locations and contact names of a minimum of five (5) projects installed within a 250 mile
radius of Lubbock, Texas.
g) Published product warranty from Manufacturer.
h) Technical product specifications of each element of the equipment. —
i) Scaled drawings showing placement, configuration, height, and fall zone (if applicable) of
the equipment.
2. Request for substitution should be included with the overall bid and will be considered before —
contract is awarded.
3. After contract is awarded, no substitutions will be considered. It will be Bidder/Contractor's
responsibility to assure the availability of specified product or substitution before bid date.
4. Bidder shall provide the same guarantee for substitution as for product or method specified.
5. Bidder shall coordinate installation of accepted substitution into work, making such changes as
may be required for work to be complete in all aspects.
6. Bidder shall waive all claims for additional costs related to substitution that consequently becomes
apparent.
7. Bidder shall be prepared to send Owner a price breakdown of any and/or all items on which he has
bid. Price breakdowns will only be requested after the bid opening has taken place.
B. Substitutions will not be considered if:
1. They are indicated or implied on shop drawings or project data submittals without being formally
described in detail as to their differences from what was originally specified.
2. Acceptance will require substantial revision of the original layout of the project.
3. Substitutions are for play equipment which will require an expansion of the equipment fall zone
which in turn results which in turn results in an increase cost of other contracts.
4. The design theme in the original drawing is modified or abandoned.
End of Section
P"
SECTION 03 EARTHWORK AND GRADING
I. General
A. Scope of Project:
1. The Contractor shall furnish all topsoil, labor, material, tools, equipment, supervision, and
incidentals necessary for a proper and complete installation required to complete the work
described herein in strict accordance with the drawings and/or terms of the contract.
B. Related Work Specified Elsewhere:
1. Section 01 - Summary of Work
2. Section 02 - Product Substitution
3. Section 04 — Concrete Work
4. Section 05 — Play Equipment
5. Section 06 — Monolithic Safety Surface
II. Products
A. Material -Site Fill:
1. Fill material shall be free from trash, lumber, debris, roots over one (1") inch in diameter, matted
roots, rocks over one and one half (1-'/z") inches in diameter, highly plastic soils or other
deleterious materials.
B. Material - Top Soil:
1. Fill material, if necessary, shall be provided by Contractor.
2. Natural, fertile, friable soils possessing characteristics of soils in the vicinity that produce heavy
growth of crops, grass, or other vegetation.
3. Topsoil shall be free of subsoil, brush, organic litter, objectionable weeds, clods, shale, stones
three fourth (1/4") inch dimension or larger, stumps, roots, or other materials harmful to grading,
planting, plant growth, or maintenance operations.
III. Execution
A. Protection:
1.
Carefully maintain bench marks, layout stakes, sidewalks, and other reference points established by
.,.
other contractors.
2.
Protect property, including adjoining property and public right -of- way, from damage by trucks
and equipment.
3.
Protect active utilities to be retained on site, whether shown on drawing or uncovered during
excavation operations. If damaged, repair at Contractor's expense.
4.
Existing trees, roots, and plant material shall be protected from damage by trucks and equipment.
5.
Keep excavations free of water.
B. Site Preparation:
1.
Strip existing topsoil from areas affected. Stockpile on site for re -use.
2.
Contractor shall be responsible for removing unusable material from site.
3.
All unstable or otherwise objectionable material shall be removed from the subgrade and replaced
with approved material.
4.
Burning and blasting on site shall not be permitted.
... C. Evacuation:
1.
In general, Contractor shall endeavor to balance cut and fill on sites.
2.
Excavate to bring areas to grade and subgrades as required. Scarify excavated areas occurring
�^
under concrete or play surface material to a depth of six (6") inches, then compact to required
density.
3. Stockpile all excavated material on site; exact location to be approved by Owner.
4. Contractor to separate top soil and subsoil into two (2) piles.
5. Remove underground obstructions, where rock is encountered at subgrade, under cut minimum of
fifteen (15") inches below and backfill with approved fill.
D. Fill and Backfrll:
1. In general, Contractor shall endeavor to balance cut and fill.
2. Placing: Place material in loose, even successive lifts not to exceed the following depths: (if
applicable).
a) Fill below concrete slabs: Maximum of eight (8") inch high lifts to overall
compacted depth.
3. Compaction: Thoroughly and evenly compacts each lift to the following densities:
a) Fill below concrete slabs and play surface material: Not less than ninety-five
(95%) percent standard density to at least four (4) feet outside of slab.
b) Site fill: Not less than ninety (90%) percent standard density.
4. Moisture Control: When moisture must be added before compaction, uniformly apply water to
surface, but do not flood. Free water shall not appear on surface during or after compaction
operations. Remove and replace, or scarify air-dry soil too wet to allow proper compaction.
E. Grading:
1. Uniformly grade areas, including adjacent transition areas to smooth surface at required grades and
elevations. Adjust contours to eliminate water pending, and provide positive drainage.
2. Finish Grades Adjacent to Pavement: Cut or fill so that soil areas adjacent to concrete are below
new or existing concrete as shown on plans. Slope soil smoothly back to adjacent grade as shown
on plans.
F. Finish Grading:
1. Fine grade areas to achieve final contours acceptable to Owner.
2. Provide uniform rounding at top and bottom of slopes and other breaks in grade as indicated on
plans. Correct irregularities and areas where water will stand.
3. Topsoil:
a) Uniformly distribute topsoil to required grades; feather back to where grades
remain unchanged.
b) Place and compact topsoil in manner conducive to the growth and
maintenance of plant material.
c) Degree of finish shall be that ordinarily obtainable with blade or scraper
operations. Remove rubbish, vegetation, and rocks over three fourth (1/4")
inch diameter. Leave areas smooth and suitable for establishment of lawns
and planting. Correct irregularities and areas where water will stand.
G. Maintenance:
1. Before final acceptance, protect newly graded areas from traffic, construction, weather damage,
washing, erosion, and rutting, and repair such damage that occurs.
2. Correct settlement below established grades to prevent ponding of water
3. All excess material and waste to be removed from site, and work to be left in clean, finished
conditions.
H. Final Acceptance:
1. Site shall be thoroughly inspected by Owner before final acceptance.
2. Any areas needing further grading or other attention shall be completed to Owner's satisfaction.
i
IV. Specifications for Subsoil Preparation (Where Topsoil shall be added. This specification applies where additional
topsoil shall be placed over existing soil.)
A. General:
1. The Contractor shall furnish all topsoil, labor, material, tools, equipment, supervision, and
incidentals necessary for a proper and complete installation required to complete the work
described herein in strict accordance with the drawings and/or terms of the contract.
B. Grading:
1. Grades on the areas to be covered with topsoil which have been previously established in
conformance with the drawings and/or other applicable specifications shall be maintained in a true
and even grade.
,.., C. Tilling:
1. After the areas that are covered with topsoil have been brought to grade, compacted where
necessary and immediately prior to dumping and spreading the topsoil, the subgrade shall be
loosened by disking or by scarifying to a depth of at least two inches to permit bonding of the
topsoil to the subsoil.
D. Acceptance:
1. Acceptance shall be given by the Owner upon satisfactory completion of each section or area as
indicated on the drawings or as otherwise specified.
V. Specifications for Topsoil Material and Application
A. General:
1. The Contractor shall furnish all topsoil, labor, material, tools, equipment, supervision, and
incidentals necessary for a proper and complete installation required to complete the work
described herein in strict accordance with the drawings and/or terms of the contract.
B. Materials:
Topsoil shall be a loamy sand, sandy loam, clay loam, loam, silt loam, sandy clay loam or other
soil approved by the architect. Topsoil shall contain no slag, cinders, stones, and lumps of soil,
sticks, roots, trash, or other extraneous materials larger than'/4 inches in diameter. Topsoil shall be
free of viable plants or plant parts of common Bermuda- grass, quackgrass, johnsongrass,
nutsedge, poison ivy, Canada thistle, or others as specified. All topsoil shall be tested by a
reputable laboratory of pH and soluble salts. If not, the Contractor shall assume full responsibility
for any loss or damage to trees or turf grass arising from pH and / or soluble salt problems
C. Grading:
1. The topsoil shall be uniformly distributed on the designated area. Additionally, some
,. incorporation with subgrade is necessary to form a transition zone between the surface material
and the subgrade. Grading shall result in a smooth surface. The surface shall be rolled to remove
air pockets and provide a firm base for the sod. Any irregularities in the surface, which are
covered with topsoil or other operations, shall be corrected in order to prevent the formation of
depressions or water pockets. Topsoil shall not be placed while in a frozen or muddy condition,
when the subgrade is excessively wet, or in a condition that may otherwise be detrimental to proper
grading, or proposed for turf grass sod installation.
D. Clean Up:
1. After the topsoil has been spread and the final grades approved, it shall be cleared of all grade
stakes, surface trash and other objects. Paved areas over which hauling operations are conducted
shall be kept clean, and any topsoil, which may be present on the site, shall be promptly removed.
The wheels of all vehicles shall be kept clean to avoid tracking soil on the surfacing of roads,
walks, or other paved areas.
VI. Final Soil Preparation
(Specifications given in this section apply both to areas where topsoil has been added and to areas
where soil from the existing site is used.)
A. General:
1. The Contractor shall furnish all topsoil, labor, material, tools, equipment, supervision, and
incidentals necessary for a proper and complete installation required to complete the work
described herein in strict accordance with the drawings and/or terms of the contract.
B. Materials:
1. Final Grading: Any undulations or irregularities in the surface resulting from tilling or other causes
shall be smoothed otherwise, shall be reconstructed and all grades re-established by the Contractor
in accordance with the drawings and/or other applicable specifications.
C. Clean Up:
1. The surface shall be cleared, to a depth of four (4") inches, of all trash, debris, stones larger than
three fourth (3/4") inch in diameter, and of all roots, brush, wire, grade stakes and other objects.
D. Acceptance:
1. Acceptance shall be given by the Owner upon satisfactory completion of each area as indicated on
the drawings or as otherwise specified.
End of Section
SECTION 04 CONCRETE WORK
I. General
A. Work Included:
1. Section 01 - Summary of Work
2. Section 02 - Product Substitution
3. Section 03 - Earthwork and Grading
4. Section 05 — Play Equipment
5. Section 08 - Park Equipment
B. Subgrade Preparation
1. Subgrade preparation to include removal, hauling, and disposal of all excavation of sub -soil,
concrete, construction debris, unusable material, and any other obstructions shown on plans or as
designated by Owner.
C. Site Preparation
1. Contractor is responsible for layout of work based on plan dimensions, excavation, grading,
leveling, and compaction of subgrade and fill material.
2. Owner will approve initial elevation of slabs for structures and Contractor shall be responsible for
all sidewalk grades.
3. Contractor shall verify work to Owner after subgrade preparation is completed before actual
construction.
D. Contractor shall stake location of proposed concrete border walk and contact Owner for verification
or approval twenty-four (24) hours before placement of concrete. This is to ensure that concrete is
properly spaced from play equipment and to Owner's satisfaction so that minimum requirements for
"safety zones" are met.
E. Codes and Standards:
1. Comply with the provisions of the following codes, specifications and standards, except where
requirements that are more stringent are shown or specified.
2. ACI 347 "Recommended Practice for Concrete Form Work" ACI 304 Recommended Practice for
Measuring, Mixing, Transporting and Placing Concrete." Concrete Reinforcing Steel Institute,
"Manual of Standard Practice."
3. All handicap accessibility and ramps shall comply with current ADA and Texas Accessibility
Standards (TAS) guidelines and recommendations.
F. Workmanship:
1. The Contractor is responsible for correction of concrete work, which does not conform to the
specified requirements, including strength, tolerances and finishes. Correct deficient concrete as
directed by the Owner.
2. Contractor to have a minimum of three (3) years experience in forming and pouring concrete of a
similar nature and scope.
3. Concrete shall meet minimum strength specified on details.
4. Contractor shall, at Owner's request, submit proof or test data of concrete to be used. Contractor
shall be responsible for type of concrete delivered by ready mix plant.
ii
II. Products
A. Form Material:
1. Forms for Concrete: Unless otherwise shown or specified, construct all form work for concrete
surfaces with plywood, metal, metal -framed, plywood -faced, or other acceptable panel -type
materials, to provide continuous, straight, smooth, surfaces. Finish in largest practicable sizes to
minimize number of joints, and to conform to joint system shown on drawings. Provide form
material with sufficient thickness to withstand pressure of newly -placed concrete without bow or
deflection. Forms used for this class of concrete shall be new or "good -as -new."
2. Use Plywood complying with U.S. Product Standard PS-1 "b-B (Concrete Form) Plywood" Class
1, Exterior Grade or better, concrete -oiled and edge -sealed, with each piece bearing legible
trademark of an approved inspection agency, unless otherwise acceptable to Owner.
B. Reinforcing Materials:
1. Welded Wire Fabric: ANSI/ASTM A 615, with Supplementary Requirements (sl), and as follows:
a) Provide Grade 60, except No. 3 ties and stirrups may be Grade 40.
2. Welded Wire Fabric: ANSI/ASTM A 185, welded steel wire fabric.
3. Supports for Reinforcement: Provide supports for reinforcement including bolsters, chairs, spacers
and other devices for spacing, supporting and fastening reinforcing bars and welded wore fabric in
place. Use wire bar type supports complying with CRSI, unless otherwise specified. Wood, brick
and other devices will not be acceptable.
a) For slabs -on -grade, use supports with sand plates for horizontal runners where
wetted base materials will not support chair legs.
b) For exposed -to -view concrete surfaces, where legs of supports are in contact
with forms, provide supports with legs which are hot / dip galvanized, or
plastic protected or stainless steel protected.
C. Concrete Materials:
1. Portland Cement: ANSI/ASTM C 150, Type 1, II, or type III with fibermesh, unless otherwise
acceptable to Owner.
2. Use only one brand of cement throughout the project, unless otherwise acceptable to Owner.
3. Aggregates:
a) Clean, sharp, natural sand free from loam, clay, lumps, or other deleterious
substances.
(1) Dune sand, bank -run sand, and manufactured sand are not
acceptable.
b) Coarse Aggregate: ANSI/ASTM C3 clean, uncoated processed aggregate
containing no clay, mud, loam, or foreign matter as follows:
(1) Crushed stone processed form natural rock or stone.
(2) Washed gravel, either natural or crushed. Use of pit or bank -
run gravel is not permitted.
(3) Provide aggregate from a single source for all exposed
concrete.
c) Maximum Aggregate Size: Not larger than one -fifth of the narrowest
dimension between sides of forms, one-third of the depth of slabs, nor three -
fourths of the minimum clear spacing between individual reinforcing bars or
bundles of bars.
d) These limitations may be waived, if in the judgment of the Owner, workability
and methods of consolidation are such that concrete can be placed without
honeycomb or voids.
Lio
D. Water: Clean, fresh, and drinkable.
E. Air -Entraining Admixture: ANSI/ASTM C 260.
' F. Water -Reducing Admixture: ANSI/ASTM C 490, Type A, containing not more than 1% chloride ions.
G. Set -Control Admixtures: ASST. C 494, as follows:
Type B, Retarding
Type C, Accelerating
Type D, Water -reducing and retarding
Type E, Water -reducing and accelerating
1. Calcium chloride will not be permitted in concrete, unless otherwise authorized in writing by
Owner.
H. Related Materials:
1. Preformed Expansion Joint Fillers: Pre -molded fiber -fill expansion joint filler one half ('/z") inch
wide shall extend the full depth of the concrete as specified in detail. The top of the filler shall
have a one eighth (1/8") inch radius; the top one half (%") inch of the joint shall be filled with
Urethane Sealant colored to match surrounding finish color. Joints of twelve (12') feet or less
shall be one continuous piece installed.
2. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing approximately nine (9) ounces
per square yard, comply with AASHOM 182, class
3. Moisture -Retaining Cover: One of the following, complying with ASTM C 17
.A Waterproof paper
Polyethylene film
Polyethylene -coated burlap
�. I. Proportioning and Design of Mixers:
1. Exterior concrete shall contain five (5) sacks (564 lb.) of cement per cubic yard of concrete, six
percent (6%) plus or minus one percent (1%) of entrained air, coarse aggregate one (1") inch or
smaller and shall be poured with a slump of four (4") inches plus or minus one (1 ") inch as stated
at bottom of this page.
J. Admixtures:
- 1. Use air -entraining admixture in exterior exposed concrete, unless otherwise indicated. Add air -
entraining admixture at the manufacture's prescribed rate to result in concrete at the point of
placement having air content within the following limits:
.,� a) Concrete structures and slabs exposed to freezing and thawing or subjected to
hydraulic pressure:
b) Six percent (6%) for maximum one (1") inch aggregate.
�., Six percent (6%) for maximum three fourth (1/4") inch aggregate.
2. Use admixtures for water -reducing and set -control in strict compliance with the manufacturer's
directions.
3. Use amounts of admixtures as recommended by the manufacturer for climactic conditions
prevailing at the time of placing. Adjust quantities and types of admixtures as required
maintaining quality control.
.,.e K. Slump Limits:
1. Proportion and design mixes to result in concrete slump at the point of placement as follows:
a) Ramps and Sloping Surfaces: Not more than three (3") inches.
' b) All Other Concrete: Not less than one (1 ") inch and not more than four (4")
inches.
r,
L. Concrete Mixing:
1. Ready -Mix Concrete: Comply with the requirements of ANSI/ASST. C 94, and as herein
specified.
2. Delete the references for allowing additional water to be added to the batch for material with
insufficient slump. Addition of water to the batch will not be permitted.
3. During hot weather, or under conditions contributing to rapid setting of concrete, a shorter mixing
time than specified in ANSI/ASTM C 94 may be required.
4. When the air temperature is between 850F and 90°F, reduce the mixing and delivery time from 1-l2
hours (90 minutes) to 1-'/4 hours (75 minutes), and when the air temperature is above 907, reduce
the mixing and delivery time to 1 hour (60 minutes).
I1I. Execution
A. Forms:
1. General
a) Plan the layout of form work to allow for access to the inside of the
playground for the concrete truck to reduce the impact on the site. The section
will be formed and poured when the rest of the pour is finished.
b) Design, erect, support, brace, and maintain form work to support vertical and
lateral loads that might be applied until such loads can be supported by the
concrete structure. Construct form work so concrete members and structures
are of correct size, shape, alignment, elevation and position.
c) Design form work to be readily removable without impact, shock, or damage
to cast -in -place concrete surface and adjacent materials.
d) Forms shall not leak cement paste.
e) Fabricate forms for easy removal without hammering or prying against the
concrete surfaces. Provide crush plates or wrecking plates where stripping
may damage cast concrete surfaces. Provide top forms for inclined surfaces
where slope is too steep to place concrete with bottom forms only. Keep
wood inserts for forming key ways, reglets, recesses, and the like, to prevent
swelling and for easy removal.
f) Provide temporary openings where interior area of form work is inaccessible
for clean -out, for inspection before concrete placement, and for placement of
concrete. Securely brace temporary openings and set tightly to form to
prevent loss of concrete mortar. Locate temporary openings on forms at
inconspicuous location.
g) Tool chamfer exposed corners and edges as shown in detail to produce
uniform smooth lines and tight edge joints.
2. Form Ties:
a) Factory -fabricated, adjustable -length, removable, or snap off metal form ties,
designed to prevent form deflection, and to prevent spalling concrete surfaces
upon removal.
b) Unless otherwise shown, provide ties to portion remaining within concrete
after removal is at least one and one half (1-1/2") inches inside concrete.
Unless otherwise shown, provide form ties, which will not leave holes larger
than one (1") inch diameter in concrete surface.
Cleaning and Tightening:
a) Thoroughly clean forms and adjacent surfaces to receive concrete. Remove
chips, wood, sawdust, dirt, or other debris just before concrete is placed.
b) Re -tighten forms after concrete placement if required to eliminate mortar
leaks.
V"
B. Joints: General
1. Construction Joints: Locate and install construction joints so as not to impair the strength and
appearance of the structure, as acceptable to the Owner.
a) Provide key ways at least one and one half (1-%") inches deep in all
construction joints in walls, slabs and between walls and footings; acceptable
bulkheads designed for this purpose may be used for slabs.
b) Place construction joints perpendicular to the main reinforcement. Continue
all reinforcement across construction joints.
2. Control Joints: Placement of control joints shall correspond to plans. Control joints shall be
placed every four to eight feet in most cases but shall never be more than twenty feet apart in any
direction. When possible, jointed panels shall be approximately square in shape. Control joints
shall be continuous, not staggered or offset. Control joints shall be one half (%2") inch wide and
three fourth (Y4") inch deep, tooled or sawn in place. Tooled control joints shall have a one eighth
(1/8") inch radius.
3. Isolation Joints in Slabs -on -Ground: Construct isolation joints in slabs on ground at all points of
contact between slabs on ground and vertical surfaces, such as column pedestals, foundation walls,
grade beams and elsewhere as indicated.
4. Expansion Joints: Provide Pre -molded joint filler or other specified material for expansion joints
abutting concrete curbs, catch basins, manholes, inlets, structures, walks, and other fixed objects.
a) Extend joint fillers full -width and depth of joint, and not less than one half
(%2") inch or more than one (1") inch below finished surface. Furnish joint
filler in one-piece lengths for the full width being place, wherever possible.
Where more than one length is required, place or clip joint filler section
together. Form top edge of filler to conform to top profile of concrete.
b) Protect the top edge of the joint filler during concrete placement with a metal
cap or other temporary materials. Remove protection after both sides of joint
are placed.
c) Expansion joints shall be located at the intersections of all concrete elements
and at maximum of thirty (30') feet in sidewalks or every fifteen (15') feet to
twenty (20') feet each way in larger areas. Expansion joints shall be one half
(%2") inch wide and contain a one half (%2") inch premolded fiberfill expansion
joint filler. The top of the joint shall have a one eighth (1/8") inch radius; the
top one half ('/2") inch of the joint shall be filled with a gray colored urethane
sealant.
5. Edge Forms and Screed Strips for Slabs: Set edge forms for bulkheads and intermediate screed
strips for slabs to obtain the required elevations and contours in the finished slab surface. Provide
and secure units sufficiently strong to support the types of screeds required. Align the concrete
surface to the elevation of the screed strips by the use of strike -off templates or accepted
compacting type screeds.
6. Preparation of Form Surfaces: Coat the contact surfaces of forms with a form -coating compound
before reinforcement is placed. Provide commercial formulation form -coating compounds that
will not bond with, stain nor adversely affect concrete surfaces, and will not impair subsequent
treatment of concrete surfaces requiring bond or adhesion, nor impede wetting of surfaces to be
cured with water or curing compounds.
Thin form -coating compounds only with thinning agent of type, and in amount, and under
conditions of the form -coating compound manufacturer's directions. Do not allow excess form -
coating material to accumulate in the forms or to come into contact with concrete surfaces against
which fresh concrete will be placed. Apply in compliance with manufacturer's instructions.
C. Concrete Placement:
1. General:
a) Comply with ACI 614, and as herein specified.
b) Deposit concrete continuously or in layers of such thickness, that no concrete
will be placed on concrete, which has hardened sufficiently to cause the
formation of seams or planes of weakness within the section. If a section
cannot be placed continuously, provide construction joints as herein specified.
c) Deposit concrete as nearly as practicable to its final location to avoid
segregation due to re -handling or flowing.
d) Contractor shall not place any concrete when the air temperature is 40°F and
falling. 40°F and rising is acceptable.
2. Pre -Placement Inspection:
a) Before placing concrete, inspect and complete the form work installation,
reinforcing steel, and items to be embedded or cast -in.
b) Thoroughly wet wood forms immediately before placing concrete, as required
where form coatings are not used.
3. Placing Concrete in Forms:
a) Deposit concrete in forms in horizontal layers not deeper than 18" and in a
manner to avoid inclined construction joints.
b) Consolidate placed concrete by mechanical vibrating equipment supplemented
by hand spading, rodding, or tamping. Use vibrators designed to operate with
vibratory element submerged in concrete, maintaining a speed of not less than
6,000 impulses per minute.
c) Do not use vibrators to transport concrete inside of forms. Insert and
withdraw vibrators vertically at uniformly spaced locations not farther than the
visible effectiveness of the machine. Do not insert vibrators into lower layers
of concrete that have begun to set. At each insertion, limit the duration of
vibration to the time necessary to consolidate the concrete and complete
embodiment of reinforcement and other embedded items without causing
segregation of the mix.
4. Placing Concrete Slabs:
a) Deposit and consolidate concrete slabs in a continuous operation, within the
limits of construction joints, until the placing of a panel or section is
completed.
b) Consolidate concrete during placing operations so that concrete is thoroughly
worked around reinforcement and other embedded items and into corners.
c) Bring slab surfaces to the correct level with a straightedge and strike off. Use
bull floats or Darbies to smooth the surface, leaving it free of humps or
hollows. Do not sprinkle water on the plastic surface. Do not disturb the slab
surfaces before beginning finishing operations.
d) Maintain reinforcing in the proper position during concrete placement
operations.
D. Finish of Formed Surfaces:
1. Finishing Procedures:
a) After striking -off and consolidating concrete, smooth the surface by screeding
and floating. Do not use "Jitterbugs", except on accessible ramp surface. Use
hand methods only where mechanical floating is not possible. Adjust the
floating to compact the surface and produce a uniform mixture.
b) After floating, test surface for trueness with a eight (8') foot straight edge.
Distribute concrete as required to remove surface irregularities, and re -float
repaired areas to provide a continuous, smoother finish.
c) Work edges of slabs, gutters, back top edge of curb, and formed joints with an
edging tool, and round to one half ('/z") inch radius, unless otherwise shown.
Eliminate any tool marks on concrete surface.
d) After the completion of floating and all excess moisture or surface sheen has
disappeared completely, perform surface finishing as follows:
2. Broom Finish:
a) Broom finish, by lightly drawing a fine broom across concrete surface. Repeat
operation if required to provide a fine line texture acceptable to the Owner.
b) On inclining slab surfaces, provide a coarse, non -slip finish by scoring surface
�* with a stiff -bristled broom.
E. Concrete Curing and Protection:
1. General: Contractor shall be responsible for the protection of uncured concrete. Contractor shall
allow no stray marking or footprints to be placed in the uncured concrete. Protect freshly
placed concrete from premature drying and excessive cold or hot temperature, and maintain
without drying at a relatively constant temperature for a period of time necessary for hydration of
cement and proper hardening.
a) Start initial curing application as soon as free water has disappeared from
concrete surface after placing and finishing. Weather permitting, keep
continuously moist for not less than seventy-two (72) hours.
b) Begin final curing procedures immediately following initial curing and before
concrete has dried. Continue final curing for at least one hundred sixth -eight
(168) cumulative hours (not necessarily consecutive) during which concrete
has been exposed to air temperatures above 50T. Avoid rapid drying at end
of final curing period.
2. Curing Methods: Perform curing of concrete by moist curing or by moisture retaining cover curing
or by combinations thereof, as herein specified.
a) Provide moisture curing by following methods:
b) Keep concrete surface continuously wet by covering with water.
Continuously water -fog spray.
c) Covering concrete surface with specified absorptive cover, thoroughly
saturating cover with water and keeping continuously wet. Place
absorptive cover to provide coverage of concrete surfaces and edges,
with 4" lap over adjacent absorptive covers.
d) Provide moisture -cover curing as follows: Covering concrete surfaces
with moisture -retaining cover for curing concrete, placed in widest
practicable width with sides and ends lapped at least three (3") and
sealed by water proof tape or adhesive. Immediately repair any holes or
tears during curing period using cover materials and waterproof tape.
3. Curing Formed Surfaces: Cure formed concrete surfaces, including undersides of beams,
supported slabs and other similar surfaces, by moist curing with forms in place for full curing
period, or until forms are removed. If forms are removed, continue curing by methods specified
above, as applicable.
4. Curing Unformed Surfaces: Initially cure unformed surfaces, such as slabs, floor topping, and
other flat surfaces by moist curing.
a) Final cure unformed surfaces, unless otherwise specified, by methods specified
above, as applicable.
b) Final cure concrete surfaces to receive liquid floor hardener or finish flooring
by use of moisture -retaining cover, unless otherwise directed
F. Miscellaneous Concrete Items:
1. Filling -In: Fill- in holes and openings left in concrete structures for passage of work by other
trades, unless otherwise shown or directed, after work of other trades is in place. Mix, place, and
gii
cure concrete as herein specified, to blend with in -place construction. Provide other miscellaneous
concrete filling shown or required to complete work.
2. Curbs: Provide monolithic finish to interior curbs by stripping forms while concrete is still green
and steel -troweling surfaces to a hard, dense finish with corners, intersections, and termination's
slightly rounded.
3. Sleeves: Provide sleeves where need for poles within concrete pad for underground service
elements as shown on plan. Sleeves shall be four (4") inch PVC Schedule 40 pipe or as specified
on plans, and have four (4") inch of cover minimum. These sleeves shall be made aware to Owner
upon completion.
G. Concrete Surface Repairs:
1. Patching Defective Areas: Repair and patch defective areas with cement mortar immediately after
removal of forms, but only when acceptable to Owner.
2. Cut out honeycomb, rock pockets, voids over one fourth ('/4") inch in any dimension, and holes left
by tie rods and bolts, down to solid concrete but, in no case to a depth of less than one (I") inch.
Make edges of cuts perpendicular to the concrete surface. Before placing cement mortar or
proprietary patching compound, thoroughly clean, dampen with water and brush -coat the area to
be patched with neat cement grout, or proprietary bonding agent.
3. For exposed -to -view surfaces, blend white Portland cement and standard Portland cement so that,
when dry, patching mortar will match color surrounding. Provide test areas at inconspicuous
location to verify mixture and color match before proceeding with patching. Compact mortar in
place and strike -off slightly higher than surrounding surface.
4. Repair of Formed Surfaces: Remove and replace concrete having defective surfaces if defects
cannot be repaired to satisfaction of Owner. Surface defects, as such, include color and texture
irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, fins and other projections on
surface, and stains and other discoloration's that cannot be removed by cleaning. Flush out form
ties holes, fill with dry pack mortar, or precast cement cone plugs secured in place with bonding
agent.
5. Repair finished unformed surfaces that contain defects with adversely affect durability of concrete.
Surface defects, as such, include crazing, cracks in excess of 0.01" wide or which penetrate to
reinforcement or completely through non -reinforced sections regardless of width, spalling, pop -
outs, honeycomb, rock pockets, and other objectionable conditions.
6. Correct high areas in unformed surfaces by grinding, after concrete has cured at least 14 days.
7. Correct low areas in unformed surfaces during, or immediately after completion of surface
finishing operations by cutting out low areas and replacing with fresh concrete. Finish repaired
areas to blend into adjacent concrete. Proprietary patching compounds may be used when
acceptable to Owners.
8. Repair defective areas, except random cracks and single holes not exceeding one (1") inch
diameter, by cutting out and replacing with fresh concrete. Remove defective areas to sound
concrete with clean, square cuts and expose reinforcing steel with at least three fourths (1/4") inch
clearance all around. Dampen concrete surfaces in contact with patching concrete, and brush with
a neat cement grout coating or concrete bonding agent. Mix patching concrete of same materials
to provide concrete of the same type or class as original concrete. Place, compact, and finish to
blend with adjacent finished concrete. Cure in the same manner as adjacent concrete.
n
9.
Repair isolated random cracks and single holes not over 1" in diameter by dry -pack method.
Groove top of cracks and cut-out holes to sound concrete and clean of dust, dirt, and loose
,.,
particles. Dampen cleaned concrete surfaces and brush with neat cement grout coating or concrete
bonding agent. Mix dry -pack, consisting of one part Portland cement to two and one half (2-%)
parts fine aggregate passing a No. 16 mesh sieve, using only enough water as required for handling
and placing. Compact dry -pack mixture in place and finish to match adjacent concrete. Keep
patched area continuously moist for not less than 72 hours.
a) Use epoxy -based mortar for structural repairs, where directed by Owner.
b) Repair methods not specified above may be used, subject to acceptance of
Owner.
H. Quality
Control Testing During Construction:
1.
Sampling and testing for quality control during the placement of concrete may include the
...
following, as directed by the Owner:
2.
Sampling Fresh Concrete: ASTM C 172, except modified for slump to comply with ASTM C 94.
3.
Slump: ASTM C 143; one test for concrete load at point of discharge; and one test for each set of
compressive strength test specimens.
4.
Air Content: ASTM C 173, volumetric method for lightweight concrete; ASTM C 231 pressure
for normal weight concrete; 1 for each set of compressive strength test specimens.
5.
Concrete Temperature: Test hourly when air temperature is 40°F and below, and when 80°F and
above; and each time a set of compression test specimens is made.
6.
Compression Test Specimen: ASST. C 31; one set of six (6) standard cylinders for each
compressive strength test, unless otherwise directed. Mold, label, and store cylinders (do not leave
on site) for laboratory cured test specimens except when field -cure test specimens are required.
,.., 7.
Compressive Strength Tests: ASST. C 39; one set for each one hundred (100) cubic yards or
fraction thereof, of each concrete class placed in any one day or for each five thousand (5,000)
square feet of surface area place; two (2) specimens tested at seven (7) days, three (3) specimens
tested at twenty-eight (28) days, and one (1) specimen retained in reserve for later testing if
required. Testing will be done by the Contractor with on expense to the Owner.
a) When the frequency of testing will provide less than five (5) strength test for a
given class of concrete, conduct testing from at least five (5) randomly
m-.
selected batches, or from each batch if fewer than five (5) are used.
b) When the total quantity of a given class of concrete is less than fifty (50) cubic
yards, the strength test may be waived by the Owner if , in his judgment,
adequate evidence of satisfactory strength is provided.
c) When the strength of field -cured cylinders is less than eight -five percent
(85%) of companion laboratory -cured cylinders, evaluate current operations
and provide corrective procedures for protecting and curing the in -place
concrete.
End of Section
r*+
0
SECTION 05: PLAY EQUIPMENT
PARTI:GENERAL
1.1 SCOPE OF WORK
This item includes furnishing all labor and materials necessary for the complete installation of the play
equipment as shown on the drawings and in the documents.
1.2 DESCRIPTION OF SYSTEM
This project includes the Base Bid which specifies equipment manufactured by Landscape Structures, Inc., Ph.
763-972-3391. Alternate equipment submittals shall be listed as "Bid Alternate 1". The Contractor chosen for
this project shall be responsible for all labor, materials, tools, equipment, and any applicable taxes to perform all
work and services for the installation of the equipment.
1.3 QUALITY ASSURANCE
Pre -Qualifications
Contractors wishing to place a bid for Bid Alternate 1 shall be required to provide complete submittals to the
Landscape Architect's office and to the Owner prior to bid opening date. Submittals of such material shall
consist of the Manufacturer's published warranty on each element of the equipment, the fall zone shown (to
scale) of each proposed play structure, physical samples of the proposed equipment, a design theme equal to that
shown in the Base Bid, and a minimum of five (5) locations in which the submitted equipment has been installed
for at least five (5) years that are within a 250 mile radius of Lubbock, Texas, including contact names and
numbers.
PART 2: PRODUCTS
2.1 MATERIALS
All materials shall be structurally sound and suitable for safe play. Durability shall be ensured on all steel parts
by the use of time -tested coatings such as zinc plating, zinc -nickel plating, powdercoating, TenderTuff-coating,
etc. Colors shall be specified.
1. Fasteners:
a. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel
(SST) per ASTM F 879 unless otherwise indicated (see specific product
installation/specifications). All primary fasteners shall include a locking patch type
material that will meet the minimum torque requirements of IFI-125. Manufacturer to
provide special tools for pinned hex fasteners.
2. TenderTuff-Coating:
a. All metal components to be TenderTuff-coated shall be thoroughly cleaned in a hot
phosphatizing pressure washer, then primed with a clear acrylic thermosetting
solution. Primed parts shall be preheated prior to dipping in U.V. stabilized, liquid
poly vinyl chloride, then salt cured at approximately 400 degrees. The finished
coating shall be approximately .080" +/- .020" thick at an 85 durometer hardness and
have a matte finish. Four standard colors are available.
3. Polyester Powdercoating:
a. All metal components to be powdercoated shall be free of excess weld and spatter.
Parts shall be thoroughly cleaned in a 6-Stage Pretreatment system with a hot
phosphatizing bath and a non -chrome seal for corrosion resistance, then thoroughly
dried. Powdercoating shall be electrostatically applied and oven cured at 350
ram+
degrees. Average thickness:.004". Super Durable TGIC polyester powder shall be
specially formulated for optimum U.V. stability and glossiness and shall meet or
exceed ASTM Standards for:
Adhesion (D-3359B)
Hardness (D-3363)
Impact (D-2794)
Salt Spray resistance (B-117)
Paint Line shall employ a "checkered" adhesion test daily.
4. Decks:
a. All Tenderdecks shall be of modular design and have 5/ 16" diameter holes on the
+�* standing surface. There shall be (4) slots in each face to accommodate face mounting
of components. Tenderdecks shall be manufactured from a single piece of low carbon
12 GA (.105") sheet steel conforming to ASTM specification A-569. The sheet shall
be perforated then flanged formed and reinforced as necessary to ensure structural
integrity. The unit shall then be TenderTuff-coated brown only. Tenderdecks shall be
designed so that all sides are flush with the outside edge of the supporting posts.
5. Rotationally Molded Poly Parts:
a. These parts shall be molded using prime compounded linear low -density
polyethylene with a tensile strength of 2500 psi per ASTM D638 and with color and
UV -stabilizing additives. Wall thickness varies by product from .187" (3/16") to
.312" (5/16").
6. Permalene Parts:
a. These parts shall be manufactured from 3/4" thick high -density polyethylene that has
been specially formulated for optimum U.V. stability and color retention. Products
shall meet or exceed density of .933 G/cc per ASTM D 1505, tensile strength of 2400
�* PSI per ASTM D638.
7. Footings:
a. Unless otherwise specified, the bury on all footings shall be 34" below Finished
Grade (FG) on all in -ground play events/posts.
8. Cool Mister Shade:
a. High -density polyethylene with ultra violet additives. All corners to be strengthened
with 16 oz. non -tear vinyl material. Protective webbing is sewn into all areas where
steel cable enters/exits cloth pockets. Live loads 20.00 psf. Wind design speed
withstands up to 80 mph. Uplift 18.75 psf. Snow loads 5.00 psf. Tear strength warp
220.46 lb. and weft 462.97 lb.. Burst strength 37.70 PSIA.
9. Roof Sleeve:
a. Cast from 319 almag.
10. Disc:
a. Made from V thick x 10" diameter white high-densityU.V. stabilized polyethylene.
11. Extension Arms:
a. Weldment comprised of 2.375" O.D. RS-20 (.095" - .105") galvanized steel tubing
and 5/16" HRPO gusset. Finish: Powdercoat, color specified.
12. Corner Plate:
a. Solid color permalene, tan in color.
0
13. Cool Mister Post:
a. Weldment comprised of 5" O.D. x 11 GA (.120") stainless steel tubing, 16 GA
(.060") stainless steel junction box, and 1/8" (.125") 304 stainless steel junction box
cover. Finish: Powdercoat, color specified.
14. Hose Assembly:
a. Spray nozzle made from 304L stainless steel. Actuator valve made from stainless
steel and brass. Hose made from synthetic rubber tube with brass fittings, working
pressure rating of 200 maximum psi. Under normal operating conditions pressure
should not exceed 60 psi. Spray nozzle sprays 6.9 gallons of water per hour at 30 psi
and 9.8 gallons at 60 psi.
15. Fasteners:
a. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel
(SST) per ASTM F 879 unless otherwise indicated (see specific product
installation/specifications).
PART 3: WARRANTY
3.1 100-Year Limited Warranty for all aluminum posts, clamps, beams and caps, against structural failure due to
corrosion/natural deterioration or manufacturing defects.
3.2 15-Year Limited Warranty for all plastic and steel components against structural failure due to corrosion/natural
deterioration or manufacturing defects
3.3 TenderTuffR-coating against structural failure due to natural deterioration or manufacturing defects. This
warranty does not include any cosmetic issues or wear and tear from normal use.
3.4 3-Year Limited Warranty for all other parts, ie:, Swing seats and hangers; Track ride trolleys and bumpers; all
rocking equipment, etc. against failure due to corrosion/natural deterioration or manufacturing defects.
6a
SECTION 06 - MONOLITHIC RUBBER SAFETY SURFACE
PART 1 - GENERAL
1.1 SCOPE OF WORK
This item includes furnishing all labor and materials necessary for installing the rubber safety
surface as shown on the drawings and documents.
1.2 DESCRIPTION OF SYSTEM
The rubber safety surface shall be poured in place and trowelled to provide for a resilient,
�.. seamless rubber surface installed over the specified base. The surfacing contractor shall be
responsible for all labor, materials, tools, equipment, and applicable taxes to perform all work and
services for the installation of the surface.
1.3 QUALITY ASSURANCE
A. Test Results
^' Product must meet or exceed ASTM D2047-82. All products must meet a minimum standard on
coefficient of friction of .9-wet, 1.0-dry. No exceptions will be made to this requirement in an
effort to ensure ample slip -resistant conditions.
B. Permeability
Product shall meet or exceed a coefficient of permeability of five (5) feet per minute. The product
shall handle a minimum of 8" of rainfall per hour.
C. Flammability of Finished Floor Cover - ASTM D2859
„., D. Installation
Installation shall be done by a contractor experienced in the installation of poured in place safety
surface.
E. Contractor Pre -Qualifications
Contractor shall provide a list of five (5) surfacing projects completed with a similar product
within the last five (5) years. List shall include names of project representatives and respective
telephone numbers. At least three (3) of these projects must have been completed within the last
three (3) years. The list shall also contain projects which require the same level of difficulty, e.g.
color transitions and special graphics. All of the listed projects shall have been contracted and
installed by the company bidding the job.
1.4 COLOR EPDM MATERIALS
All EPDM (top cap & wearing surface) materials will be peroxide cured rubber.
1.5 SUBMITTALS
Any alternate product must be submitted with prior approval packages a minimum of ten (10) days
prior to bid date. Submittal packages shall include but not be limited to
•�� A. Reference list.
B. Two samples measuring 2'x 2' in 2" thickness with tapered edges.
C. A written guarantee from manufacturer of the proposed product against all defects in
r-s material and/or workmanship.
I
D. Coefficient of friction, permeability and flammability test results from
an independent testing laboratory.
A. Warranty
All materials and methods used shall be warranted for a period of no less than two (2) years.
Manufacturer's written warranty must be submitted by the surface installer.
PART2-PRODUCTS
2.1 MATERIALS
A. Polyurethane Primer and Binder
Primer and binder shall be 100% Polyurethane binding agent with Methylene Dephenyl
Isocyanate(MDI) based binder with not more than 2% Toluene Diphenyl Isocyanate (TDI) added.
B. Poured Cap
EPDM pigmented synthetic rubber granules (1-3mm peroxide cured) with a minimum EPDM
content of 20%. Strand, shaved, chipped, or shredded rubber is not acceptable in the poured cap.
C. Colors
Colors shall be as noted on the drawings or will be chosen by the Owner or the Landscape
Architect.
PART3-PROCEDURE
3.1 BASE REQUIREMENTS
The base shall have a specific minimum slope of 2% and shall vary no more than 1/8" when
measured in any direction with a 10' straight edge.
A. Compacted Stone
A compacted stone base will not require cure time but will be subject to slope and tolerance
specifications. Stone compacted to 95% standard Proctor.
3.2 PREPARATION
The entire subsurface and surrounding edges shall be clean and free from any foreign and loose
material.
3.3 INSTALLATION
A. Poured Cap
The 3/8" poured cap material shall be composed of EPDM granular rubber only. The cap will
have a minimum weight of 2.2 pounds per square foot. The cap will be poured in place by means
of screeding and hand trowelled to maintain a seamless application. All rubber shall remain
consistent in gradation and size. Color tinted binder will not be allowed.
B. Graphic Designs
All graphic designs and color transitions shall be a full wear course depth, color(s) to be
determined by Landscape Architect.
C. Edges
Surface edges shall be flush with edge of adjacent area or tapered to provide safe
transition. Surface shall be sloped to drain as indicated on plans.
D. Large Areas
All areas that are in excess of 2,000 sq.ft. or adjacent pours will have a cold joint or seam due to
the nature of the installation process.
E. Second Coating of Polyurethane Binding Agent
After the initial installation of the safety surface, the contractor shall wait seven (7) days and apply
a second coat of clear polyurethane by utilizing a paint -type roller.
3.4 PROTECTION
Surface installers shall be responsible for the protection of the surface during the installation
process. This includes all necessary fencing or barricading necessary to keep the site clear of
pedestrian traffic or damage.
3.5 CLEAN UP
After installation is completed, surface installer shall be responsible for cleaning up all
surrounding debris or materials that were associated with, or resulted from, the installation of the
safety surface. Debris shall be removed to an approved off site location and disposed of in
accordance to local, state, and federal laws.
END OF SECTION
SECTION 07 — SAND PITS
1.1 SCOPE OF WORK
This item includes furnishing all labor and materials necessary to dig and construct sand pits in the
playground areas.
1.2 DESCRIPTION
This item covers the requirements for all sand to be installed in the sand pit as shown on the
drawings. All practices and methods required by the Owner for related work shall apply to this
Section.
1.3 MATERIALS
Unless otherwise noted in drawings, the sand used shall be a medium grade concrete sand typically
used for mixing concrete products. It shall be free of weeds, rocks, or other trash and debris.
1.4 METHODS
After the concrete sidewalks have been formed and installed, the sand pit area shall be excavated a
min. of 12" deep. After the play equipment and safety surface has been installed and the existing
soil has been excavated, the Contractor shall install the sand by either mechanical or manual
methods, whichever is easier without causing damage to nearby surfaces or trees. Sand shall be
installed to within 1" of the existing grade of the concrete slab and within 2" of the adjacent
concrete sidewalks. After sand is installed, the surface shall be raked level with a hand rake to
provide a smooth and even surface.
END OF SECTION
A.,
r�
SECTION 08 PARK EQUIPMENT
I. General
A. Scope of Project
1. Contractor shall supply all supervision, perform all work, furnish all labor, tools, materials,
equipment, and incidentals necessary to fully and properly perform all work at each park listed
above, and as described in the plans and specifications. All construction and other work shall be
completed in accordance with all governing codes and ordinances, with the best engineering and
construction practices, including material mfrs. recommendations for installation and
workmanship, for the skill or trade involved.
B. Work Included
1. Section 01 - Summary of Work
2. Section 02 - Product Substitution
3. Section 03 - Earthwork and Grading
4. Section 04 - Plant Material
5. Section 05 - Concrete Work
C. Additional Information
1. All information under General Instructions to Bidder and General Conditions of Agreement apply
to this section.
2. Bidder shall be prepared to send Owner a price breakdown of any and/or all items he has bid on.
Price breakdowns will only be requested after the bid opening has taken place.
II. Products
A. Park Equipment
1. All equipment and material shall be new, unused, and the standard product of the manufacturer.
2. It is intended that this park equipment function as shown in the plan drawing included with these
specifications. It shall be the bidders' responsibility to see that all the items bid function properly.
All adapters, adjustments, modifications, etc., necessary to make the bid items complete shall be
included in the bid price.
3. Touch up paint, matching the colors of each element, shall be included for each painted piece of
equipment.
B. Material - All park equipment shall be furnished by Contractor.
C. Equipment shall be installed as described on the following pages.
D. All equipment shall meet the safety guidelines as outlined by the Texas Accessibility Standards (TAS), and
by the Consumer Product Safety Commission (CPSC) by the National Bureau of Standards (NBS) as it
pertains to the Americans with Disabilities Act (ADA).
E. The Owner will select all colors and notify the Contractor in writing after the contract has been awarded.
Subsequent orders, if any, will include color selection. Touch-up paint to be supplied for each structure.
F. All opening, and interior opposing surfaces shall have no distances greater than five (5") inches.
G. Contractor shall submit one copy of each of the following to Owner before final approval;
1. Manufacture's assembly instructions.
2. Manufacture's erection drawings.
3. Manufacture's maintenance kit.
4. Manufacturer's maintenance and repair procedures, checklists, programs, schedules, inspections,
etc.
III. Execution
A. Installation
1. Prior to installation of equipment, Contractor shall stake location of all footings according to the
manufacture's specifications and contact Owner for verification and approval. Owner shall verify
all construction stakes for locations of elements at project sites. This is to ensure that pieces are
properly spaced to Owner's satisfaction and that the minimum requirements for "safety zones" are
met. Owner shall solve any final installation discrepancies Contractor may have at this time.
2. All equipment shall be installed according to manufacture's specifications and erection drawings.
Contractor shall be responsible for obtaining erection drawings, installation specifications, and a
bill of materials for each piece of equipment from the manufacturer.
3. It shall be the Contractor's responsibility to acquire any missing pieces of equipment or replace
any damaged pieces through the manufacturer.
4. All footings shall be as recommended by manufacturer or as specified sand backfill in regard to
equipment installation height. (Note: All pieces are to be installed to manufacturer's directions as
to specific height requirements.) Concrete to be as specified in Section 04.
5. All pieces to be installed level regardless of slope, unless otherwise directed by manufacturer or
Owner.
6. Contractor shall replace any pieces damaged during installation with replacement material from the
manufacturer.
7. Contractor shall submit one set of erection drawings to Owner showing footing layout and any
departures from original plans.
8. Contractor is to touch-up all chips in paint to match existing colors.
IV. Materials
A. General Specifications
Park Bench - Expanded metal park bench with back mounted on two straight legs, mounted in
concrete border walk (see plan for details).
a) Frames shall be formed of two and three eighth (2-3/8") inch O.D, galvanized steel pipe,
including long stream -lined leg, which is electrically welded to the frame. Finish shall be
unpainted galvanized steel.
b) Legs: To be two and three eighth (2-3/8") inch O.D. galvanized steel pipe and of
sufficient length to extend twenty-four (24") inches into concrete footings. Leg finish
shall be unpainted galvanized steel.
c) Exposed open ends of frames shall be capped.
d) Seats and Seat Backs: made with heavy duty three fourth (1/4") inch #9 expanded metal
and framed by two inch (2") by two inch (2") by one eighth inch (1/8") angle iron. All
center braces, made of three sixteenth (3/16") inch by one and one half (1-W') inch flat
steel. The coating shall be hot dipped baked on `Plastisol' with ultra -violet retardant and a
fungicide. Overall length shall be six (6') feet- zero (0") inches.
End of Section