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HomeMy WebLinkAboutResolution - 2003-R0284 - Contract - Southwest Parks & Playground LLC - Stubbs Skate Park Construction - 07_24_2003Resolution No. 2003-RO284 July 24, 2003 Item No. 22 RESOLUTION 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 •ected to execute for and on behalf of the City of Lubbock, a Contract for the Stubbs ate Park construction, by and between the City of Lubbock and Southwest Parks & iyground, LLC of Denton, Texas and related documents. Said Contract is attached reto and incorporated in this resolution as if fully set forth herein and shall be included the minutes of the City Council. Passed by the City Council this 24th day of July Is , 2003. MCDOUGAL, MAYOR I ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kiln;A Purchasing Manager APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney/Office Practice gs:/ccdocs/Res.Contract-Southwest Parks&Playgrounds, LLC.res July 15, 2003 BOND CHECK /J BEST RATING /� + LICENSED �IN� TEXAS DATE" BY ...i.� CITY OF LUBBOCK SPECIFICATIONS FOR STUBBS SKATE PARK CONSTRUCTION ITB #094-03/RS "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas ITB #094-03/RS, Addendum #1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TM STREET LUBBOCK, TEXAS 79401 PH:(806) 775-2167 FAX:(806)775-2164 http://purchasing.ci.tubbock.tx.us ADDENDUM # 1 ITB #094-03/RS Stubbs Skate Park Construction MAILED TO VENDOR: June 5 2003 CLOSE DATE: June 19, 2003 @ 2:00 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. A contact for the Spohn Modular Skate Park is: Doris Dellinger Gametime, Inc. P. 0. Box 680121 Ft. Payne , AL 35968 (800) 633 2394 x5210 www.gametime.com 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 F LUBB CK Ron Shuffield Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock 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 Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. 094-03RSAdd i CITY OF LUBBOCK INVITATION TO BID FOR TITLE: STUBBS SKATE PARK CONSTRUCTION ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 094-03/RS PROJECT NUMBER: 80013.8815.08279 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS 1 I 1 NOTICE TO BIDDERS n 1 1 1 I NOTICE TO BIDDERS ITB #094-03/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 2:00 o'clock p.m. on the 19th day of June, 2003, 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: "STUBBS SKATE PARK 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 i the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock p.m. on the 19th day of June, 2003, and the City of Lubbock City Council will consider the bids on the 10th day of July, 2003, 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 the 5th day of June, 2003 at 10:00 o'clock a.m., in the Engineering Conference Room 107, Lubbock, Texas. Plans and specifications may be obtained from City of Lubbock, Purchasing Department, 1625 13th Street, Room L04, 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 Vim` �� VICTOR KILMAN PURCHASING MANAGER GENERAL INSTRUCTIONS TO BIDDERS 1 I [J I 1 I GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish STUBBS SKATE PARK CONSTRUCTION per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 19th day of June, 2003 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 #094-03/RS, STUBBS SKATE PARK 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 10:00 a.m.. June 5th. 2003 in Engineering 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. $ 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. a 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 CONFIDENTIAUPROPRIETARY 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. n, 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasinq 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. 12,2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: RON SHUFFIELD, SENIOR BUYER City of Lubbock 1625 13t' 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 SIXTY (60) 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 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 parry 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. 4 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether 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. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of 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: , 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, 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. 28 29 30 31 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. PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(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. 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. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 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 bidder's bid may be 7 deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the Total Bid Amount. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. No Text Proposal to City of Lubbock Lubbock, Texas Submitted by SPOHN Modular Skate Parks/Game Time by SouthWest Parks & Playgrounds, LLC Table of Contents I. Proposal a. Proposal form b. 2-d layout IT. Inserts a. SouthWest Parks & Playgrounds Qualifications b. GameTime Qualifications III. Bid bonds IV. Warranty & Insurance r, a a a SouthWest Parks & Playgrounds, LLC Quote # 03-1104-MO-3-4 Lubbock, TX 5/6/2003 ITEM # JASSEMBLY # IDESCRIPTION PRICE STREET COURSE EQUIPMENT 1 41059 6' Hi h 4'Deep Deck (Left) $ 2,750.00 41060 6' High 4' Deep Deck (Right) $ 2,750.00 41121 Half Pipe (End) $ 9,040.00 41121 Half Pipe (End) $ 9,040.00 41060 6' Hi h 4'Deep Deck (Right) $ 2,750.00 41059 6' High 4'Deep Deck (Left) $ 2,750.00 Item #1 Equipment Total $ 29,080.00 2 41052 5' High 4' Deep Deck $ 2,515.00 41003 5' High 4' Deep Deck W/Kicker Wedge $ 4,040.00 41051 5' Hi h 4'Deep Deck Left $ 2,515.00 41013 5' High Banked Wedge Left $ 2,930.00 41014 5' High Banked Wedge (Right) $ 2,930.00 Item #2 Equipment Total $ 14,930.00 3 40007 Standard Fun Box $ 6,660.00 41001 Grind Rail For 41108 Fun Box $ 525.00 4 40040 2' Hi h 8' Wide Speed Bum $ 5,320.00 Items #3, & 4 Equipment Total $ 12,505.00 5 41044 4' Hi h 4'Deep Deck (Right) $ 2,440.00 41073 4' Hi h 4'Deep Hipped Deck $ 3,235.00 41010 4' High Banked Wedge (Right) $ 2,405.00 41009 4' Hi h Banked Wedge Left $ 2,405.00 41008 4' High Banked Wedge $ 2,640.00 Item #6 Equipment Total $ 13,125.00 6 41080 5' High 4' Deep Hipped Deck $ 3,560.00 41051 5' High 4' Deep Deck (Left) $ 2,515.00 41012 5' High Banked Wedge $ 3,195.00 41014 5' High Banked Wedge (Right) $ 2,930.00 41013 5' High Banked Wedge (Left) $ 2,930.00 Item #7 Equipment Total $ 15,130.00 Ij 1 1 7 41098 Standard Fun Box $ 6,135.00 41098 Standard Fun Box $ 6,135.00 Items #7 Equipment Total $ 12,270.00 8 41043 4' High 4' Deep Deck (Left) $ 2,440.00 41044 4' High 4' Deep Deck (Right) $ 2,440.00 41021 4' High Quarter $ 2,385.00 41022 4' High Quarter $ 2,385.00 Item #8 Equipment Total $ 9,650.00 9 40006 Freestanding Grind Rail $ 525.00 10 40001 Manual Box $ 7,140.00 Items #9 & 10 E ui ment Total $ 7,665.00 Total Equipment Price $ 114,355.00 Shipping Cost $ 2,000.00 Installation Cost $ 28,500.00 Performance & Payment Bonds $ 2,608.00 Grand Total Costs $ 147,463.00 ADDITIONAL NOTES Client will need to provide concrete footings to Spohn Ranch specification for installation of any grind rails. Spohn Ranch can provide footings for an additional charge. ©SPDHN- MC3r3UL^Pl SKATE PARKS BY 66L A CineTime° P. O. Box 680121, Fort Payne, AL 35968 800-235-2440 www.gametime.com a 21BCSCG7327 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that eve GAMETIME 150 Gametime Drive, P.O. Box 121, Ft. Payne, AL 35967 as Principal, hereinafter called the Principal, and Hartford Fire Insurance Company Hartford Plaza, Hartford, CT 06115 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK 1625 13TH STREET, ROOM L-04, LUBBOCK, TX 79401 as Obligee, hereinafter called the Obligee, in the sum of 5% of the attached bid Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for SUPPLY AND INSTALL PLAYGROUND EQUIPMENT - STUBBS SKATE PARK NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of June (Witness) le 2003 (Seal) ✓� (Title) Jrtford ire Ins-urance Company Citjr ) (Seal) (Witness) 2y,1—&f- (Title) Brenda H Oliver, Attorney -in -Fact W 11 Direct Inquiries/Claims to: POWER OF ATTORNEY T9ASYLUM NA�ORD ENUE HARTFORD, CONNECTICUT 06115 call:888-266-3488 orfax.860.757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21 250244 = Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company , a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company , a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company , a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company , a corporation duly organized under the laws of the State of Indiana Hartford Insurance Companyof Illinois , a corporation duly organized under the laws of the State of Illinois Hartford Insurance Companyof the Midwest , a corporation duly organized under the laws of the State of Indiana OHartford Insurance Companyof the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of UNLIMITED BERKELEY G. HOLLEY, BRENDA H. OLIVER, ERIC TURNER OF BIRMINGHAM, ALABAMA 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(ies) only as delineated above by ®, 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, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attomey. e /� � � +^' ,. ►.• 1 • � 74r^ i 1 e a i • �' � S l.sN"w;y,`� s���"r S e� :`��Nrtrtx• f, ' �earetl' i-i l97'�fe�' _i 1P74f 'A T �...= _ram {% J4a•... '�+ �yri �+`+' �' • hu �"� �►.,`' ��+� 9 Paul A. Bergenholtz, Assistant Secretary Colleen Mastroianni, Assistant Vice President STATE OF CONNECTICUT SS. Hartford COUNTY OF HARTFORD On 26" day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her name thereto by like authority. IV Scott E. Paseka . etc NotaryPublic CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, 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 still in full force effective as of June 9, 2 0 03 Signed and sealed at the City of Hartford. 1 r POA 2003 o �ir� � 1j :��4•..regr:, �i. a ►969 a ...(.tM+'�Q 'l,y,r"'k.i�` S�,rao�OO"r �� _ Ir:`anutn• ` �e•tri1► ;-yy 11Y70 `� SD7o �_ 4 • ��.f19' +'• �♦` a •„n•n"- •+uu•` f,�' V•'Jt<� Yves Cantin, Assistant Vice President Hartford Fire Insurance Company Hartford, Connecticut Financial Statement, December 31, 2002 (Statutory Basis) ASSETS U.S. Government Bonds ... ... .........$ 61,739,704 Bonds of other Governments ... ........ 585,374,156 State, County, Municipal and Miscellaneous Bonds... 3,951,931,807 Stocks .......................... 5,696,869,874 Short Term Investments ................ 113,280,523 $ 10,409,196,064 Real Estate ......... ................ S. 126,570,654 Cash ........................... ............ 245,736,534 Agents'Balances (Under 90 Day...... 2,126,093,726 Other Invested Assets ................... 235,687,185 Miscellaneous ............................ 1,759,070,409 Total Admitted Assets ............... 14,902.354.572 LIABILITIES Reserve for Claims $ and Claim Expense......... 4,462,915,532 Reserve for Unearned Premiums ..... 1,475,074,269 Reserve for Taxes, License and Fees ............... ....... 81,684,067 Miscellaneous Liabilities ........... .. 2,557,890,577 Total Liabilities ............ ... ... ..S 8,577,564,445 Capital Paid In $ 55,000,000 Surplus ...... .... 6,269,790,127 Surplus as regards Policyholders... $ 6,324,790,127 Total Liabilities, Capital and Surplus ... ... ... ........$ 14,902,354,572 STATE OF CONNECTICUT COUNTY OF HARTFORD SS. CITY OF HARTFORD Donald J. LaValley, Assistant Vice -President, and Patricia A. Murrone, Assistant Secretary o f the Hartford Fire Insurance Company, being duly sworn, each deposes and says that the foregoing is a true and correct statement of the said company'; financial condition as of December 31, 2002. Swom to before me March 31, 2003 Donald J. LaValley, Assistant Vice -President Patricia E. Davis Notary Public My Commission Expires September 30, 2007 Patricia A. Murrone, Assistant Secretary Form CS-19-37 HF Printed in U.S.A. 5 Heights x Item 12 Wedges Have 6' Radius hem f3 & f4 rl 2' x 3' Rectangle II18' Tall x 14' Long 2' Tall x 6' Wide x 23' Lora •-- Mv~ .rw eu ee er ea R ra W x 4' Width MGM 01 6' Heights x 6' WWMs Total of 16' Width Quarters Have 6' Radius «m «m sv rw ev wx M M 4' Heights x 8' 2' Tall x 8' Wide x 14' Lora 10' Toll x 12' Lora x 6' Wide «xw Kenn 110 wr hem f9 rxxa.eu 2' x 3' Rectangle 16' Tap x 18' Lora Kenn f7 S' .eo r r orm. s«e 4' Heights x 6' Widthe r r.� se«D r ...e r.r Item 18 Quarters Haw i Radius Wedges Have 7' Radius hem f5 .ww r�xl er• w sea MO r ..r me+n Item f6 Wedges Haw 8' Radius «.e r BWidtha _ r Pxq + � err• � r.n «.0 Yew e' ryes s.e Each Fun Box Is 2' Tan x 6' Wide x 23' Long S' Heights x Item /2 Wedges Have 8' Radius Item /3 & /4 2' x 3' Rectangle 18' Tall x 14' Long 2' Toll x 8' Wide x 23' Long e■er er ea exee.s «.� wu xxs see sa I evo ApVie m� S' Heyht x 4' Width .as Rem 01 8' He'ghfs x 8' Widths Total of 18' Width Quarters Have 8' Radius h 4' Heights x 2' Tall x 8' Wide x 14' Lang 10' Tall x 12' Long x 8' Wide w� ems.. Item #10 —111 Item /9 r.r — -Ir 2' x 3' RsctangW 18' Toll x 18' Lang fVrQ I0m see iar! eeo r we r wo 4' Heights x 8' Widths rid e-+c Rem /8 Quarles Hans i Radius Wedges Have i Radius Rem /S r r exo neo e.s i�wa Rem is Wedges Haw 8' Radius .w e.r s Ot.e..A k 8'Widths r .rw e�tl i eexxl e.ea iiiiiiel we .»a e.o Each Fun Box Is 2' Tall x 8' Wide x 23' Long Lubbock Customer Name Lubbock, Tx Sp OHN...F 1 (A L b .nM.� F+y South"pest Parks & Playgrou-1s, L.P. PO Box 50048 Denton, TX 76206-0048 800.433.5347 940.380.9038 940.381.0463 Fax SouthWest Parks & Playgrounds, LLC At SouthWest Parks & Playgrounds, LLC, it is our goal to provide our customers with equipment that is the safest, most technologically advanced, and most fun for your children. That is why we feature Spohn Skate Park equipment. The satisfaction of each of our customers is something that all of us at SouthWest Parks & Playgrounds strive to achieve. Our sales associates and office personnel have a combined total of over 75 years experience in the playground business and are available to assist our clients in a number of ways - from the design stage to the completion of the project. Using the latest in CAD (Computer -Aided -Design) technology, we provide at no charge to you a top -view, scaled 2D drawing of the proposed playground unit, along with a 3D color rendering of the finished product. Our associates are available to personally meet with you and assist you through each of the various phases of your project. Should you need additional assistance after the job is completed, we are here to help in any way we can. Thank you for allowing us to submit our proposal on your project. If we are recommended, we will do everything we can to make your project a complete success. Joh9t. Caldwell, President SouthWest Parks & Playgrounds, LLC I A P L A Y C O R E C O N PAN Y Time® Enriching Childhood Through Play. 1 ' GAMETIME QUALIFICATIONS History, and Mission GameTime has been manufacturing commercial quality playground apparatus continuously since 1929. Originally founded in Michigan, GameTime division headquarters and manufacturing relocated to Fort Payne, Alabama in 1979. In March of 1997, PlayCore Wisconsin, Inc. (PlayCore) acquired GameTime, Inc. and the company subsequently went public with its stock trading on the American Stock Exchange (AMEX: PCO). Chartwell Investments acquired all issued and outstanding shares of PlayCore stock in April 2000 and the company is now privately held. Annual sales for GameTime in 2001 approach $100,000,000. Other PlayCore divisions include Swing-N- Slide, manufacturer of consumer play apparatus, and Heartland Industries, manufacturer of outdoor residential storage buildings. The GameTime mission is to be the global leader in the commercial park and playground market using its rotational molding capabilities, design engineering and manufacturing, new product innovation, dedicated employees, and outstanding "customer focused service". At t GameTime, we understand our most important customers are children. We take our commitment to develop imaginative, safer and more accessible playgrounds seriously. We recognize the best play experience combines innovative and compliant equipment that engages children in physically and mentally stimulating activities. Products are developed to educate, challenge, stimulate and entertain the mind while providing opportunities for very active through somewhat passive physical play. GameTime is a founding member of IPEMA, the International Play Equipment Manufacturers Association, and promotes public playground safety through compliance with IASTM F1487 98, Standard Consumer Safety Performance Specification for Playground Equipment for Public Use. GameTime is an ISO 9001 certified company adhering to rigid product quality control systems covering design, development, production, installation, product testing and inspection. GameTime is honored to have many repeat customers and has established longstanding supply relationships with the New York Housing Authority, New York Department of Parks, Chicago Public Building Commission, San Diego Unified School District, Detroit Parks Department, ARAMCO (Saudi Arabia), and others. GameTime is a vendor to the Federal Government under General Services Administration (GSA) contract GS-07F-0397K. GameTime has been designated by the Toronto District School Board, Toronto, Canada, as GameTime Qualifications Page 2 its preferred vendor for 110 new playgrounds. SODEXHO Marriott Services is selecting GameTime playground equipment for their facilities nationwide. Facilities and Staff GameTime is a vertically integrated company with extensive design, manufacturing and distribution capabilities. With 400,000 sq. ft. under roof on an 81-acre facility devoted solely to the manufacture of playground equipment, GameTime is well equipped to handle orders of any size. The company currently employs more than 450 employees in management, engineering and manufacturing roles. Seasonal weekly production can exceed $2,000,000. The daily inventory of raw materials often is valued at approximately $8,500,000. We do all metal fabrication, rotationally -molded plastic and powder coating "in-house". Once an order is entered and accepted, GameTime is in a position to deliver equipment to its customers within 30 to 45 days. Typically, GameTime operates on a 28-day production cycle, based on weekly manufacturing releases. Orders entered within a seven day period, for example between the 1"tand 7t' day of one month, will ship by the a day of the following month. GameTime products are distributed throughout the world by a network of more than 50 independent sales representatives. Regional representatives provide local on -site playground design services utilizing laptop computers with our exclusive GTCAD program; CPSI safety audits; equipment selection consultations; safety surfacing materials; and installation by "factory -certified" installers for complete "turnkey" packages. Each representative organization employs in -state sales agents and factory -certified installers to serve local customers. Our certified installers have received classroom instruction as well as hands-on experience in the assembly of GameTime products. GameTime sales representatives lead the industry in training and experience. They attend "GT College" annually to learn the latest in product improvements and new design, computer technology, safety compliance, risk management, installation techniques, ADA requirements, and related topics. Agency members attend seminars throughout .the year. All agencies employ NPSI certified playground inspectors. On average, GameTime field sales representatives have been serving customers for 22.4 years. Bitting Recreation, Inc. of Pennsylvania has been a GameTime representative since 1960! Key people at the GameTime factory include: Tom Norquist, Senior Corporate Vice -President Commercial Sales and Product Development, (256) 997-5202, in playground industry since 1983, IPEMA board member, ASTM committee member, employed at GameTime since 1993 Mike McWilliams, Vice -President of Operations, CQA, CPSI, (256) 997-5360 employed at GameTime since 1979 Brian Johnson, Vice -President of Marketing and Product Development, CPSI, (256) 997- 5381, in playground industry since 1997, ASTM committee member, employed at GameTime since 1999 Don King, Director of Sales Administration, CPSI, (256) 997-5255, in playground industry since 1969 and employed at GameTime since 1997 GameTime Qualifications Page 3 Eric Denning, Field Support Manager, CPSI, (256) 997-5392, in playground industry since 1987, former Sales Associate for Sitel-ines, GameTime Representative in the Northwest, employed at GameTime in 2001 Wes Sutton, Director of Engineering, CPSI, IPEMA committee member, NPSI Board Member (256) 997-5269, employed at GameTime since 1976 Kert Artwick, Manager of Compliance and Standards, (256) 997-5277, IPEMA committee chairman, ASTM committee member, employed at GameTime since 1991 Danny Byrd, Design Manager, (256) 997-5332, in playground industry since 1989, ASTM committee member, employed at GameTime since 1998 Robert Akins, Transportation and Surfacing Manager, (256) 997-5267, employed at GameTime since 1980 Kathy Satterfield, Sales Support Manager, CPSI, (256) 997-5269, employed at GameTime since 1981 Clarence Thomberry, Technical Support Manager, CPSI, ((256) 997-5264, employed at GameTime since 1983 Charles Graves, Order Processing Supervisor, CPSI, (256) 997-5219, employed at GameTime since 1983 Joyce Ciotta, General Accounting Manager, (256) 997-5254, employed at GameTime since 1978 GameTime Advantages INDUSTRY LEADERSHIP As the market leader in school and park playground equipment sales with 18.5% share, GameTime is differentiated by its unique and innovative products, price competitiveness, manufacturing quality and network of professional field representatives. Superior rotomold capabilities, an experienced and stable workforce, increased manufacturing efficiencies and throughput resulting from a recent 110,000 SF plant expansion and process redesign, effective quality control, state-of-the-art facility and equipment, coupled with the fastest shipping cycle in the industry, result in lower prices and on -time deliveries of premium products. Our experienced field sales representatives provide local on -site consultations and "in- house" design services by NPSI certified safety inspectors; provide supervision and installation services by GameTime "certified" installers; and coordinate equipment delivery with installation of equipment and safety surfacing. INNOVATION With over 300 composite structure components, product innovation is a key GameTime strength. For example, our BigFoot Slide — the world's biggest one-piece slide, offers three different sliding experiences; our Accessible Dragon combines fantasy with accessibility; our MegaRock Climber provides realistic rock climbing and an underside cave experience GameTime Qualifications Page 4 complete with wall fossil. See our 2001 Park and Playground Catalog for many more examples. With our PowerScape® MegaLoc® connection system, the only factory installed "clamp" in the industry, customers are assured of proper and "compliant" equipment installation at reduced time and expense. GameTime introduced the Entry Archway to reduce inadvertent falls while allowing access to the structure; now an ASTM industry requirement. GameTime decks bolt directly into the supporting upright using our exclusive vandal - resistant deck connection. QUALITY ASSURANCE As an ISO 9001 certified (unconditionally) company, GameTime maintains a program of quality assurance and standardization in design control, development, production, installation and servicing in accordance with procedures by the International Organization for Standardization. GameTime's Quality Assurance Department inspects parts at random for compliance with manufacturing specifications and tolerances in accordance with ISO 9001 procedures. Manufacturing processes are carefully defined, documented and monitored to make possible the production of uniform, quality parts. Quality audits are performed daily to reduce manufacturing error. Special welding fixtures are used for each part to facilitate proper assembly and fitting. SAFETY COMPLIANCE AND ACCESSIBILITY GameTime equipment meets or exceeds current U.S. Consumer Products Safety Commission Guidelines (CPSC) and American Society for Testing and Materials (ASTM) Standard F 1487, is extensively tested, and third -party validated by Detroit Testing Laboratory (DTL) for compliance. GameTime personnel have worked closely with the Access Board in the development of playground accessibility guidelines to comply with the Americans with Disabilities Act (ADA). GameTime has taken a leadership role in the creation of play equipment that meets and exceeds the spirit and intent of the guidelines. To ensure our products comply with industry safety regulations, GameTime's Compliance and Standards Department tests all new products before public introduction and retests all existing products every five years to American Society for Testing and Materials (ASTM) Standard F 1487. These tests and the testing procedures are third -party validated by Detroit Testing Laboratory (DTL). Product tests are conducted every business day throughout the year. In addition to Standard F 1487, products are also evaluated and tested for compliance with Canadian Standard CSA and European Standard EN 1176 for products shipped outside the United States. The company has thirty-six Certified Playground Safety Inspectors (CPSI) and five ASTM committee members on staff in Fort Payne monitoring safety regulations to make sure GameTime products meet or exceed safety requirements. As a result of our extensive design evaluation process and product testing procedures, GameTime has not had a product recall since 1993. That recall resulted in the need to change an attachment bracket on our suspension bridge. GameTime Qualifications Page 5 Product Specifications Customers may choose between aluminum and galvanized steel supporting posts (uprights) at no additional cost. Primary connecting hardware is of 304 stainless steel with button pin - in -head, torque -socket cap screws with a two-part epoxy locking patch added to the threads to reduce loosing resulting from vibration and use. Metal assemblies are MIG (metal inert gas) welded for maximum penetration and good structural integrity. See full product specifications included with this proposal. Paint finishes are applied electrostatically to a 3.0 — 5.0 mil thickness with a custom formula of TGIC polyester powder that is oven cured at 400 degrees for superior adhesion characteristics and maximum exterior durability and longevity. Prior to coating, all components are mechanically cleaned and washed in a six -stage bath system with an iron phosphate wash, a rust inhibitor, and sealer to prevent flash rusting before coating. Coatings are tested for hardness, adhesion and impact resistance in accordance with ASTM standards. Rotationally -molded plastic products are produced of linear low -density polyethylene with UV -stabilized color and anti -static compound additives. GameTime has pioneered the manufacture of large, single -piece plastic parts. GameTime routinely inspects and tests its products at random for compliance with manufacturing tolerances and quality standards per ISO procedures. Research and Development GameTime currently employs ten industrial designers and seven draftspersons in its product development group. In addition, we collaborate with a number of outside consultants to focus in key areas. We are partnering with CHILD, the Children's Institute for Learning and Development, to research children's play behaviors, patterns, and developmental needs. In conjunction with the University of Texas and Professor Emeritus Dr. Joe Frost, we are establishing a field laboratory to study school -age play equipment design. We participated with Dr. Frost in the evaluation of early childhood play. His doctorial students researched our KIDtime systems and were instrumental in many of the improvements made to the product line for 2001. Noted New York landscape architect, M. Paul Friedberg, FASLA, is assisting GameTime in the development of several new play and site products. Working with Professor Emeritus Lou Bowers of the University of Southern Florida, we are participating in research on child anthropometrics and motion. We are partnering with the Siskin Foundation of Chattanooga, I Tennessee to research the needs of physically challenged children. Terri Hendy of Site Masters, Inc. consults with GameTime on compliance issues and equipment design. Dr. Mary McCabe, Ed. D., collaborated with GameTime in the development of FitKd, our curriculum based fitness system for elementary, secondary and high school students. Her studies provided the scholarly rationale to support the motor development and academic W GameTime Qualifications Page 6 benefits that result from regular FitKid exercise. FitKid is the first ergonomically designed fitness system created to be integrated into existing physical education programs. Product Warranties • LIFETIME limited warranty on PowerScape, PrimeTime and TotTime uprights. • LIFETIME limited warranty on all hardware. • LIFETIME limited warranty on GameTime PowerScape MegaLocs®. • 15 Year limited warranty on metal decks, pipes, rungs, rails, and loops. • 10 Year limited warranty on PrimeTime and TotTime bolt -through connection. • 10 Year limited warranty on rotationally -molded products. See the GameTime Warranties included with this proposal. Why GameTime? GameTime, in partnership with its customers, can design and build local playgrounds that reflect the unique characteristics and requirements of each facility; playgrounds that serve the developmental needs of children, regardless of age or ability, playgrounds that are competitively priced without sacrificing quality or innovation; and provide apparatus that is "compliant", durable and suited for its intended use. We offer complete turnkey services, starting with or -site playground design services utilizing laptop computers with our exclusive GTCAD program; IPEMA certified play equipment for all ages and abilities; compliant safety surfacing; and factoryrained, "certified" installers. • GameTime has seventy-two (72) years experience in the manufacture of playground equipment. • Financially stable - GameTime parent (PlayCore) has a revolving credit facility of up to $30,000,000 from GE Capitol Commercial Finance, Inc. • Quality assurance — GameTime is ISO 9001 certified (unconditionally). • Safety compliance — GameTime is an IPEMA member in good standing • Insurance protection — GameTime maintains product liability insurance in the amount of $51,000,000, unequalled in the playground industry. Our policy is the preferred 'Per Occurrence' type rather than 'Claims Made'. • Unique products — GameTime's patented Megal-oc bolt -through connection system ensures ASTM compliance and reduces installation costs. • Turnkey capabilities — GameTime. can provide equipment, safety surfacing and field installation by °factory -certified" installers. • Lifetime warranties — see our GameTime Warranties for a full description. • National representation — visit www.-gametime.com for a complete listing of GameTime representatives. No Text V _. .. _ = i - _.........- - _---- _ ► - C ®. _ Ct CERTIFICATE NUMBER �Ffs=��r-�i: _ _ - _ ... ... - 8090.02 TIIIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS PRODUCER MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED W THE 3475 Piedmont Road, NE, Suite 1200 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. Atlanta, GA 30305 COMPANIES AFFORDING COVERAGE COMPANY 57102-GL-E"2-03 A ILLINOIS UNION INSURANCE CO COMPANY — Playcore Holdings LLC B ARCH SPECIALTY INSURANCE COMPANY dba Gametime - - - 150 GameTime Drive COMP' Y Fort Payne, AL 35967 C OHIO CASUALTY INSURANCE CO COMPANY D GOVEJtISG.ESt_ =:: `" - This certlficat0_sypersedes-and replaces aiiy previously issued certificate for the _polky.-q riod noted below,,:= _ .:.:1. _ •:.c:• THIS IS TO CERTIFY 111^r POLICIES OF INSURANCE DESCRIBED HEREIN HAVE OFF" ISSUED TO THE INSURED NAMeO HEREIN FOR THC POLICY PERIOD INDIrATFn. NOTWITHSTANDING ANY REOLIKEIMENT. TERM OR CONDITION OF ANY CONTRACT OR OTIIFR DOCUMENT WITH RESPECT TO WHICH THE cemwICATE MAY BE MMIED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCPJKD HEREIN IS SU9JFr:T TO Al 17HF TFRMS, CONI)IIIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LPAITS SHOWN UAY HAVE BEEN REDUCED BY PAID CLAWS CO TYPE OF INSURANCE POLICY NUMBER LT'R FOLICY EFFECTIVE POLICY EXPIRAT)ON LIMITS DATE(MMIDD/YY) DATE IN MIDD/YY) GENERAL LIABILITY GENERAL AGI.RI=G/1Yt $ 2.000.000 PRODUCTS - COMP/OP AGG A X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE 171 OCCUR XLG 18381643 02/26/03 02/26/04 $ 2,000,000 PERSONAL S Ar)V INJURY $ 2.000,000 OWNEKS S CONTRACTORS TROT EACH OCCURRENCe $ 2,000,000 FIRE DAMAGE one Mt 5 50,000 X ' ti SiW,ll(x) MED F-XP (Any exte $ EXCLUDED AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO — BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS $ BODILY INJURY (rer BCCIdent) HIRGD AUTOS NON -OWNED AUTOS s 5 PROrERTY DAMAGE GARAGE UABILITY AlRO ONLY • EA ACCIDENT S OTHER THAN AUro ONLY: — T�-"-_• _ ANY AUTO EACI I ACCIDENT 5 AGGREGATE S CXCCSS UADILITY EACH OCCURRENCE $ 25,000,000 AGGREGATE -_— - -- B UMBRELLA FORM N !2ULP1346700 02/26/03 02t26/04 S 25,000.000 $ O1HEK THAN UMBHFILA FORM W RKER3 COMPENSATION AND EMI'LAYERS' LIABILITY TA I OT11 TORY LMITS EL EACH ACCIDENT _._ .. $ -- — S TI IC PROMCTOR/ INCL rARTNERa/EXECUTMC OFFICCRS ARE: EXCL EL DISEASE-rOLICY LIMIT EL DISEASE EACH EMPLOYEE C Excess Umbrella ECO (04) 53059239 02/26/03 02/26/04 25.000,000 Excess 25,000,000 Excess DESCRIPTION OF OPERAT)ONS/LOCATIONSNEHICLES/SPECIAL ITEMS Certificate Holder fisted below is an additional insured per broad form vendors endorsement. ZIEKTIF.ICRTE OLDER "?=: ; : CANCELLATION BHo1AA ANY OF THE POLICIES OEW-%ND HEnrw EE CANCELLED nF"F we C)14HAr10N OATS TIEFMOF. THE NEIWEn AFFnMNr. C(YrEAAC. vAL L•NLRAIMYL 10 NAIL 1n DATst wnmEN NOTICE TO THE Modlin kecreation Epulpment, Inc. P.O. Box 50048 CCNFFICArC NOUmn NAAAto lum9W. FLIT •A>LURE T9 MAL SUCH NDTHCE SHALL IMPOSE NO OBLIGATION ON Denton. TX 76206-0048 LIABILITY OF ANY IOND UPON THE INSURER AFFORDNG COVERAGE. IT7 ACENTR OR REPRESENTATIVE& ON'rft ISSUER OF THIS CERTFY•.ATE. MARSH USA INC. / - FIY: JHK Bredenberg "' = = MM1(3102) '' — VALID AS OF: 03/03/03 1 BOND CHECK BEST RATING LICENS D IN TEXAS DATE ai BY PAYMENT BOND 21 BCSAQ6345 Labor and Material Payment Bond KNOW ALL MEN BY THESE PRESENTS: that GameTime (Here insert full name and address or legal title of Contractor) 150 GameTime Drive Ft. Payne, AL 35967 as Principal, hereinafter called Principal, and, Hartford Fire Insurance Company (Here insert full name and address or legal title of surety) Hartford Plaza Hartford, CT 06115 as Surety, hereinafter called Surety, are held and firmly bound unto City of Lubbock (Here insert full name and address or legal title of owner) LP.O. Box 2000 as 0 ge, ereinafteXr called"Fwner, for the use and benefit of claimants as hereinbelow defined, in the amount of $147,463.00 (Here insert a sum equal to at least one-half of the contract price) Dollars ($ for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated July 24, 20039 , entered into a contract with Owner for Supply and installation of playground equipment in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. I. 11 u NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this 26th accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. day of August Ax 2003 (PrinUpaO l5ealr Hartford Fire Insurance Company I AtAlj&) U" ` tscali (Sun•!y) lWilnt•5�1 JLa Brenda H. Olivei�`� Attorney -in -Fact I. I I I I e I c u III THE HARTFOqD- POWER OF ATTORNEY :�o'�°UhA,ai/EIJUE .kWbW-A-LL,PERSONS BYTHESE.-PRESENTS-THAT. dbly nrga nl'zad'.mn&r.fhaAfnv.T_n.&hr iiarffDrd:f:;asq,afty.lnsur.anj= Go-pany .)D .'re. 11SUrallc :....ompaPy...m pprJrdraiinnllply cr nizgdvn8erfihe laws p ;rIdEirpawi-6is drr!y.bWifftd.mnzi&.1hie In% of-flf6,Sme*.6f III ihois F—J.-HifffO.' Piartwed )fir .havM-g,thi3jf.�,b,rn6 mffimir� Hartf.&d,:C-dnn6-ctitui.*thjqreinafter--cDllEicti�i6 r6fqr7;6dJp as ilia 'I jor�p herb -by rPdkg, pplis e an : G _.4ppp!r Vp p _ijpf6jr. MITE :Bvmiry 146i1F3C;, iREaMik A4 _. 52?tZER.. Bkljl� "fMftft. -a-F Ali? W.I.-MA � 4iF Vile and 16011 Atlb"ffi6Y(s:)-h-Fbqteach .;ap q Ab -tb ..r' ' M dAnaoi above �y :9 n to� execute., arTd arcnnwhadge any, and all t3onds; tln.de�taki rmnlrecit and :ofre pa tg', in Af naimre,�$ffreO,.on- behalf graraoteoi in g-jjjie_per.fb.rma=e of,:co6tracfs.:ar iiecafing q M ... 0" ' 'd on s-an -and-q no--- R­f"i q 4r P� lnlvftn'tss Whifiab :Mid- 69 affthijfq�,64 ty g. tR.#§b!j4i3q -W thfi: 8 ciarfd of DihFdaff ff Me & filth, 2_000i t -bompanimr-fum. cause, ep.rpbLmJsto:be.--s16nErd*.-by.'f�:Xis.i,s� p", 1!ti�,.pd duly attested ntVice- resWertf ajid"ft-rorp fieratr).)3 F-drihor'. purtlumt1a Resa -':r6 latiml oflbe, Binain:Pd�-'E�i ctQm.nftN6 Comipaiiies,--Rie CDrppapias b-emfby Usqy -g ff-li 'fh=hL%y arbgrid-vIll bg bound by -any ibenhghicaily-try_plidd ft;ltu rzig-.apjplitidlbthis PbWbr-6f_Albfh6y-_ A Gpfffier 2.00P W-fc—, - -.- -. - — �� `­ -�k­ "" v :frig -dilly ;rld Ad.0, -.gn T.n� FylpWn,. ;ard ze 6f to .4y.of:)j.ar.tfDrd, P"t -of--.C* yMz�!m lbiK ji: -IhB A ista ld of itW PDY.n 1 .. ghe r.-sjde4_ in -the. 1 iff fL he ss nt.-Vice- Pr.L-.a ant- panlQsj 'p ekt-cuted the-2rizoV9:invfrmYmntj-t�W . mg:. that the getlit A16Uff d.-lb tr Or ail -j - It tlfgtjfj�b.q.e 0 by -'OF _f M - q.,.lte of ]&aja L rp.ET i.§O.ATrA OT OT p .:h.@T n arn . lierpip by. likwapthoriiy ,C iiTl9CA9 AttDmLy-.m-etcft 'Ay-said,-Com m.; which Is inki e. :8. -0- iIF4. -a 1 n I� I � I u 1 I I 1 BOND CHECK BEST RATING 4- LICENS,Ep IN TEXAS DATE BY PERFORMANCE BOND 21 BCSAQ6345 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that GameTime (Here insert full name and address or legal title of Contractor) 150 GameTime Drive Ft. Payne, AL 35967 as Principal, hereinafter called Contractor, and, Hartford Fire Insurance Company (Here insert full name and address or legal title of surety) Hartford Plaza Hartford, CT 06115 as Surety, hereinafter called Surety, are held and firmly bound unto City of Lubbock (Here insert full name and address or legal title of Owner) P.O. Box 2000 Lubbock, TX 79457 as Obligee, hereinafter called Owner, in the amount of $147,463.00 Dollars {$ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated July 24, 2003 1Rx , entered into a contract with Owner for Supply and installation of playground equipment in accordance with Drawings and Specifications prepared by _ (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of ISigned and sealed this 26th I� d defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. day of August x14x 2003 Hartford Fire Insurance Company '66 U )A?_�/ I rely) (Seal) (witness) ren aJilver (rive) Attorney -in -Fact CERTIFICATE OF INSURANCE , CERTIFICATE NUMBER ATL-000857139-05 _.. .. ::..... -: PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED N THE 3475 Piedmont Road, NE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Suite 1200 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Atlanta, GA 30305 COMPANIES AFFORDING COVERAGE CC7MPMIY 457102-prawo•pg-02-03 A ILLINOIS UNION INSURANCE CO INSURED COMPANY Game Time B ARCH SPECIALTY INSURANCE COMPANY a division of Playcore Wisconsin, Inc. 150 GameTime Drive COMPANY Fort Payne, AL 35967 C OHIO CASUALTY INSURANCE CO CCMPMIY D Hartford Insurance Company ..... . THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTVMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBJECT TO ALL THE TERM$ CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITSSHOVAN MAY HAVE BEEN REDUCED BY PAD CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUM BER POUCYEFFECTIVE GATE (MMIDDAYY) POLICYEXPIRATIGM DATE (MMIDDAYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 PRODUCTS-CCMPIOP AGG $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY XLG 18381643 02/26/03 02/26/04 LINMSMADE FX7 OCCUR PERSONAL&ADVINJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 OWNER'S&CONTRACTO R'SPROT FIRE DAMAGE(AAy one lire) $ 50,000 X SIR S1100,000 /UTOYt>BlE LIABILITY MED E/w An one ®man COMBINED SINGLE LIMIT $ EXCLUDED $ 1 .000,000 D D X ANY AUTO ALL OWNED AUTOS SHeDULEDALLUTOS 10UENUU3066.AOS IOMCP3033345-MA 07/01/03 07/01/03 08(01/04 08/01/04 BOOILYIN.URY (Per Per—) $ BODILY INJJRY (Peracddent) $ D HIRED AUTOS VV NON -OWNED 10UENUU4096-TX 07/01/03 08/01/04 PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY: ::...... .. ....::.:.: .: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 25,000,000 B X UMBRELLAFORM 72ULP1346700 02/26/03 02l26/04 AGGREGATE $ 25,000,000 $ OTHER THAN UMBRELLA FORM D D EMPLOYERSLIABILITY THE PROPRIETOR/ IN0. PARTNERaeXECAUTIVE OH610EiSARE. EX0. 10 WBR MF 5611 10 WN MF5610 06/30/03 06/30/03 12J30(03 12/30/03 X TORVLIMITS ER >:W£.;:.• cc,.::...,.;:.>:.,:.:;.._ ::.: EL EACH ACCIDENT $ 1,000,000 EL DISEASEFOLICY LIMIT 5 1,000,000 ELOISEASEZACHEMPLOYEE $ i,000,000 C Excess Umbrella ECO (04) 53059239 02/26/03 02/26/04 25,000,000 Excess 25,000,OW Excess OESCRIPTION OF OPERATIONSILOC:ATONSNEHICLES/SPECIAL IIEMS Re: ITB 0094-=RS Stubbs Skate Park Construction -12 Day Project Certificate Holder is additional insured as respects General Liability Auto Liability and Umbrella Coverage until completion ofjob. Waiver of Subrogatlon applies as respects General Liability, Auto [-ability, Workers Compensation, and Umbrella Coverage. ry. SHOULD ANY OF THE POLICES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THe IN&AER AFFORDING COVERAGE WILL EMVMWW MVL �' II DAYS VMITTFN WTIC! TO TM City of Lubbock P. . Box 2000 CERTIFICATE HOLDER NAMED HEREIN Lubbock, TX 79457 MARSH USAINC. aY: JHK Bredenberg �:}}:R'FtiNMY.YjA.:%�£>"..o'3S$.`�'•"'•fSvS£i... .!.^.>:./:::.y.,::�.:;:i 1 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: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, 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. it n I REQUIRED WORKERS' COMPENSATION COVERAGE 'The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (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.❑ H U H Z O U P CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 24th day of July, 2003 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 SOUTHWEST PARKS & PLAYGROUNDS, L.P. of the CITY OF DENTON, COUNTY OF DENTON, 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 #094-03/RS - STUBBS SKATE PARK CONSTRUCTION - $147,463.00 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. ATTEST: CIAOFC EXAS (OWNER) By •� City ecretary MARC MCD GAL, MAYOR ' APPROVE ;ON ^ CONTRACTOR: Own s R res ative &/ f,} i APPROVED AS TO FORM - By: Attorne PRINTED NAME: TITLE: PAC J /0f--*1C7— ATTEST: COMPLETE ADDRESS: Corporate Secretary SouthWest Parks & Playgrounds, L.P. PO Box 50048 Denton, Texas 76206-0048 I I 1 1 GENERAL CONDITIONS OF THE AGREEMENT 1 1 1 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 SOUTHWEST PARKS & PLAYGROUNDS, L.P, who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative RANDY TRUESDELL, DIRECTOR OF COMMUNITY SERVICES, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance 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. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 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. 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 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) 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 1 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - 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, Fdb are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with Products and Completed Operations Hazard Insurance in the amount of $5,000,000.00 Combined Single Limit in the aggregate for each coverage. General Liability Insurance shall be endorsed to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury Heavy Equipment Endorsement B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $500,000.00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Additional Insured and Waiver of Subrogation Required) % The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000.00 Combined Single Limit, 7 ff7 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. 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 (Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $5,000,000.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor' in Section 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. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 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. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: 11 (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 W provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (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; 10 (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter: (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 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; 11 (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. 12 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. 1 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 $150.00 (ONE HUNDRED FIFTY) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this 13 contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in 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, 14 against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall 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 Md 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. i 1 15 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 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. 16 1 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time 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 17 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. 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. 18 1 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If 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. �I � I 1 CURRENT WAGE DETERMINATIONS RAL DECISION T= 0015 04/04/2003 TX15 Date: April 4, 2003 ,General Decision Number TX020015 Superseded General.Decision No. TX010015 State: TEXAS Construction Type: BUILDING County(ies) : LUBBOCK BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories). (Use current heavy & highway general wage determination for Paving & Utilitie_s Incidental to Building Construction). ' Modification Number Publication Date 0 03/01/2002 1 04/05/2002 2 06/07/2002 '. 3 01/24/2003 4 04/04/2003 so' COUNTY (ie s) LUBBOCK 16 CARP1884A 07/01/1993 Rates Fringes CARPENTERS 12.50 2.73 MILLWRIGHTS ------------------------------------------------------------- 13.00 2.73 PM ELEC0850A 05/29/1597 Rates Fringes ELECTRICIANS ---------------------------------------------------------------- 15.25 3.20+3.75% PLUM0629A 06/01/2002 Rates Fringes -PLUMBERS ----------------------------------------------------------------- 18.20 4.45 * SFTX0669A 04/01/2003 Rates Fringes SPRINKLER FITTERS ------------------ =--------------------------------------------- 25.17 6.60 SUTX2048A 03/16/1992 Rates Fringes ACOUSTICAL CEILING AND DRYWALL MECHANICS 10.00 .25 BRICKLAYERS 11.74 GLAZIERS 9.50 LABORERS 5.95 LATHERS 11.17 MASON TENDERS 6.25 PAINTERS 10.50 PLASTERERS 11.17 POWER EQUIPMENT OPERATORS: Backhoe 10.50 .42 ROOFERS 9.71 SHEET METAL WORKERS (Including duct work) 8.80 .69 ----------------------------------------------------------------- WELDERS - Receive rate prescribed for the craft performing operation to which welding is incidental. - -=------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) Ui) ) . In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.. I IN WAGE DETERMINATION APPEALS PROCESS 1..) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * 'a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 1.) should be followed. With regard to any other.matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 1 1 1 1 1 1 1 1 cn z 0 Q _U LL_ U W a. m m w m m m w m m m m w m m m m m STUBBS SKATE PARK SPECIFICATIONS SECTION 1 - GENERAL A. Drawings Bidder shall submit a proposed layout utilizing the Required Equipment. Equipment layout shall conform to industry standards for spacing and placement of obstacles. A plan view of the proposed layout shall be submitted on vellum and on CD (Dxf version 12). Structural drawings of the composite structures shall also be submitted for review. Structural drawings shall be stamped by a registered professional engineer (Tx). B. Product data Submit manufacturer's product literature indicating materials, finish, and other information required to demonstrate compliance with specifications. All skate surfaces shall meet or exceed the following specifications: Water absorption 2.15%; Tensile strength 19,200 psi "X" & 13,100 psi "Y"; Flexural strength (Face in tension) 22,000 psi "X" & 17,300 psi "Y"; Flexural strength (Edge in tension) 20,400 psi "X" & 16,100 psi "Y"; Hardness (ASTM-D 2240); Impact strength (Face) 2.48 ft Ib per inch of width "X" & 1.46 ft lb per inch of width "Y"; Impact strength (Edge) 0.68 ft lb per in of width "X" & 0.62 ft lb per inch of width "Y"; Thermal expansion 5.2 "X" & 12.8 "Y". If equipment is other than specified, a component by component description of variations from the specifications must be included with the manufacturer's literature. C. Samples Submit samples of skating surfaces (and substrate if applicable) along with specifications for water absorption, tensile strength, flexural strength, hardness, impact strength and thermal expansion. D. Warranty As a minimum, manufacturer shall provide proof of: • Twenty-year limited warranty on all metal structures. • Five-year limited warranty on galvanized steel approach plate. • Five-year limited warranty on skating surface product. • Lifetime limited warranty on hardware. • One-year limited warranty on all other parts. Page 1 of 3 E. Quality Assurance 1. Manufacturer: At least ten completed skate parks constructed with the same materials and construction techniques. Upon request, provide list of completed structures to the Owner's Representative with skate park owner's name, address, phone, and representative's name. 2. Lead Installer: At least ten completed skate parks constructed with the same materials and construction techniques. Upon request, provide list of completed structures to the Owner's Representative with skate park owner's name, address, phone, and representative's name. SECTION 2 — PRODUCTS A. Manufacturers The equipment shall be by Spohn Modular Skate Parks, or approved equal. B. General All steel frameworks shall be hot dipped galvanized after fabrication. All galvanizing coating shall meet or exceed the specifications of ASTM 123-89-A. The framework shall be welded by an AWS certified welder, or approved equal. No framework, hardware, guardrails, skating surfaces, substrates, side panels, or any other part may be painted or powder coated (Exception: spot welds for joining of frames in field may be spray painted). Skating surfaces shall not be metal, except for approach plates which shall be %" thick galvanized steel plate; and edge strips. All sides and backs of equipment shall be closed (Exception: sides that will not be accessible due proximity of other equipment). Guardrails shall be provided on all decks. All base plates shall anchor directly into the concrete surface and shall be adjustable for height ISECTION 3-INSTALLATION A. General The equipment will be installed on an existing concrete slab (see attached Drawing 1). Waste disposal services and a secure area for storage of skate park equipment and tools, prior to and during installation, shall be provided by bidder. As a minimum requirement, the site shall be secured by temporary fencing installed between sections of the existing fence. Such temporary fencing shall be 6' min chain link fence. Damage caused to turf, trees, asphalt, curb and gutter, existing fencing, lighting or sprinklers shall be repaired at no cost to the Owner. Page 2 of 3 �J 1 ' ■ B. Required Equipment (see attached Drawings 2 & 3) Note: Terminology/equipment names may vary by manufacturer. Refer to drawings for clarification. 6' Height Half pipe*, 8' wide x 28' long (excluding decks). 8' radius. 2 required. 5' Height Banked wedge*, 8' wide. 5 required, 3 w/standard decks, 2 w/common hipped ("L" shaped ) deck. Kicker wedge(T *), 4' wide. 1 required. (A Kicker Wedge is described as a wedge w/3 skating surfaces, a lower concave surface, a short horizontal middle surface, and an upper straight sloped surface adjacent to the deck). 4' Height Quarterpipe*, 8' wide. 7' radius. 2 required. Banked wedge*, 8' wide. 3 required, 1 w/standard deck, 2 w/common hipped deck. 2' Height Fun box, 8' wide x 24' long, 1 required. (A Fun Box is described as an upper deck w/two opposing ramps) Fun Box w/double kinked grind rail. 2 required. Speed bump**, 8' wide x 14' long. 1 required. (A Speed Bump is described as having two lower opposing concave surfaces phasing into one upper convex surface along the direction of travel). 18" Height Manual box**, 8' wide x 12' long, (A Manual Box is described as a box w/a lower deck that is 8" in height, and an upper rectangular "planter" that is 18" high x 24" wide; and w/a ramp leading from the concrete surface to the lower deck). 1 required. Double kinked free standing grind rail, 18' long, (upper kink 18" high). 1 required. * Deck of same height is assumed to be included; decks shall be 4' front to back, minimum. ** Indicates items for which like items (similar complexity and value) may be substituted. Page 3 of 3 m TURF--v ---------------------------- EXISTING TENNIS COURT FENCING (TYP) TURF TURF EDGE OF EXISTING CONCRETE 40' TO PAVED SURFACE EDGE OF EXISTING CONCRETE ------------------------------- �� T U R F may/ REFERENCED NOTES 10--s►CRACK IN CONCRETE. AREA SHALL NOT BE USED FOR SKATE SURFACE; EQUIPMENT SHOULD COVER OR AREA SHOULD BE EXCLUDED FROM USE. 10 0 20 40 a �®�� �� SKATE PARK SITE PLAN DRAWING 1 I PLAN HALF PIPE PLAN BANKED WEDGE PLAN QUARTER PIPE PLAN KICKER WEDGE a 1 B' J PLAN a BANKED WEDGES W/HIPPED DECK 0 1 J 0 PLAN MANUAL BOX SECTION HALF PIPE SECTION BANKED WEDGE SECTION QUARTER PIPE SECTION KICKER WEDGE SECTION A -A' SECTION B'B' BANKED WEDGES W/HIPPED DECK SECTION C-C' MANUAL BOX SECTION D-D' MANUAL BOX SKATE PARK DETAILS NOT TO' SCALE I-T PLAN FUN BOX PLAN FUN BOX W/DBL KINKED GRIND RAIL 0 PLAN SPEED BUMP SECTION FUN BOX SECTION FUN BOX W/DBL KINKED GRIND RAIL SECTION SPEED BUMP SECTION DOUBLE KINKED FREE STANDING GRIND RAIL SKATE PARK DETAILS NDRAWING 3 OT TO SCALE