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1h. Approve P&S L,Ann PlaygrndCITYOF CHANHASSEN 7700 Markd Boulevard PO Bcx 147' C!anhassen MN 55317 Administration P'-~,:~qe 952227 1100 ha,, 9,,2 2~_, 1110 Building Inspections P ?ar e: 9522271180 Fax 952 2271190 Engineering PI 'one: 952227 1160 Fdx 952 ~2, 11~0 Finance Phone 952 227 1140 Fax 952227 1110 Park & Recreation Phone 952227 1120 Fax 952 22711!0 Recreatior' Center 2310 Coulter [¢oulevard Px)r e: 952 ~7 1400 Fax 9522271404 Planning & Natural Resources Phone 9522271130 Fax: 9522271110 Public Works 1591 Park Road Phone: 9522271300 Fax 952 227 1310 Senior Center Phoqe 952227 1125 Fax: 9,~= 2~/1110 Web Site chanhassen rxi:l us MEMORANDUM TO: FROM: DATE: Todd Gerhardt, City Manager Todd Hoffman, Park and Recreation Director April 19, 2004 SUB J: Request for Approval of Plans and Specifications and Authorization to Advertise for Bids, Lake Ann Park Playground The 2004 Capital Improvement Program included new playgrounds for Bandimere Community Park, Meadow Green Park, and Lake Ann Park. Two weeks ago, the City Council authorized the purchase of the playgrounds for Bandimere Community Park and Meadow Green Park. These two playgrounds were selected through a competitive design process. The Lake Ann Playground, valued in excess of $50,000, requires a public bid. Attached please find a project manual for the Lake Ann Park Playground Equipment. The playground design specified in the manual was also selected through a competitive process. Four different consultants for playground manufacturers submitted proposals for consideration. A playground design selection committee, comprised of Park and Recreation Commission members, recommended that the design submitted by Flanagan Sales be utilized in the bid documents. Competing companies will be considered as substitutions and an addendum will be issued if they are approved as equals. The selected design will provide a very exciting playground structure at one of the city's most active parks. Please note that the bid package is solely for the purchase of the equipment. Installation will be carried out by Park Maintenance crews. RECOMMENDATION It is recommended that the City Council approve the attached plans and specifications for the Lake Ann Park Playground and authorize advertisement for bids. ACTION REQUIRED Approval of this item requires a simple majority vote of those city council members present. ATTACHMENTS Project Manual The City of Chanhassen, A growiog commumty with clean lakes, qual ty schools a charr.ntno dowrltown thrivir~q businesses .¢,.irdinq tra~ s .~n ] L:eau[it i )7'rks A it la::;e [,c, k Capital Improvement Program City of Chanhassen, MN 2004 thru 2008 IProject # PK&T'032 Project Name Playground Replacement: Lake Ann Park Type Equipment Priority n/a Useful Life Contact Category Park Department Park & Trail Improvements Trade-In Value Total Project Cost $90,000 Description ] Replacement of existing wood playground structure. JustificatiOn Fhe existing wood structure was installed over 15 years ago and does not currently meet the following federal guidelines and/or taws for safety and accessibility; 2onsumer Products Safety Conmfission (CPSC), American Society for Testing and Materials (ASTM), and Americans with Disabilities Act (ADA). This ?layground poses a serious liability risk for the city and needs to be replaced. Expenditures 2004 2005 2006 2007 2008 Total Equipment 90,000 90,000 Total 90,000 90,000 Funding Sources 2004 2005 2006 2007 2008 Total Certificates of Indebtedness 90,000 90,000 Total 90,000 90,000 Operational Impact/Other ] This project will increase annual operating costs by an estimated $500. Operating Budget Impact 2004 2005 2006 2007 2008 Total Maintenance 500 500 500 500 2,000 Total 5o0 ,500 5o0 500 2,000 79 Project Manual Lake Ann Park Playground Equipment City of Chanhassen Park and Recreation Department Chanhassen, Minnesota April 26, 2004 Hoisington Koegler Group Inc. 123 North 3rd Street, Suite 100 Minneapolis, Minnesota, 55401 Tel. 612.338.0800 Fax. 612.338.6838 TABLE OF CONTENTS ADVERTISEMENT FOR BIDS INFORMATION FOR BIDDERS BID SCHEDULE BID BOND FORM OF NON-COLLUSION AFFIDAVIT FORM OF CONTRACT DOCUMENT NOTICE OF AWARD NOTICE TO PROCEED GENERAL CONDITIONS SPECIAL CONDITIONS IB-I to IB-4 GI to G26 SC1 TECHNICAL SPECIFICATIONS 2460 PLAYGROUND EQUIPMENT 2460-1 to 2460-11 CITY OF CHANHASSEN PARK AND RECREATION DEPARTMENT NOTICE OF ADVERTISEMENT FOR BIDS LAKE ANN PARK PLAYGROUND EQUIPMENT The City of Chanhassen Park and Recreation Department will receive sealed bids for supplying playground equipment for Lake Ann Park. The park is located on West 78th Street approximately one-half mile west of Powers Boulevard (County Road 17). Sealed bids will be received at the office of the City Clerk until 11 AM on Friday, May 21, 2004 at the Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen MN, 55317. Bids will be opened and publicly read aloud at 11 AM that same day. Proposals shall be made on the Bid Form furnished in the Project Manual, with the Bidder's signature in longhand. No oral, telephone or faxed proposals or modifications will be considered. All proposals shall be accompanied by a cash deposit, cashiers check, bid bond, or certified check made payable to the City of Chanhassen for not less than five percent (5%) of the base amount with each bid in accordance with the Information for Bidders. The City of Chanhassen reserves the fight to reject any and all proposals, to waive technicalities and to award the contract in the best interest of the City. No Bidder may withdraw a bid within sixty (60) days after the scheduled time of bid opening, without the written consent of the City. Contract Documents will be on file after the bid opening at City hall. Copies of Construction Documents may be obtained at the office of the Landscape Architect for a non-refundable processing fee of $40.00 (forty dollars): Hoisington Koegler Group Inc. 123 North 3rd Street, Suite 100, Minneapolis, Minnesota 55401. Contact Lil Leatham at (612) 252~7127 or (612) 338-0800. INFORMATION FOR BIDDERS o COPIES OF BIDDING DOCUMENTS 1.1 Complete sets of the Bidding Documents in the number and for the deposit sum stated in the Advertisement for Bids may be obtained from Hoisin.qton Koe.qler Group 123 North Thrid Street Minneapolis, MN 55401 (612) 252-7127 1.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Landscape Architect assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 1.3 Owner and Landscape Architect in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the work, each Bidder must be prepared to submit within five days of Owner's request written evidence of financial data, and previous experience. Each Bid must contain evidence of Bidder's qualification to do business in the State where the Project is located, or covenant to obtain such qualification prior to award of the Contract. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3.1 Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself/herself with local conditions that may in any manner affect cost, progress or performance of the work, (c) familiarize himself/herself with Federal, State, and Local laws, ordinances, rules, and regulations that may in any manner affect cost, progress or performance of the work, and (d) study and carefully correlate Bidder's observations with the Contract Documents. 3.2 Reference is made to the Special Provisions for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the work which have been relied upon by Landscape Architect in preparing the Drawings and Specifications. Copies of such reports are bound with the Specifications. These reports are not guaranteed as to accuracy or completeness, nor are they a part of the Contract Documents. Before submitting his/her Bid, each Bidder will, at his/her own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his/her Bid for performance of the work in accordance with the time, price, and other terms and conditions of the Contract Documents. 3.3 On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his/her Bid. 3.4 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he/she has complied with every requirement of this Article 3 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. INTERPRETATIONS. All questions about the meaning or intent of the Contract Documents shall be submitted to Landscape Architect in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by Landscape Architect as having received the Bidding Documents. Questions received less than four days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. BID SECURITY 5.1 Bid security shall be made payable to the Owner, in an amount as stated in the Advertisement for Bids of the Bidder's maximum Bid price, and in the form of a certified or IB-I bank check or a Bid Bond, issued by a Surety, meeting the requirements of paragraph 2.05 of the General Conditions. 5.2 The Bid Security of the three lowest Bidders will be retained until the successful Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Award. Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award (generally the second and third Iow Bidder) may be retained by the Owner until the earlier of the seventh day after the "effective date of the Agreement" (which term is defined in the General Conditions) by Owner to Contractor and the required Contract Security is furnished or the sixty-first day after the Bid opening. Bid security of other Bidders will be returned within seven days of the Bid opening. CONTRACT TIME. The number of days within which, or the date by which, the work is to be completed (the Contract time) is set forth in the Bid Form and will be included in the Special Provisions. LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the General Conditions, paragraph 8.03. SUBCONTRACTORS, ETC. 8.1 If the Bid Proposal or Supplementary Conditions require the identity of certain subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award, the apparent Successful Bidder, and any other Bidder so requests, will within seven days after the day of the Bid Opening submit to Owner a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification of each such subcontractor, person and organization if requested by Owner. If Owner or Landscape Architect after due investigation has reasonable objection to any proposed subcontractor, other person or organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any such substitution, the Contract shall not be awarded to such Bidder, but his/her declining to make any such substitution will not constitute grounds for sacrificing his/her Bid Security. Any subcontractor, other person or organization so listed and to whom Owner or Landscape Arhitect does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Landscape Architect. 8.2 In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award shall identify in writing to Owner those portions of the work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the work with Owner's written consent. 8.3 No Contractor shall be required to employ any subcontractor, other person or organization against whom he/she has reasonable objection. BID FORM 9.1 One Bid Form is attached hereto and is provided to each Bidder requesting Bid Documents. Additional copies may be obtained from the Landscape Architect. 9.2 Bid Forms must be completed in ink or by typewriter. The Bid Price of each item on the form must be stated in words and numerals; in case of a conflict, words will take precedence. 9.3 Bids by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and IB-2 10. 11. 12. 13. 14. the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 9.4 Bids by partnerships must be executed in the partnership name and be signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 9.5 All names must be typed or printed below the signature. 9.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the number of which shall be filled in on the Bid Form). 9.7 The address to which communications regarding the Bid are to be directed must be shown. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Invitation to Bid or Advertisement for Bids and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. Bids arriving at the designated place after the designated time will be returned to the Bidder unopened. MODIFICATION AND WITHDRAWAL OF BIDS 11.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 11.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his/her Bid, that Bidder may withdraw his/her Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the work. OPENING OF BIDS. When Bids are opened publicly, they will be read aloud and an abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids BIDS TO REMAIN OPEN. All Bids shall remain open for sixty days after the day of the Bid opening, but Owner may, in his/her sole discretion, release any Bid and return the Bid Security prior to that date. AWARD OF CONTRACT 14.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate Contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive or conditional Bids. The quantities shown on the Bid Form are estimated and are furnished only as a basis to prepare a Bid and to determine the lowest Bidder. The Bid Price shall be determined by multiplying the unit price bid per item times the estimated quantity per item. The sum total of all Bid Prices shall be the Contract Price and the basis for determining the lowest Bid. Discrepancies between words and figures in a unit price bid will be resolved to harmonize with the Bid Price. If neither the words or figures in the unit price harmonize with the Bid Price, the words will be used as the unit price bid. 14.2 In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid Forms. It is Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form but Owner may accept them in any order or combination. IB-3 15. 16. 14.3 Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions. Operating costs, maintenance considerations, performance data and guarantee of materials and equipment may also be considered by Owner. 14.4 Owner may conduct such investigations as he/she deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 14.5 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. 14.6 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 14.7 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty days after the date of the Bid opening or other specified date. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least three unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen days thereafter, Contractor shall sign and deliver at least three counterparts of the Agreement to Owner with all other Contract Documents attached. Within ten days thereafter, Owner will deliver all fully signed counterparts to Contractor. Landscape Architect will identify those portions of the Contract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties. SPECIAL LEGAL REQUIREMENTS. Special Legal Requirements, if any, will be included in the Special Provisions. END OF DOCUMENT IB-4 BID FORM PROJECT: LAKE ANN PARK PLAYGROUND EQUIPMENT OWNER: CITY OF CHANHASSEN OPENING DATE: May 21,2004 11:00am LANDSCAPE ARCHITECT: HOISINGTON KOEGLER GROUP INC. I hereby agree to supply the playground equipment as specified including tax, freight and all other miscellaneous costs and to supervise the installation of the equipment, if requested by the City, for as many days as necessary for the following Lump Sum Fee: (sum written ) BY SIGNING THIS BID FORM, I AGREE TO SUPPLY AND DELIVER THE SPECIFIED EQUIPMENT TO THE CITY OF CHANHASSEN WITHIN 6 WEEKS OF RECEIPT OF THE NOTICE TO PROCEED RECEIPT OF ADDENDA Addenda: The following addenda have been received. Modifications to the Bid Documents noted therein have been considered and all costs thereto are included in the bid price. ADDENDUM # DATED ADDENDUM # DATED ADDENDUM # DATED RESPECTFULLY SUBMITTED: SIGNATURE DATE COMPANY TITLE (SEAL -IF BID IS BY A CORPORATION) ADDRESS ATTEST PHONENUMBER FAX NUMBER BID BOND KNOW ALL MEN BY THESE PRESENTS, which we, the undersigned, as Principal, as Surety Are hereby held and firmly bound unto as OWNER in the penal sum of for the payment Of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors And assigns. Signed, this day of 20__. The condition of the above obligation is such that whereas the Principal has submitted to A certain BID, attached hereto and hereby made a part to enter into contract on writing, for the NOW THEREFORE, a) If said BID shall be rejected, or b) If said BID shall be accepted and the Principal shall execute and deliver a contract, in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREFOR, the Principal and Surety have hereto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal (L.S) Surety By: Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute Bond. Important: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where project is located. FORM OF NON-COLLUSION AFFIDAVIT (MUST BE SUBMITTED WITH BID PROPOSAL) Affidavit of Non-Collusion: I hereby swear (or affirm) under the penalty for perjury: 1.1 That I am the bidder (if the bidder is an individual), a partner in the bidder partnership (if the bidder is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation). 1.2 That the attached bid or bids have been arrived at by the bidder independently, and have been submitted without collusion with, and without, any other vendor of materials, supplies, equipment, or other services described in the invitation to bid, designed to limit independent bidding or competition. 1.3 That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the bids or bids; and 1.4 That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed Firm Name Address FORM OF CONTRACT DOCUMENTS THIS AGREEMENT made the __ day of in the year __ by and between hereinafter called the Contractor, and the City of Chanhassen, Minnesota, hereinafter called the Owner. WITNESSETH, that the Contractor and the Owner for the consideration hereinafter named agree as follows: ARTICLE 1. The Contractor agrees to provide all the materials, equipment and labor necessary for the complete construction of all the work shown on the drawings and described in the specifications prepared by , for and to do everything required by the specifications and the drawings. ARTICLE 2. The Contractor agrees that the work contemplated by this contract shall be entirely completed on or before ARTICLE 3. The Owner agrees to pay the Contractor in current funds for the performance of this contract the sum of Dollars ($ subject to the additions and deductions as provided for in the specifications and to make payments on account of the contract as provided for in the specifications, except as hereinafter stated: ARTICLE 4. The Contractor and the Owner agree that the Legal and Procedural Documents (Advertisement for Bids, Information for Bidders, Bid, Proposal Guaranty, Contract, Affidavit of Non- Collusion, Certificate of Insurance, Notice of Award, and Notice to Proceed), Special Provisions, Specifications, General Conditions, Plans, Addenda and Supplemental Agreements & Change Orders, together with this agreement, form the contract and that such documents, specifications and drawings are as fully a part of the contract as if attached or herein repeated. The Contractor and the Owner agree that the following is a complete list of the drawings and specifications: The Contractor and the Owner for themselves, their successors, executors, administrators and assigns hereby agree to the full performance of the covenants herein contained. IN WITNESS WHEREOF they have hereunto set their hands and seals the day and year first above written. In the presence of: Contractor City of Chanhassen, MN NOTICE OF AWARD TO: Dated ., 20 ADDRESS: (BIDDER) PROJECT OWNER'S CONTRACT NO. CONTRACT FOR You are notified that your Bid dated , 20 or the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for The Contract Price of your contract is and xx/100 ............................................................................... Dollars ($. copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by ,20 1.1 You must deliver to the OWNER fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature. 1.2 You must deliver with the executed Agreement a Certificate of Insurance as specified in the General Conditions. NOTICE TO PROCEED TO: (CONTRACTOR) ADDRESS: PROJECT Dated ., 20 OWNER'S CONTRACT NO. CONTRACT FOR You are notified that the Contract Times under the above contract will commence to run on .20 . By that date, you are to start performing your obligations under Contract Documents. In accordance with Article 3 of the Agreement the dates of Substantial Completion and completion and readiness for final payment are ,20__, and ., 20__. Before you may start any Work at the site, you must ACCEPTANCE OF AWARD CITY OF CHANHASSEN (OWNER) By: (AUTHORIZED SIGNATURE) (TITLE) (CONTRACTOR) By: (AUTHORIZED SIGNATURE) (TITLE) (DATE) 2004 GENERAL CONDITIONS TABLE OF CONTENTS SECTION 1.00 - DEFINITIONS ....................................................................................................... 3 SECTION 2.00 - BIDDING REQUIREMENTS AND CONDITIONS 2.01 2.02 2.03 2.04 2.05 2.06 2.07 Qualifications of Bidders .................................................................................................. 7 Contract Document Interpretations ................................................................................... 8 Interpretation of Quantities in Bid Schedule .................................................................... 9 Submission of Proposal .................................................................................................... 9 Proposal Guarantee ........................................................................................................... 9 Affidavit of Non-collusion .............................................................................................. 10 Withdrawal of Proposals ................................................................................................. 10 SECTION 3.00 - AWARD AND EXECUTION OF CONTRACT 3.01 Evaluation of Proposals .................................................................................................. 1 I 3.02 Contract Award and Execution ....................................................................................... 11 3.03 Failure to Execute Contract ............................................................................................ 12 SECTION 4.00 - SCOPE OF WORK 4.01 4.02 4.03 4.04 Additional Instructions .................................................................................................... 13 Changes or Alterations in the Work ............................................................................... 13 Oral Agreements ............................................................................................................. 13 Interpretations and Change Orders ................................................................................. 14 SECTION 5.00 - CONTROL OF WORK 5.0l 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 Landscape Architect's Responsibility and Authority ..................................................... 15 Intent of Plans and Specifications ................................................................................... 16 Shop Drawings ................................................................................................................ 16 Dimensions ...................................................................................................................... 16 Adequacy of Plans and Specifications ............................................................................ 16 Conflict ............................................................................................................................ 16 Discrepancies in Plans .................................................................................................... 17 Separate Contracts ........................................................................................................... 17 Inspectors ........................................................................................................................ 17 G-I 5.10 Examination of Completed Work ................................................................................... 17 5.11 Owner's Right to Correct Deficiencies ........................................................................... 17 SECTION 6.00 - CONTROL OF MATERIALS AND WORKMANSHIP 6.01 6.02 6.03 6.04 6.05 6.06 Quality of Equipment and Materials .............................................................................. 19 Testing ............................................................................................................................. 19 Manufacturer's Directions ............................................................................................... 20 Rejected Work and Materials ......................................................................................... 20 Materials Furnished by the Owner ................................................................................. 20 Materials Furnished by the Contractor ........................................................................... 20 SECTION 7.00 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 7.01 Insurance ......................................................................................................................... 22 SECTION 8.00 - PROSECUTION AND PROGRESS 8.01 Delays & Extension of Contract Time ........................................................................... 23 8.02 Construction Schedule & Liquidated Damages ............................................................. 23 8.03 Owner's Right to Terminate Contract & Complete the Work ....................................... 24 8.04 Contractor's Right to Terminate Contract ....................................................................... 26 G-2 SECTION 1.00 - DEFINITIONS 1.01 GENERAL: For the purposes of the Contract Documents and any documents or instruments dealing with the construction, operations governed by these documents, the terms defined in this section have the meanings given them. 1.02 ADDENDUM: A supplement to the proposal form as originally issued or printed, covering additions, corrections, or changes in the bidding conditions for the advertised work, that is issued by the Contracting Authority to prospective bidders prior to the date set for opening of proposals. 1.03 BID: The written offer or copy thereof of a bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed bid form properly signed and guaranteed. 1.04 BIDDER: An individual, firm, partnership or corporation, or combination thereof, submitting a bid for the work contemplated and acting directly or through a duly authorized representative. 1.05 CALENDAR DAY: Every day shown on the calendar. 1.06 CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the contract price or time of completion. 1.07 CONTRACT: The written agreement between the Contracting Authority and the Contractor setting forth their obligations, including, but not limited to, the performance of the work, the furnishing of labor and materials, the basis of payment, and other requirements contained in the Contract Documents. The Contract Documents consist of the following: (1) Legal and Procedural Documents (a) Advertisement for Bids (b) Information for Bidders (c) Bid (d) Proposal Guaranty (e) Contract (f) Affidavit of Non-Collusion (g) Certificate of Insurance (h) Notice of Award (i) Notice to Proceed (2) Special Provisions (3) Specifications (4) General Conditions (5) Plans G-3 (6) Addenda (7) Supplemental Agreements & Change Orders 1.08 CONTRACT PRICE: The total moneys payable to the Contractor under the terms and conditions of the Contract Documents. 1.09 CONTRACTOR: The person, firm or corporation with whom the Owner has executed the contract agreement. 1.10 DRUG AND ALCOHOL TESTING: Refers to the Federal Highway Administration (FHWA) drug use and alcohol testing rules published February 15, 1994, which apply to persons required to have a commercial drivers license (CDL). 1.11 CITY ENGINEER: The City of Chanhassen's employee in charge of overseeing all capital projects and engineering matters. 1.12 FIELD ORDER: A written order affecting a change in the work not involving an adjustment in the contract price or an extension of the contract time, issued by the Landscape Architect to the Contractor during construction. 1.13 GOVERNMENTAL AGENCY: A governmental unit other than the Owner having jurisdiction of the premises. 1.14 INSPECTOR: An authorized representative of the Landscape Architect, assigned to make any or all necessary inspections of the work performed and the materials furnished by the Contractor. 1.15 LABORATORY: The testing laboratory of the Owner or any other testing laboratory which may be designated by the Owner. 1.16 LANDSCAPE ARCHITECT: The duly authorized representative of the Owner, acting directly or through his designated representatives who have been delegated the responsibility for project administration. 1.17 NOTICE OF AWARD: The written notice of the acceptance of the bid issued by the Owner to the successful bidder. 1.18 NOTICE TO PROCEED: The written notice issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of commencement of the work. 1.19 OWNER: A private, public or quasi-public body or authority, corporation, association, partnership, or individual for whom the work is to be performed. 1.20 PLANS: The official drawings, plans, profiles, typical cross sections and supplemental drawings, or reproductions thereof, prepared by the Landscape Architect, which show the location, character, dimensions and details of work to be G-4 performed. All such drawings, as listed elsewhere in the Contract Documents, are a part of the plans whether attached to the Contract Documents or separate therefrom. 1.21 PROJECT: The undertaking to be performed as provided in the Contract Documents. 1.22 PROPOSAL FORM: The approved form on which the contracting authority requires bids to be prepared and submitted for the work. 1.23 PROPOSAL GUARANTY: The security furnished with a bid to guarantee that the bidder will enter into the Contract if the bid is accepted. 1.24 SHOP DRAWINGS: All drawings, diagrams, framework plans, falsework plans, erection plans, illustrations, brochures, schedules and other data which are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributor, which illustrate how specific portions of the work shall be fabricated or installed. 1.25 SPECIAL PROVISIONS: Contract requirements specific to the project which are not otherwise thoroughly or satisfactorily detailed and set forth in the detail specifications or plans. 1.26 SPECIFICATIONS: The directions, provisions, and requirements contained herein, together with all written agreements made or to be made pertaining to the method and manner of performing the work, or to the quantities and qualities of materials to be furnished under the contract. 1.27 SUBCONTRACTOR: An individual, firm, or corporation to whom the contractor sublets part of the Contract. 1.28 SUBSTANTIAL COMPLETION: That date as certified by the Landscape Architect when the construction of the project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the project or specified part can be utilized for the purposes for which it is intended. 1.29 SUPPLEMENTAL GENERAL CONDITIONS: Modifications to generate conditions required by a local, state or federal agency for participation in the project and approved by the agency in writing prior to inclusion in the Contract Documents. 1.30 SUPPLIER: Any person, or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. 1.31 SURETY: The person, firm, or corporation who executes the proposal guaranty or the contract bond. 1.32 TIME OF COMPLETION: The date set in Contract Documents for completion of the work; or number of working or calendar days after notice to proceed set out in Contract Documents (See also Section 8.01 of the General Conditions). G-5 1.33 WORK: The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all duties and obligations imposed by the contract upon the Contractor. 1.34 WORKING DAYS: Any day, excluding Saturday, Sunday or State recognized Legal Holidays, when weather conditions or the results of weather conditions will allow the Contractor to pursue, for two hours between 8:00 a.m. and 4:30 p.m. with the normal working force, any item or items of work which would be in progress at that time. G-6 SECTION 2.00 - BIDDING REQUIREMENTS AND CONDITIONS 2.01 QUALIFICATIONS OF BIDDERS: If requested, bidders must present satisfactory evidence that they are familiar with the class of work specified, and that they are provided with the necessary capital, tools, machinery and other equipment necessary to conduct the work and complete the improvement within the time specified in the proposal, in a good and workmanlike manner and to the entire satisfaction of the Owner. The Owner will review the qualifications and experience of bidders after bids are opened and before a contract is awarded, to determine if the bidder is "responsible." A "responsible" bidder is a bidder qualified to do the work. This will be determined by assessing the bidder's skill, resources, experience, successful performance of similar contracts (on time and on budget), and all other matters bearing upon the likelihood that the contract will be successfully completed. In all cases where a bidder is unknown or where there are any questions about the qualifications of the bidder, the following information may be required of the apparent low bidder: Identify all similar public projects in which you were the contractor. If you have had more than five such contracts, list only the last five contracts, and as to each contract identified, provide the following information: Project Description: Date: Contact Person at City/County/State: Were change orders in excess of 5% requested? If yes, explain the circumstances. Were liquidated damages assessed? If yes, explain the circumstances. Was the project completed on schedule? If no, explain the circumstances. Describe all construction arbitration claims and any construction or project litigation in which you have been a party in the last five years. Identify all public projects you have had with the City of Chanhassen in the last five years. In the last five years, has a bonding company ever refused to issue you a performance bond? If yes, explain the circumstances. 5. In the last five years, have any claims been filed against a performance or G-7 payment bond that you have provided a public entity? If yes, explain the circumstances. o In the last five years, has your firm or any of its owners or employees been fined by a federal or state agency for a contract or workplace matter (such as wage or hour or safety violations), or debarred under Part 29, Title 49 CFR or any other law from submitting bids on public projects? If yes, explain the circumstances. In the last five years, has your firm or any of its owners or employees been charged or convicted of a crime involving the awarding, bidding or performance of a government contract? If yes, provide full details. The bidder agrees that they are fully responsible to the Owner for the acts and omissions of any proposed subcontractors and of persons either directly or indirectly employed by them, as they are for the acts and omissions of persons directly employed by them. Failure on the part of any bidder to can'y out previous contracts satisfactorily, or lack of experience or equipment necessary for the satisfactory completion of the project, may be deemed sufficient cause for disqualification. 2.02 CONTRACT DOCUMENT INTERPRETATIONS: All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and the Contractor shall be responsible for familiarizing themselves with all permits, bond and other requirements for the work to be performed. All work shall be performed in accordance with the most recent version of the City of Chanhassen Standard Specifications and Detail Plates. In the event a work item is not addressed in the Chanhassen Standard Specifications and Detail Plates, the most recent version of the Minnesota Department of Transportation Standard Specifications shall govern. Whenever reference is made to the Minnesota Department of Transportation Standard Specifications, the word "Owner" shall be substituted for "State" and "Department" where appropriate and the word "Landscape Architect" is understood to refer to the Landscape Architect for the Owner. The City of Chanhassen Standard Plates included as part of these Specifications take precedence over the Minnesota Department of Transportation Standard Plates in all instances of conflict. If any person contemplating the submitting of a bid for a proposed contract is in doubt as to the true meaning of any part of the plans, specifications or other proposed Contract Documents, they may submit to the Landscape Architect a written request for an interpretation thereof at least three days prior to the scheduled bid opening. The persons submitting the request will be responsible for prompt delivery to the Landscape Architect. Any interpretation of the proposed documents shall be made by addendum, duly numbered and dated. A copy of such addendum will be sent certified mail, return receipt requested, when there are five mail delivery G-8 2.03 2.04 2.05 days before the bid opening to each prospective bidder who had received a set of documents prior to the date of the addendum, and each bidder shall acknowledge receipt of that addendum on their proposal form. Addenda will not be mailed within five mail delivery days of the bid opening. Plan holders will be asked to pick up materials at the Landscape Architect's office or when available, can receive the materials via facsimile. Such addendum will be attached to all documents issued after the date of the addendum and shall remain a part thereof. The Owner and Landscape Architect will not be responsible for any other explanation or interpretation. The Owner reserves the right to modify the plans, specifications, special provisions, or proposal at any time prior to bids being opened, in accordance with the procedures for issuance of an addendum. All proposals shall be made and received with the express understanding that the Bidder accepts the terms and conditions contained in these instructions and the plans and specifications, forms of contract and bond, and any other Contract Documents referred to herein. If, after the bids have been delivered to the Owner, any difference of opinion shall arise as to the true intent or meaning of any part of the specifications, the decision of the Landscape Architect shall be final, conclusive, and binding on all parties. INTERPRETATION OF QUANTITIES IN BID SCHEDULE: The schedule of quantities is approximate only and is assumed solely for the purpose of comparing bids. The quantities on which payment will be made to the Contractor are to be determined by measurements of the work actually performed by the Contractor as specified in the Contract Documents. SUBMISSION OF PROPOSAL: Sealed bids will be received by the Owner up to the date and hour as specified in the Advertisement for Bids at the office of the Owner or as otherwise specified. Bids received after the time specified shall be returned unopened. All bids must be in ink upon the bid form included in the Specifications with a given price for each item and aggregate amount for the work, and must be signed and acknowledged by the bidder in accordance with the directions on the bid form. If a separate proposal form is provided, this separate form is to be submitted, not the form bound into the specification book. In order to ensure consideration, the bid shall be enclosed in a sealed envelope addressed to the Owner and clearly marked as to the time and date of bid opening, the name of the project, and name and address of bidder. PROPOSAL GUARANTY: Each bid shall be accompanied by a Proposal Guaranty in the form of a money order, certified check or bid bond, payable to the order of the owner in an amount not less than five percent (5%) of the total amount of the bid. No bid will be considered unless accompanied by the Proposal Guaranty. G-9 In case alternate bids are called for, one Proposal Guaranty in the amount of five percent (5%) of the total amount of the highest bid alternative will be sufficient for all bids. As soon as the bids have been tabulated, all Proposal Guarantees shall be returned to the bidders, except those of the three lowest responsible bidders, which shall be returned after the agreement is executed and the required bonds and insurance received, approved, and accepted by the Owner. 2.06 AFFIDAVIT OF NON-COLLUSION: Each bidder shall submit with his proposal, an affidavit of non-collusion, signed by one of the officers of the firm and notarized. The Affidavit to be used is bound into these Contract Documents. A sample affidavit is included in the attachments. 2.07 WITHDRAWAL OF PROPOSALS: Any bid may be withdrawn or modified prior to the schedule time for the opening of bids or authorized postponement thereof. After the time set for opening of the bids, no bidder may, without the consent of the Owner, withdraw their bid or claim extra compensation or damages for any error or omission made by said bidder in preparing their bid, for a period of 60 days. Bid guarantees may be held by the Owner for said 60 days until all of the bids submitted have been canvassed, a contract awarded and executed, and the required bonds and insurance furnished and approved. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidder. G-10 SECTION 3.00 - AWARD AND EXECUTION OF CONTRACT 3.01 EVALUATION OF PROPOSALS: The bids from each responsible bidder will be considered on the basis of the amounts as shown on the bid form, and awarded to the lowest bidder determined by correctly adding the products resulting from correctly multiplying the quantities stated by the unit prices bid therefore, and as otherwise described in the Special Provisions when alternate bids are included in the proposal form. The prices are to include the furnishing of all materials, all labor and services necessary or proper for the completion of work, except such as may be otherwise expressly provided in the Contract Documents. The Owner reserves the right to reject any or all bids or to accept the bid deemed in the best interest of the Owner. Without limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular may be rejected; any bid having erasures or corrections in the price sheet may be rejected; any bid which omits an amount on any one or more items in the price sheet may be rejected; any bid in which unit prices are obviously unbalanced may be rejected; any bid accompanied by an insufficient or irregular bid bond may be rejected; any bid which omits acknowledgment of the receipt of addenda may be rejected. The Owner may make such investigations as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Agreement and to complete the work contemplated therein. All bids shall be subject to review and approval of the Owner. 3.02 CONTRACT AWARD AND EXECUTION: Following acceptance of the bid by the Owner, a "Notice of Award" letter will be mailed to the Contractor together with the prepared contract agreements for signature and return. A notice to proceed shall be issued within 10 calendar days of the execution of the Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the 10 calendar day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Notice of Award letter is not an order to proceed. The Contractor will have no authority to perform work under this contract until all Contract Documents as indicated above are properly completed and placed on file at the Owner's Offices and a Notice to Proceed is issued by the Owner. A Notice to Proceed with the work under this project will be sent to the Contractor upon satisfaction of the above-indicated requirements. G-Il 3.03 FAILURE TO EXECUTE CONTRACT: Failure on the part of the successful bidder to execute the Contract, furnish an acceptable bond, or comply with any other requirements imposed precedent to the Contract, within the time allowed, shall be considered just cause for cancellation of the award and forfeiture of the Proposal Guaranty, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible bidder, or the work may be re- advertised or otherwise performed at the discretion of the Owner. G-12 SECTION 4.00 - SCOPE OF WORK 4.01 ADDITIONAL INSTRUCTIONS. If the instructions and plans are not sufficiently clear to permit the Contractor to proceed with the work, the Landscape Architect shall, upon the request of the Contractor, furnish additional written instruction, together with additional drawings as may be necessary. When such request is made by the Contractor, it must be in ample time to permit the preparation of the instructions and drawings by the Landscape Architect before the construction of the work covered by them is undertaken. Such additional instructions and drawings shall be consistent with the Contract Documents and shall have the same force and effect as if contained in the original Contract Documents. For the purpose of avoiding delays in the preparation of such additional instructions and drawings, the Landscape Architect and the Contractor shall jointly prepare a schedule showing the time for the commencement of the work to be included in them and the time the Contractor shall furnish the necessary shop drawings which may be necessary for their preparation. The Contractor shall do no work without proper drawings or instructions and shall replace any work not in accordance with such drawings and instructions at no additional cost. 4.02 CHANGES OR ALTERATIONS IN THE WORK: The Owner, without invalidating the contract, may order extra work or make changes by altering, adding to or deducting from the work; the contract sum being adjusted according to the respective unit bid prices. All such work shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. If the Contractor claims that any instructions by drawings or otherwise issued after the date of the contract involved extra cost under the contract, the Landscape Architect shall be given written notice thereof within seven days, after the receipt of such instructions, and in any event before proceeding to execute the work, except emergency endangering life or property, and the procedure shall then be as provided for elsewhere herein for changes in the work. No such claim shall be valid unless so made. In giving instructions, the Landscape Architect shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work but otherwise (except in an emergency endangering life or property) no extra work or change shall be made unless in pursuance of a written order by the Landscape Architect. 4.03 ORAL AGREEMENTS: No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the contract documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, signed by the parties to be bound or by the representatives of the parties authorized to enter into such a waiver or modification, and no evidence shall be introduced in any proceeding of any other waiver or modification. G-13 4.04 INTERPRETATIONS AND CHANGE ORDERS: No oral interpretation shall be made to the Contractor as to the meaning of any of the Contract Documents or to modify any of the provisions of the Contract Documents. Every request for an interpretation shall be made in writing and addressed and forwarded to the Landscape Architect. The Owner will not be responsible for any other explanation or interpretation of the plans and specifications. If unforeseen conditions require a change in the dimensions of a structure, location of underground pipes, or major variations of a similar nature from the original plans, necessitating exceeding the reasonable limits defined above, or being of the nature of a substantial departure from the original plans, such change shall be covered by a change order. The change order is to set forth in complete detail the nature of the change and reasons therefor. The compensation to be paid the Contractor and whether it is an addition or a reduction with respect to the original contract costs is also to be covered in detail. Should additional or supplemental drawings be required, they will be furnished by the Landscape Architect. G-14 SECTION 5.00 - CONTROL OF WORK 5.01 LANDSCAPE ARCHITECT'S RESPONSIBILITY AND AUTHORITY: The Landscape Architect is responsible for the general supervision and direction of the inspection. The Landscape Architect will decide all questions regarding: (a) Quality and acceptability of materials furnished and work performed. (b) Manner of performance and rate of progress of the work. (c) Interpretation of the Plans, Specifications, and Special Provisions. (d) Measurement, control of quantities, and the amount of an deductions or adjustments to be made in payment. (e) Acceptable fulfillment of all Contract Provisions on the part of the Contractor. The Landscape Architect is not responsible for the acts or omissions of the Contractor's superintendent or employees. The Landscape Architect shall, within a reasonable time after receiving written notification, make decisions in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. All such decisions of the Landscape Architect shall be final. Any dispute over $10,000 shall be settled in Carver County District Court. Failure to condemn any inferior material or work at the time of its use or construction shall not be construed as an acceptance of the same, but the Contractor shall upon notice from the Landscape Architect at any time prior to the final acceptance of the improvement immediately tear out, remove and properly reconstruct, at no cost to the Owner, any portion of this improvement which the Landscape Architect may decide to be defective and the Contractor will be held wholly responsible for the safety, proper construction and perfection of the entire improvement until the same has been finally accepted and paid for by the Owner. The Landscape Architect will make final inspection of all work included in the contract or any portion thereof, as soon as practicable after notification by the Contractor that such work is nearing completion. If such work is not acceptable to the Landscape Architect at the time of the inspection, the Contractor will be advised in writing as to the particular defects to be remedied before such work can be accepted. If, within a period of ten days after such notification, the Contractor has not taken steps to speedily complete the work as directed, the Landscape Architect may, without further notice and without in any way impairing the contract, make such other arrangements as deemed necessary to have such work completed in a satisfactory manner without regard to remaining contract completion time. The cost of completing such work shall be deducted from any moneys due, or which may become due the Contractor on the contract. G-15 5.02 5.03 5.04 5.05 5.06 INTENT OF PLANS AND SPECIFICATIONS: The intent of the plans and specifications is that the Contractor furnish all labor and materials, equipment and transportation necessary for the proper execution of the work unless specifically noted otherwise. The Contractor shall do all the work shown on the plans and described in the specifications and all incidental work necessary to complete the project in an acceptable manner and to fully complete the work or project, ready for use, occupancy and operation of the Owner. It is further the intention of the plans and specifications to set forth requirements of performance, type of equipment and structures, and standards of materials and construction, to require new material and equipment unless otherwise indicated and to require complete performance of the work without specific reference to any minor component part. It is not intended, however, that materials or work not covered by the specifications shall be supplied unless distinctly so noted. Materials or work described in words, which so applied have a well known technical or trade meaning, shall be held to refer to such recognized standards. All work shall be completed in accordance with the specifications and plans, and in compliance with applicable laws of Federal, State and local governments. SHOP DRAWINGS: The Contractor shall, upon request, submit shop drawings in quadruplicate for the approval of the Landscape Architect. DIMENSIONS: Figured dimensions on the plans will be used in preference to scaling the drawings. Where the work of the Contractor is affected by finish dimensions or manufacturer's equipment, these shall be determined by the Contractor at the site, and he shall assume the responsibility therefore. ADEQUACY OF PLANS AND SPECIFICATIONS: The complete requirements of the work to be performed under the contract shall be set forth in plans and specifications to be supplied by the Owner through the Landscape Architect or by the Landscape Architect as representative of the Owner. CONFLICT: In the case of a conflict of meaning between any of the terms of the Contract Documents, the provisions of the document listed first below over those of a document listed later: 1. Contract Agreement Form 2. Special Provisions 3. Plans 4. Specifications 5. General Conditions 6. Bid 7. Bid Form Special provisions and detail plans are intended to modify and prevail over standard plans and specifications. G-16 5.07 DISCREPANCIES IN PLANS: The drawings, specifications, and other parts of the plans are intended to complement one another. Anything shown on the drawings but not mentioned in the specifications, or vice versa, or anything not expressly set forth in either but which is reasonably implied, shall be furnished as though specifically shown and mentioned in both without any extra charge. Should anything be omitted from the drawings and necessary to the proper construction of the work herein described, it shall be the duty of the Contractor to notify the Landscape Architect prior to beginning work; and in the event of the Contractor failing to give such notice, the Contractor shall make good any damage or defect in work caused thereby, without extra charge to the owner. Questions as to meaning of plans and specifications shall be interpreted by the Landscape Architect, whose decisions shall be final and binding on all parties concerned. (See also Section 5.01 of these General Conditions.) The Landscape Architect will provide the Contractor with such information as may be required to show revised or additional details of construction. The Landscape Architect will provide full information when errors or omissions in the plans and specifications are discovered. Any work done by the Contractor, after discovery of such discrepancies, errors or omissions and prior to a decision by the Landscape Architect, shall be done at the Contractor's risk. 5.08 SEPARATE CONTRACTS: The Owner reserves the right to let other contracts in connection with this work. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate the work with that of other contractors. If any part of the Contractor's work depends for proper execution or results upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Landscape Architect any defects in such work that render it unsuitable for such proper execution and results. Failure to so inspect and report shall constitute an acceptance of the other Contractor's work. To insure the proper execution of the work, the Contractor shall measure work already in place and shall at once report to the Landscape Architect any discrepancy between the executed work and the drawings. 5.09 INSPECTORS: Inspectors may be appointed by the Landscape Architect or Owner subject to approval by the City Engineer to see that the work is performed in accordance with the plans and specifications. Inspector qualifications shall be submitted in writing to the City Engineer. 5.10 EXAMINATION OF COMPLETED WORK: At the request of the Landscape Architect, the Contractor at any time before acceptance of the work shall remove or uncover such portions of the finished work as requested. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing, and the replacing of the covering or making good of the parts removed shall be paid for as extra work, in accordance with requirements of Section 9.03 of the General Conditions; but should the work so exposed or G-17 examined prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense. 5.11 OWNER'S RIGHT TO CORRECT DEFICIENCIES: If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner after ten days' written notice to the Contractor may, without prejudice to any other remedy, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. G-18 SECTION 6.00 - CONTROL OF MATERIALS AND WORKMANSHIP 6.01 QUALITY OF EQUIPMENT AND MATERIALS: In order to establish standards of quality, the Landscape Architect has, in the detailed specifications, referred to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design. Whenever in these specifications, a material or article is specified by using the specific description or name of proprietary product, or name of a manufacturer or vendor, rather than by using descriptive detail or substance and function, any article which will perform the duties imposed adequately and to the same effectiveness as determined by the Landscape Architect will be acceptable as a substitute in lieu of the material or articles so specified. Only materials conforming to the requirements of these specifications shall be used in the work. The source of any material shall not be changed at any time without the written approval of the Landscape Architect. The Contractor may be required at any time to furnish a complete statement of the original, composition and manufacturer of any or all materials required in the work, or to submit samples of the same. Unless otherwise specified, all materials shall be new and both workmanship and material shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials or tools used in the work. All materials, supplies and articles furnished shall, whenever so specified, and otherwise wherever practicable, be the standard stock products of recognized reputable manufacturers. The Contractor shall furnish a complete list of proposed desired substitutions, together with such engineering and catalog data as the Landscape Architect may require. List and information must be submitted prior to submittal of first progress payment estimate. The Contractor shall abide by the Landscape Architect's judgment when proposed substitute materials or items of equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted in writing by the Contractor and not by individual trades or material suppliers. The Landscape Architect will approve or disapprove proposed substitutions in writing within a reasonable time. No substitute materials shall be used unless so approved in writing. 6.02 TESTING: All testing of materials and workmanship shall be conducted by a reputable and qualified firm totally independent of the contractor and owner. G-19 6.03 6.04 6.05 6.06 MANUFACTURER'S DIRECTIONS: Manufactured articles, material and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer unless herein specified to the contrary. REJECTED WORK AND MATERIALS: All materials which do not conform to the requirements of the Contract Documents are not equal to samples approved by the Landscape Architect, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected and shall be removed immediately from the Project, unless otherwise permitted. No materials which have been rejected - the defects on which have been corrected or removed - shall be used until approval has been given. If the Contractor does not remove such condemned work and materials within a reasonable time fixed by written notice, the Owner may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal within ten days thereafter, the Owner may, upon ten days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor. The Contractor shall promptly remove from the premises all materials condemned by the Landscape Architect as failing to conform to the contract, whether incorporated in the work or not and the Contractor shall promptly replace and re-execute the work in accordance with the Contract Documents without expense to the Owner and shall bear the expense of making good all work of the other contractors destroyed or damaged by such removal or replacement. Work done contrary to or regardless of the instructions of the Landscape Architect, work done without lines, grade or cross stakes and grades shown on the plans or as given by the Landscape Architect, or any deviation made from the plans and specifications without written authority will be considered unauthorized and at the expense of the Contractor and will not be measured or paid for by the Owner. Any and all work so done may be ordered removed and replaced immediately at the Contractor's expense. MATERIALS FURNISHED BY THE OWNER: Materials specifically indicated will be furnished by the Owner. The fact that the Owner is to furnish material is conclusive evidence of its acceptability for the purpose intended, and the Contractor may continue to use it until otherwise directed. The Contractor shall notify the Landscape Architect upon discovering any defect in materials furnished by the Owner. Materials furnished by the Owner, which are not of local occurrence, will be provided at locations listed on plans or in specifications. After receipt of the material the Contractor shall be responsible for material loss or damage, including that caused by third parties. MATERIALS FURNISHED BY THE CONTRACTOR: All materials used in the work shall meet the requirements of the respective plans and specifications. All materials not otherwise specifically indicated shall be furnished by the Contractor. G-20 SECTION 7.00 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 7.01 INSURANCE: The Contractor shall not commence work under this contract until all insurance required under the Contract Documents has been obtained and until copies of certificates thereof are submitted to the Owner; the Contractor shall not allow any subcontractor to commence work until the insurance required of such subcontractor has been obtained and copies of policies and certificates submitted to the Owner. During the term of this contract, the Contractor shall maintain such insurance as will protect the Contractor from claims as set forth below which may arise out of or from the Contractor's operations under the contract, whether such operations be by the Contractor, or by a subcontractor, or sub-subcontractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be held liable: (a) For claims arising under any Workmen's Compensation, Employers Liability, or any similar employee benefit. (b) For claims because of bodily injury, sickness, disease, or death of any person or persons other than his employees, and for claims because of damage to or destruction of property of others resulting therefrom, including loss of use thereof. Such insurance shall be written for amounts not less than the following as respects subparagraph (a) above: Workmen's Compensation .................................................................. Statutory Employers Liability ................................................ $500,000 Each Occurrence and as respects subparagraph (b): Bodily Injury and Property Damage with a Combined Single Limit of Liability of $2,000,000 Each Occurrence of Bodily Injury General & Automobile ............................................. $1,000,000 Each Person General & Automobile ...................................... $1,000,000 Each Occurrence Property Damage General & Automobile ...................................... $1,000,000 Each Occurrence General ......................................................................... $1,000,000 Aggregate The insurance referred to in subparagraph (b) above shall be written under the Comprehensive General and Comprehensive Automobile Liability policy forms, including coverage for all owned, hired, and non-owned automobiles. The Contractor has the option to provide the limits of liability as set out above by a G-21 combination of the above described policy forms and an Umbrella Excess Liability policy. It is a condition of the contract that the policy or policies afford coverage for damage to property of others arising out of the perils of explosion, collapse, and damage to underground facilities, and it is a further condition that the policy or policies afford the same limits of liability as set out in "Contractor's Responsibilities" of the General Conditions. All responsibility for payment of any sums resulting from any deductible provision, corridors, or self-insured retention conditions or the policy or policies shall remain with the Contractor. It is a condition of the contract that the policy or policies waive an',/ and all governmental immunity as a defense in any action brought against the insured or any other party to the contract. All insurance policies and certificates shall be submitted prior to the execution of the contract and shall be subject to the approval of the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder, and it is expressly understood that the Owner/Landscape Architect do not in any way represent that the above specified insurance or limits of liability are sufficient or adequate to protect the Contractor's interests or liabilities. Evidence of the above required insurance shall be furnished on a Certificate of Insurance form satisfactory to the Owner. Copies of all certificates evidencing such insurance shall be filed with the Owner. The certificates shall be executed by the insurer and shall expressly stipulate that the policies are non-cancelable prior to expiration of the contract period, unless ten days' notice in writing to the Owner shall be filed with the Owner. Certificates for liability policies must show that the City and Landscape Architect are additional insureds. G-22 SECTION 8.00 - PROSECUTION AND PROGRESS 8.01 DELAYS AND EXTENSION OF CONTRACT TIME: The Contractor herewith specifically waives claims for damages for any hindrance, delay, or change of sequencing. The Contractor will, in lieu thereof, be granted extensions of time for which liquidated damages will not be claimed by the Owner for the following causes: A delay caused the Contractor by any suit or other legal action against the Owner will entitle the Contractor to an equivalent extension of time unless the period of such delay exceeds 90 days. When such period is exceeded, the Owner will, upon request by the Contractor in writing, either terminate the contract, or grant a further extension of time, whichever as may at that time appear most desirable to both parties. If the Contractor is delayed at any time in the progress of the work by any act of neglect of the Owner or the Landscape Architect or any employees of either, or by any other Contractor employed by the Owner, or by strike, fire, unusual delay in transportation, unavoidable casualties, or other causes beyond the Contractor's control, or by any cause which, in the opinion of the Landscape Architect, shall justify the delay, then the time of completion shall be extended for such reasonable time as the Landscape Architect may decide. No such extension shall be made for delay occurring more than seven days before claim therefore is made in writing to the Landscape Architect. Shutdowns due to improper work, or otherwise due the Contractor's operation, are not cause for extension of time. If during the term of this contract, the volume of the specified work, measured in dollars, is increased over the total value shown in the Contractor's proposal at the time the award of contract is made, the Contractor will be granted an extension proportionately equal to the increase in the total value. Should unforeseen conditions require the performance under an extra work order, the work more complex or difficult than that originally specified and shown on the plans, and such work, in the Contractor's opinion, requires more time to execute than the proportional increase in dollar value, the Contractor shall state to the Landscape Architect, in writing, prior to the performance of such work, his estimate of the added time required for such work. The Owner will, if such estimate be reasonable, allow an added extension of time equal to the difference between the total time required and the proportional increase in the dollar value of the work. 8.02 CONSTRUCTION SCHEDULE AND LIQUIDATED DAMAGES: After being awarded the contract, the Contractor shall prepare and submit to the Landscape Architect for approval a bar chart progress schedule which will insure the completion of the project within the time specified. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced G-23 on the date specified in the notice to proceed and shall be completed on the date specified in the special provisions. The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. If the Contractor shall fail to satisfactorily complete any portion of work under this contract by the specified completion date, the Owner shall deduct from the payments due the Contractor liquidated damages I-'or each and every calendar day that the work remains uncompleted beyond the completion date. Due to the difficulty in precisely determining Owner's damages for late completion, the Contractor will be assessed a daily charge, not as a penalty but as liquidated damages to compensate Owner for the additional costs caused by the delay. Contractor agrees that the daily amount of liquidated damages is a reasonable estimate of Owner's damages for late completion. In addition, the Contractor shall pay the inspector's hours, travel, and any other associated costs for all inspection work required past the completion date. If such payments due the Contractor are less than the amount of such liquidated damages, said damages shall be deducted from any other moneys due or to become due the Contractor, and in case such damages shall exceed the amount of all moneys due to the Contractor, then the Contractor or the surety shall pay the balance to the Owner. 8.03 SCHEDULE OF LIQUIDATED DAMAGES Original Contract Amount Charge Per Calendar Day From More Than To and Including $0 $500,000 $600 $500,000 $1,000,000 $650 $1,000,000 $2,000,000 $700 $2,000,000 --- $800 OWNER'S RIGHT TO TERMINATE CONTRACT AND COMPLETE THE WORK: The Owner has the right to terminate the employment of the Contractor for any of the following reasons: (1) The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; G-24 (2) Failure of Contractor to supply adequate properly skilled workmen or proper materials; (3) Failure of Contractor to make prompt payment to subcontractor for material or labor; (4) Persistent and continuing disregard of laws, ordinances, or proper instructions of the Landscape Architect; (5) Assignment of work without permission of the Owner; (6) Abandonment of the work by Contractor; (7) Failure to meet the work progress schedule set forth in the contract; Termination of the contract shall be preceded by seven days written notice by the Owner to the Contractor and the surety stating the ground for termination and the measures if any which must be taken to assure compliance with the contract. The contract shall be terminated at the expiration of such seven day period unless the Owner shall withdraw its notice of termination. Upon termination of the contract by the Owner, the Owner may complete the work required by the contract by whatever means deemed expedient, including requiring the Contractor's surety to complete the work. The taking over of the work by the Owner upon contract termination shall not affect the right of the Owner to recover liquidated damages from the Contractor or the surety for failure to complete contract. In the event that the Contractor involuntarily abandons the work, fails or refuses to complete the work embodied in the contract or fails to pay just claims for labor or material, the Owner reserves the right to charge against the Contractor all extra legal, Engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the Owner's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and nonpayment of claims wherein the Owner is made codefendant, and the Contractor agrees to pay all such costs, including reasonable attorney's fees. When the Owner assumes control of the work under the contract pursuant to termination, the Owner may take possession of the work and all material, tools, and equipment therein belonging to the Contractor and may use the same to complete the work at Contractor's expense. Upon contract termination, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the Owner. The expenses incurred by the Owner as herein provided and the G-25 damages incurred through the Contractor's default shall be certified by the Landscape Architect and Owner. 8.04 CONTRACTOR'S RIGHT TO TERMINATE CONTRACT: The Contractor may terminate contract upon ten days' written notice to the Owner and the Landscape Architect for any of the following reasons: If an order of any court or other public authority caused the work to be stopped or suspended for a period of 90 days through no act of fault of the Contractor or his employees. (2) If the Owner should fail to act upon any request for payment, in the manner set forth in the General Conditions, within 45 days after its approval by the Landscape Architect. (3) If the Owner should fail to pay the Contractor any sum within 45 days after its award by arbitrators. G-26 1.2 1.3 1.4 1.5 3o SPECIAL CONDITIONS GENERAL Project Description. The Project consists of supply and delivery of playground equipment described in Section 02460 Playground Equipment. Project includes supervision of the installation (if requested by the City) for as many days as necessary. Playground equipment shall be delivered to the Lake Ann Park maintenance building 7700 Lake Ann Park Drive. Owner. The City of Chanhassen is designated as the OWNER. All work as outlined herein is on property owned by the OWNER. Completion. Delivery of all specified equipment shall be no more than 6 weeks fi'om the receipt of the NOTICE TO PROCEED. Failure to complete shall result in the imposition of liquidated damages as outlined in Section 1.4. Liquidated Damages. As stated in the General Conditions. Conformance with Codes. All equipment and playground design shall conform to the requirements of the latest, applicable standards and codes. The requirements shall not be construed to permit a lower grade of construction where plans and specifications call for workmanship or materials in excess of code requirements. Submittals Submittals as required in Section 2460 Play Equipment 1.04. The Landscape Architect's approval of such submittals shall not relieve the Contractor from the responsibility tbr deviations from specifications unless the Contractor has, in writing, called the Landscape Architect's attention to such deviations at the time of submission, nor shall it relieve the Contractor fi'om the responsibility for errors of any sort in shop drawings or schedules. No materials are to be delivered until the submittals have been approved by the Landscape Architect. Warranty As Stated in Section 2460 Play Equipment 1.05 Measurement and Payment As Stated in Section 2460 Play Equipment 1.06 Lake Ann Park Playground Equipment SC - I SECTION 02460- Playground Equipment PART 1 - GENERAL 1.01 Related Documents Drawings and general provisions of the Contract, including General and Special Conditions apply to the work of this Section. 1.02 Description of Work A. The work contracted under this section includes furnishing all play equipment listed on the Play Equipment Component List and supervision of the installation, if requested by Owner, for as many days as necessary. 1.03 Quality Assurance A. Manufacturer is to be ISO 9001/2000 Certified. Manufacturer is to have an IPEMA certification of compliance for each component that the product conforms with the requirements of ASTM F1487-01. 1.04 Submittals A. Provide manufacturer's technical data, specifications and installation instructions. B. Submit a layout drawing showing all playground components. 1.05 1.06 Warranty Manufacturer shall offer the following warranties on the materials and components of its system: · Lifetime Limited Wan'anty on Kid Builder Stainless Steel Hardware & Clamp System · 15 Year Limited Warranty on Kid Builder Galvanized Posts, Vinyl Clad Decks, Rails, Loops, and Rungs · Limited 10 Year Warranty on Kid Builder Polyethylene Slides, Enclosures, and Plastic Components Measurement and Payment Measurement will be on a lump sum basis. Payment will be made after playground Playground Equipment 02460 - I equipment is delivered to the site. PART2-PRODUCTS 2.01 Manufacturers Approved Play Equipment Manufacturer: The following equipment manufacturer is approved for use in the listed park play area. Manufacturer shall include all events and components equivalent to those listed under Play Equipment Components. All play area equipment shall be manufactured by the following manufacturer and shall be the product line listed, or approved equal. a. Manufacturer: Little Tikes Commercial Product Line: "Kid Builders" Local Vendor: Bill Johnson Flanagan Sales, Inc. 1567 East County Road "E" St. Paul, MN 55110 Phone: 651.633.0123 Fax: 651.633.1515 B° Other manufacturers will be considered for acceptance as substitutions: however, such requests must be submitted by the bidding manufacturer for review prior to bidding. If the supplier desires tentative acceptance of a brand or merchandise not specific, sufficient data shall be submitted to the Landscape Architect for appraisal a minimum of 5 days before the time set for bids to be received. If any manufacturer or brands other than those specified, are acceptable to the Landscape Architect, the Landscape Architect will indicate in an addendum before bids are received; however, such acceptance must still be obtained as described in the following. Equipment that is not specified or is not approved by addendum will not be considered. 2.02 Play Equipment Components A. General Requirements: Little Tikes Commercial "Kid Builders" 5" O.D. play equipment is required. A galvanized steel clamp system is required. Direct bolt, pre- drilled posts, aluminum clamps / collars are not acceptable connections. All uprights shall include factory installed matching plastic caps. 2. All roofs must be powder coated perforated steel per attached specifications. Plastic roofs are not acceptable. 3. Clatter Bridge must be a "hinged plate" design with no pinch points. Bridges with chains, cable, ropes, etc.. are not acceptable. Playground Equipment 02460 - 2 B. Equipment Component List Qty Part Number 1 200006946 1 200006978 1 200006994 1 200007002 I 200007018 1 200OO7O37 1 2OO007O39 16 2OO007O49 1 2OOOO7096 1 20OOO7O97 1 200007098 1 200007099 1 200007101 1 200013795 5 200013798 1 200013808 I 200013892 16 2OOO13893 8 200013896 1 200014951 1 200022428 1 200023519 1 200024720 1 200031281 1 200034344 1 200066522 1 200069056 29 200069058 1 200069491 1 200084344 3 200092591 1 200098030 1 200099926 1 200114761 2 200116288 2 200116998 1 2OO126O16 1 200126888 1 200127153 4 200127156 1 200200007 1 200200015 1 200200073 8 200200187 3 200200193 1 200200195 1 200200245 1 200245783 Part Description BRIDGE 2440 MM/8' KB SLIDE ELBOW 70 DEG.KB CLIMBER CURLY 915 M/36" KB CLIMBER LOOP 1625 MM/64" KB PANEL LADDER 610/MM24" W/SAFETY LOOP KB LOG ROLL W/HAND LOOPS KB BRIDGE CLATTER 2440MM/8' W/GUARD RAILS PANEL SAFETY DKMT. KB PANEL COUNTER KB PANEL ADJUSTABLE COUNTER KB PANEL ANIMAL CRAWL-THRU PAT.# D-381,056 PANEL SEAT KB PANEL DOOR KB KB 10' GALV POST WITH PLASTIC CAP KB 136" GALV POST WITH PLASTIC CAP KB 8' GALV POST WITH PLASTIC CAP RAIL SINGLE KB DECK SQUARE KB DECK 1/2 SQUARE KB LADDER RUNG 915 MM W/SAFETY LOOP KB PANEL LADDER 610/24" SAFETY LOOPS BD KB PANEL (FACES/5-12) KB DECK MT. TUNNEL ELBOW CRAWL 760 MM DKMT. KB SLIDE SPIRAL TUNNEL1625 MM/64" KB LADDER RING CHALLENGE F/KB 2440 STEPS DECK/DECK 815MM W/SAFETY RAILS KB KB 186"/4725MM GALVPOST W/PLASTIC CAP KB 213"/5410MM GALVPOST W/PLASTIC CAP SLIDE DURAGLIDE 11 SEGMENT F/KB CHAIN NET KB 36"/915 W/SAFETY LOOPS STEPPING STONES F/KB KB CATWALK OVERHEAD CIRCLE F/KB DECK BALCONY W/STEERING WHEEL MOUNT F/KB ROOF GABLE MESH F/KB ROOF GABLE MESH ADD-ON F/KB TRANSFER STAT.1016 W/SAFETY RAILS F/KB SLIDE SECT.ELB.RGT.2440mm SPTRED KB ROOF ARCH MESH KBF/SWAGE POST ROOF ADD-ON ARCH MESH F/KB SWAGE POST KB "INCLINE" CRAWL TUNNEL DKMT CLIMBER BUMPY DK/DK1220 F/KB KB PANEL ARCH "SIGNLANGUAGE" DKMT KB DK/DK PLATE 8"/203MM (FACES) KB LONG DK/DK PLATE8"/203MM (FACES) KB LONG DK/DK PLATE16"/405MM (FACES) ROCK CHALLENGE WALL 2032MM KB ASSY PANEL MT.PLAS.STEER.WHL. RED Playground Equipment 02460 - 3 2.03 Materials Plastic Caps shall fit snugly into 127 mm (5") and 33 mm (1.315") tube ends and shall be injection molded Low Density Polyethylene. This plastic shall be stabilized against ultraviolet (UV) degradation and shall have color molded in. All caps will be installed at the factory and 127 mm (5") caps will be secured with aluminum hammer drive pins. Bo Paint shall be an electrostatically applied polyester dry powder coating which shall be cured at temperatures between 400 and 500 degrees Fahrenheit. The polyester powder shall comply with ASTM standards: D-522 (Flexibility Mandrel Test), D-2794 (Impact Resistance Test), B-117 (Salt Spray Resistance Test), D-2247 (Humidity Resistance Test), D822 (Weatherability Test), D3363 (Pencil Hardness Test), D2454 (Overbake Resistance Test) and D3359B (Adhesion Crosshatching Test). Epoxy or Hybrid paints are not acceptable due to poor weatherability characteristics. C° Rotationally Molded Plastic Parts shall be molded from linear low density polyethylene with ultraviolet (UV) light stabilizers, anti-static guard and color molded in. This material shall comply with ASTM-D-790 (Flex Modulus), ASTM -D-638 (Tensile Strength), ASTM-D-648 (Heat Distortion Temperature) and ARM-STD (Low Temperature Impact). D° Textured Poly-Vinyl-Chloride coating shall be an average of 3 mm (.118") thick. Poly-vinyl-chloride coating shall be oven cured and textured for added traction when wet or dry. Uo Hardware: Bolts, Nuts, Screws, Threaded Spacers, Washers and Other Hardware used in the assembly of components shall be metric stainless steel and tamper resistant. All necessary hardware shall be provided. Fo Deck Clamp assemblies shall consist of two steel half-clamps. Clamp profiles shall be designed to eliminate protrusions. Clamps shall be die formed from 12 gauge draw quality steel. Clamps shall have a 6 mm (.25") radius rib formed in the top and bottom of the clamp for structural integrity. The clamp attachment bracket shall be formed from 11 gauge sheet steel and shall be welded securely to the clamp half. All clamp halves shall be zinc plated, yellow dichromate coated and phosphate coated before being TGIC polyester powder coated. Tamper-resistant fasteners shall be used to retain clamps and shall consist of M10 six lobe socket head stainless steel cap screws and M10 slab-base Tee nuts. All clamps shall be provided with aluminum hammer drive pins to protect against slippage. G° Rail Clamp assemblies shall consist of two steel half-clamps. Clamp profiles shall be designed to eliminate protrusions. Clamps shall be die formed from 12 gauge draw quality steel. Clamps shall have a minimum 6 mm (.25") radius rib formed in the top Playground Equipment 02460 - 4 and bottom of the clamp for structural integrity. All clamp halves shall be zinc plated, yellow dichromate coated and phosphate coated before being TGIC polyester powder coated. Tamper-resistant fasteners shall be used to retain clamps and shall consist of MIO six lobe socket head stainless steel cap screws and MIO slab-base Tee nuts. All clamps shall be provided with aluminum hammer drive pins to protect against slippage. Wing Clamp assemblies shall consist of two steel half-clamps. Clamp profiles shall be designed to eliminate protrusions. Clamps shall be die formed from 12 gauge draw quality steel. Clamps shall have a 6 mm (.25") radius rib formed in the top and bottom of the clamp for structural integrity. The clamp wing bracket shall be formed from 7 gauge sheet steel and shall be welded securely to the clamp half. All clamp halves shall be zinc plated, yellow dichromate coated and phosphate coated before being TGIC polyester powder coated. Tamper-resistant fasteners shall be used to retain clamps and shall consist of M10 six lobe socket head stainless steel cap screws and M10 slab-base Tee nuts. All clamps shall be provided with aluminum hammer drive pins to protect against slippage. Colored Kick Plates and Deck to Deck Activity Plates shall be fabricated from 13 gauge (2.3 mm) pre-galvanized sheet steel. After fabrication, deck to deck plates shall have a baked-on electrostatically applied polyester dry powder coating. 8", 12" and 16" plates shall have fun faces laser cut into them. 24", 28" and 32" plates shall have grooves cut into them with optional slider "Parachute/shapes" fabricated from CNC Routed high density polyethylene sheet. Galvanized Steel Posts shall be 127 mm (5") O.D., 11 gauge pre-galvanized round tubing. Minimum tensile strength shall be 380MPa (55,000psi). Minimum yield point shall be 345MPa (50,000psi). The bottom portion of all upright posts shall be crimped slightly to enhance retention in concrete footings. Plastic caps shall fit into the uncrimped end of the 127 mm (5") tube. After fabrication, all posts shall have a baked-on electrostatically applied polyester dry powder coating. II. Square Vinyl Clad Metal Decks shall cover a minimum of 1.46 square meters (2,275 square inches) of top surface area, be a one-piece construction and be designed to maintain a full 1.2 m (48") on center post spacing. Metal decks shall be fabricated from 13 gauge hot rolled steel which shall be punched, formed and reinforced with welded in place 11 gauge strips. Decks shall have a pattern of equally spaced holes on each edge to provide flush mounting of play events that attach to the deck. This hole pattern shall allow multiple decks to be assembled at the same level providing a surface without size limitations. This assembly shall be dipped in a textured poly- vinyl-chloride coating. Triangular Vinyl Clad Metal Decks shall be fabricated from 13 gauge hot rolled steel which shall be punched, formed and reinforced with welded in place 11 gauge strips. Each triangular deck shall cover a minimum of 0.63 square meters (985 square inches) of top surface area, be a one-piece construction and be designed to maintain a Playground Equipment 02460 - 5 full 1.2 m (48") on center post spacing. Decks shall have a pattern of equally spaced holes on each edge to provide flush mounting of play events that attach to the deck. This hole pattern shall allow multiple decks at the same level to be assembled providing a surface without size limitations. This assembly shall be dipped in a textured poly-vinyl-chloride coating. Balcony Vinyl Clad Metal Decks shall cover a minimum of .365 square meters (567 square inches) of top surface area and be designed to maintain a full 1.2 m (48") on center post spacing. Construction shall consist of one semi circle shaped deck. Metal decks shall be fabricated from 13 gauge hot rolled steel, which shall be punched, formed and reinforced with welded in place 11 gauge strips. Deck shall have a pattern of equally spaced holes on one edge to provide flush mounting to the deck. This assembly shall be dipped in a textured poly-vinyl-chloride coating. Balcony Rails provide full enclosure and shall be fabricated from 33 mm (1.315") O.D. pre- galvanized steel tubing. Rails shall have a baked-on electrostatically applied polyester dry powder coating. Vinyl Clad Step Deck planks shall cover a minimum of 0.4 square meters (624 square inches) of top surface area per step and be designed to maintain a full 1.2 m (48") on center spacing. Metal step decks shall be fabricated from punched sheet steel and shall have 64 mm (2.5") formed sides. This assembly shall be dipped in textured poly-vinyl-chloride. Step deck shall mount using two 33 mm (1.315") handrails which shall have a baked-on electrostatically applied polyester dry powder coating. 1.2m (48") and 915 mm (36") Transfer Station shall consist of two triangular decks, a three step assembly for the 1.2 m (48") and two step assembly for the 915 mm (36") and handrails. Each triangular deck shall be fabricated from 11 gauge sheet steel, covering .37 square meters (575 square inches) and have three 25 x 152 mm (1" x 6") hand slots incorporated into the deck surface for aid in user transition. The step assemblies provide access from the transfer decks to a 1.2 m (48") deck height or 915 mm (36") deck height. Each step shall have a tread depth of 406 mm (16") and a tread width of 953 mm (37.5"), with each rise 203 mm (8") or less. Each step assembly shall have an all welded construction from 11 gauge sheet steel. Each step assembly and Transfer Deck shall be dipped in a textured poly-vinyl-chloride coating. Transfer Station handrailslshall be fabricated from 33 mm (1.315") O.D., pre-galvanized, 14 gauge tubing. Transfer Station loops shall be fabricated from 42.2 mm (1.66") O.D., pre-galvanized, 11 gauge tubing. All welded handrail assemblies shall have a baked- on electrostatically applied polyester dry powder coating. Transfer Station Safety Rails shall be fabricated from 33 mm (1.315") pre- galvanized steel tubing. Safety rails shall provide an enclosure and shall have no gaps greater than 80 mm (3.15") and less than 254 mm (10"), especially between vertical rungs and posts. The vertical rungs of safety rails shall be semi-flattened prior to welding to the horizontal top and bottom bar and shall be welded continuously around the entire perimeter. Safety rails shall have a baked-on electrostatically applied polyester dry powder coating. Playground Equipment 02460 - 6 No Inter-Deck Step shall be completely fabricated from 11 gauge steel. The step surface shall measure 203 mm (8") deep by a minimum of 406 mm (16") wide, with rises limited to 203mm (8"). The complete assembly shall be coated in a textured poly- vinyl-chloride coating after fabrication. Hand loops shall be made from 33 mm (1.315") diameter pre-galvanized tubing and shall have a baked-on electrostatically applied polyester dry powder coating. Deck to Deck Steps shall consist of welded tread, riser and stringer sections fabricated from 13 gauge hot rolled steel. This assembly shall be dipped in a textured poly-vinyl-chloride coating. Handrails shall be fabricated from 33 mm (1.315") O.D. pre-galvanized tubing with a baked-on electrostatically applied polyester dry powder coating. P 2.4 m (8') and 3.66 m (12') Vinyl Clad Clatter (Suspension) Bridge (U.S. Patent #5,118,099) planks shall be pre-assembled at factory for ease of installation. Clatter Bridge planks shall be fabricated from one piece of 11 gauge punched and formed hot rolled sheet steel. The clatter bridge plank shall be dipped in textured poly-vinyl- chloride and oven-cured. Assembly of planks shall be such that no open gaps occur between planks. Plank to plank joints shall be pinch proof to the user. No cables or chains shall be used in the assembly of the planks. Clatter bridges shall have a dual rail side enclosure fabricated from 33 mm (1.315") pre-galvanized steel tubing, curved to match the curve of the bridge, to provide user stability at a consistent height along the bridge and shall have a baked-on electrostatically applied polyester dry powder coating. Qo Cat Walk shall be manufactured from 3 mm (11 gauge) sheet steel with 3 mm (11 gauge) steel sides and end supports. Cat Walk shall be dipped in a textured poly- vinyl-chloride and oven cured to a dm'able finish. Cat Walk shall have a dual rail side enclosure. Top and bottom rails shall be fabricated from 42.2 mm (1.625") O.D. pre- galvanized steel tubing with vertical rails welded to the top and bottom rail. Vertical rails shall be fabricated from 25 mm (1") O.D. pre-galvanized steel tubing. End sections shall be fabricated from 33 mm (1.315") O.D. pre-galvanized steel tubing, with 3 mm (11 gauge) sheet steel end plates. After assembly side enclosures and end sections shall have a baked-on electrostatically applied polyester dry powder coating. Ro Half Pipe Sectional Slides with Hoods shall be comprised of sections rotationally molded from linear low density polyethylene. The slide enclosure shall also be rotationally molded from linear low density polyethylene. The end support and mid supports shall be fabricated from 48.3 mm (1.9") O.D. pre-galvanized tubing, 2.3 mm (13 gauge) and 3.0 mm (11 gauge) pre-galvanized sheet steel. The supports shall have a baked-on electrostatically applied polyester dry powder coating. So DuraglideTM Spiral Slide shall have an injection molded sectional bedway with a 519 mm (20.4") high side wall. Slide entry area shall be enclosed by 1016 mm (40") Playground Equipment 02460 - 7 panels. To Elbow Slides with Hood shall be rotationally molded from linear low density polyethylene. Slide side rails shall be a minimum of 229 mm (9") high from the slide surface. Slide enclosure shall be fabricated from 33 mm (1.315") O.D. tubing. Slide end support shall be fabricated from 38 mm (1.5") square tubing. All steel tubing shall have a baked-on electrostatically applied polyester dry powder coating. Tunnel Slides shall be configured to approximately a 762 mm (30") internal diameter cross section. Tunnel panels shall have the manufacturer's trademark applied to identify the source of the product. Tunnel slides shall be assembled using an overlap joint on section connections and shall not have any internal hardware. Tunnels, elbows and panels shall be rotationally molded from linear low density polyethylene. Tunnel slide end supports shall be fabricated from 38 mm (1.5") square, pre- galvanized steel tubing and mid supports shall be fabricated from 42.2 mm (1.66") O.D. pre-galvanized steel tubing. Both supports shall have a baked-on electrostatically applied polyester dry powder coating. Vo Vinyl Clad Bumpy Climber shall be a one piece all welded assembly coated with a textured poly-vinyl-chloride coating. The Bumpy Climber assembly shall be fabricated from punched 11 gauge hot rolled sheet steel. The climbing surface of the assembly shall have approximately an 86 mm (3.3") radius on each step, and a 203 mm (8") rise between steps on a 45 degree angle. The Bumpy Climber assembly shall attach to the deck edge with stainless steel hardware and shall be supported by 33 mm (1.315") O.D. x 13 gauge pre-galvanized posts at the bottom riser. Hand supports and deck enclosure frame shall be fabricated from 33 mm (1.315") x 11 gauge pre- galvanized steel tubing. Vertical rungs within deck enclosures shall be fabricated from a minimum of 25 mm (1") O.D. x 14 gauge pre-galvanized steel tubing. Hand supports and enclosures shall have a baked-on electrostatically applied polyester dry powder coating. Rock Challenge Wall shall be constructed with linear low density polyethylene sheets. The hand grips shall be a molded resin/concrete mixture. Xo The (80") Rock Challenge Wall (2032mm) shall be constructed of high density polyethylene sheets. The hand grips shall be molded from a plastic resin. The steel supports are fabricated from pre-galvanized 33 mm (1.315") diameter steel tubing welded with 11 gauge pre-galvanized steel brackets. The supports shall have a baked- on electrostatically applied polyester dry powder coating. Assembly hardware is stainless steel. Yo Rung Ladder shall be designed to incorporate a one-piece, welded construction to aid installation. Rung ladder side rails shall consist of 33 mm (1.315") O.D. pre- galvanized steel tubing. Rungs shall be fabricated for 25 mm (1") O.D. pre-galvanized steel tubing. Brackets shall be fabricated from 7 gauge pre-galvanized steel. Rung ladder shall have a baked-on electrostatically applied polyester dry powder coating. Playground Equipment 02460 - 8 Available with hand loops or safety loops. Ladder Panels shall be fabricated from 11 gauge sheet steel. Foot openings shall be 76 mm (3") high x 429 mm (16.875") wide and evenly spaced. Treads shall be 32mm (1.25") deep. The complete ladder assembly shall be dipped in a textured poly-vinyl- chloride coating. Available with hand hold loops or safety loops. AA. Chain Net Climber chain shall be 4/0 steel with a textured poly-vinyl-chloride coating. Available with hand loops or safety loops. BB. Curly Climbers shall be of a design which will not allow children to climb into the interior of the coil. Curly Climber coils shall be fabricated from 33 mm (1.315") O.D. pre-galvanized steel tubing. The center support post shall be fabricated out of 42.2 mm (1.66") O.D. pre-galvanized steel tubing. Enclosure shall be fabricated from 33 mm (1.315") O.D. pre-galvanized steel tubing. Curly Climbers shall be an all welded construction and shall have a baked-on electrostatically applied polyester dry powder coating. CC. Loop Climber shall be fabricated from 33 mm (1.315") O.D. pre-galvanized steel tubing. The center support posts shall be fabricated out of 42.2 mm (1.66") O.D. pre- galvanized steel tubing. The loop climber shall be an all welded construction. Enclosure shall be fabricated from 33 mm (1.315") O.D. pre-galvanized steel tubing. After fabrication all parts shall have a baked-on electrostatically applied polyester dry powder coating. DD. Circle Overhead shall have teardrop shaped hand rungs welded to a single circular monorail. The Circle Overhead shall be designed with a 270 degree arc to return to the take off platform. The center beam and support legs shall be fabricated from 48.3 mm (1.9") O.D. pre-galvanized steel tubing. The teardrop shaped rungs shall be fabricated from 33 mm (1.315") O.D. pre-galvanized steel tubing. The Circular Overhead shall have a baked-on electrostatically applied polyester dry powder coating. EE. Ring Challenge shall consist of a 60 mm (2.375") O.D. pre-galvanized steel beam and shall have ring coils fabricated from 33 mm (1.315") O.D. pre-galvanized steel tubing. Ring challenge shall be an all welded construction and shall have a baked-on electrostatically applied polyester dry powder coating. FF. Log Roll shall be rotationally molded from linear low density polyethylene with nylon bearings. The log roll posts shall be fabricated out of 127 mm (5") O.D. pre- galvanized steel tubing. Rails shall be fabricated from 33 mm (1.315") O.D. pre- galvanized steel tubing. After fabrication all galvanized steel parts shall have a baked- on electrostatically applied polyester dry powder coating. GG. Stepping Stones shall be rotationally molded linear low density polyethylene mounted on 60 mm (2.375") O.D. pre-galvanized support posts. Playground Equipment 02460 - 9 Criss Cross, Arch and Incline Crawl Tunnels shall consist of 35 degree sections and have an approximate internal diameter area of 762 mm (30"). Crawl tunnel mounting panels shall have the manufacturer's trademark applied to identify the source of the product. Tunnel sections and panels shall be rotationally molded from linear low density polyethylene. II. Plastic Steering Wheel shall be rotationally molded from linear low density polyethylene. Steering Wheels shall mount to a 25 mm (1") O.D. pre-galvanized steel tube. JJ. Sign Panels shall provide enclosure and be non-climbable. The plastic panel shall have the manufacturer's trademark molded in to identify the source of the product. Sign panel shall be rotationally molded from linear low density polyethylene. The molded in graphics shall not be raised above the surface of the panel. KK. Kid BuildersTM Panels, Lions Head Crawl Tunnel (U.S. Patent D-381056), Seat, Counter (U.S. Patent D-391615), Adjustable Counter and Door Panel shall be rotationally molded from linear low density polyethylene. The molded in graphics shall not be raised above the surface of the panel. LL. Safety Panels shall have the manufacturer's trademark applied to identify the source of the product. The panel shall be rotationally molded from linear low density polyethylene. MM. Double Archway Roof arches shall be fabricated from 11 gauge 127 mm (5") O.D. pre-galvanized steel tubing. Arches shall be bent to a 610 mm (24") center line radius. Roof section shall be fabricated from 16 gauge pre-galvanized sheet steel with 6 x 76 mm (.25" x 3") slots fabricated over the entire surface to provide light. The roof section shall be mechanically attached to each arch to form the archway roof assembly. After fabrication the archway roof shall have a baked-on electrostatically applied polyester dry powder coating. The archway roof assembly shall be slipped inside Kid BuildersTM arch sleeve posts with a drive screw tapped in flush to secure. NN. Mesh Gable Roof shall have ribs fabricated from 11 gauge 127 mm (5") O.D. pre- galvanized steel tubing. Ribs shall be bent to a 610 mm (24") center line radius. Roof section shall be fabricated from 16 gauge pre-galvanized sheet steel with 6 x 76 mm (.25" x 3") slots punched over the entire surface to provide light. The roof section shall be mechanically attached to each rib to form the gable roof assembly. After fabrication the gable roof shall have a baked-on electrostatically applied polyester dry powder coating. The gable roof shall be assembled using a roof post cap, which shall be fabricated from standard Kid Builders sleeve material with an 11 gauge cap and tab. OO. Safety Loops shall be fabricated from 33 mm (1.315") O.D. galvanized steel tubing with vertical rungs fabricated from 25 mm (1") O.D. pre-galvanized steel tubing. Playground Equipment 02460 - 10 After fabrication all loop components shall have a baked-on electrostatically applied polyester dry powder coating. PP. All Steel Tube Components shall comply with ASTM standards: A-500, or A-513. The steel tube components shall be pre-galvanized. The components are freed of excess weld spatter and shall be cleaned in a multiple bath system which shall include a rust-inhibitive iron phosphate wash prior to painting. PART 3 - EXECUTION 3.01 General This contract is for the supply and delivery of play equipment and includes tax, freight and other miscellaneous costs and the supervision of installation, if requested by Owner, for as many days as necessary. Ail other work, including but not limited to site work, border, sidewalks, resilient surfacing and installation are by Owner. END OF SECTION 02460 M:\ChanhassenX2004 play structurexV3id PackageXSpecificationxXTeclmicah Scctio~z 02460_Play.doc Playground Equipment 02460 - 11 City of Chahassen 690 City Center Drive, PO Box 147 Chanhassen, MN 55317 LAKE ANN PARK PLAYGROUND EQUIPMENT 7500 LAKE ANN PARK DRIVE Chanhassen, Minnesota Hoisington Koegler Group, Inc. 123 North 3rd Street, Suite 100 Minneapolis, Minnesota 55401 phone 612.338.0800 fax 612.338.6838 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed Landscape Architect under the laws of the State of Minnesota. Paul Paige MN Registration No.: 23594 Date: April 26, 2004 © Hoisington Koegler Group Inc., 2004 This document is lite intellectttal property of Hoisington Koegler Group btc. It shall not be copied, reproduced, distributed or used i~ a~y way other than its i~tended use to purchase the Lake Amt Playground Equipment, }vitho~t express permission from Hoisingtoa Koegler Group h~c.