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Home My WebLink AboutCourt Concepts Inc; 2006-05-18; PKS 06-01RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DGC# 2006-0888198 DEC 14, 2006 3:47 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 F!Y J. S MIT H, CO U N T Y RECORDER FEES: 0.00 F'AGES: 1 Space above this line for Recorder's use. PARCEL NO: VARIOUS NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on November 16, 2006. 6. The name of the contractor for such work or improvement is Court Concepts, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Tot Lot Improvements 2005-2006, Contract Number 39441, Project Number PKS 06-01. 8. The street addresses of said property are various locations within the City of Carlsbad. CITY O£ CARLSBAD Greg Clavier Public Works Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on Dpr.pmhpr 5 , 20 06 . accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 5 20 06 , at Carlsbad, California. LORRAINE M. WOOD City Clerk V^X" WorcKMasters\Forms\Notice of Completion (City)3/9/98 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR TOT LOT IMPROVEMENTS 2005-2006 PROJECT NO. PKS 06-01 CONTRACT NO. 39441 BID NO. PWS06-23GEN TABLE OF CONTENTS Hem Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 15 Bidder's Bond To Accompany Proposal 16 Guide For Completing The "Designation Of Subcontractors" Form 18 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 20 Bidder's Statement Of Financial Responsibility 21 Bidder's Statement Of Technical Ability And Experience 22 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers'Compensation 23 Bidder's Statement Of Re Debarment 24 Bidder's Disclosure Of Discipline Record 25 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 27 Contract Public Works 28 Labor And Materials Bond 34 Faithful Performance/Warranty Bond 36 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 38 Revised 10/08/03 Contract No. 39441 Page 2 of 71 Pages SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 41 1-2 Definitions 42 1-3 Abbreviations 43 Section 2 Scope And Control Of The Work 2-3 Subcontracts 43 2-4 Contract Bonds 43 2-5 Plans And Specifications 44 2-9 Surveying 46 2-10 Authority Of Board And Engineer 46 Section 3 Changes In Work 3-2 Changes Initiated by the Agency 47 3-3 Extra Work 47 3-4 Changed Conditions 47 3-5 Disputed Work 48 Section 4 Control Of Materials 4-1 Materials And Workmanship 51 4-2 Materials Transportation, Handling and Storage 52 Section 5 Utilities 5-1 Location 52 5-4 Relocation 52 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 53 6-2 Prosecution Of Work 53 6-6 Delays And Extensions Of Time 53 6-7 Time of Completion 54 6-8 Completion And Acceptance 54 6-9 Liquidated Damages 54 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance 55 7-4 Workers' Compensation Insurance 55 7-5 Permits 55 7-7 Cooperation and Collateral Work 55 7-8 Project Site Maintenance 55 7-10 Public Convenience And Safety 56 7-13 Laws To Be Observed 57 Section 8 Facilities For Agency Personnel 8-2 Field Office Facilities 57 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work 57 9-3 Payment 57 Revised 10/08/03 Contract No. 39441 Page 3 of 71 Pages PART 2 Construction Materials Section 201 Concrete, Mortar And Related Materials 201-1 Portland Cement Concrete 60 Section 213 Engineering Fabrics 213-3 Gravel Bags 60 PART 3 Construction Methods Section 300 Earthwork 300-2 Unclassified Excavation 61 Section 301 Treated Soil, Subgrade Preparation And Placement Of Base Materials 301-1 Subgrade Preparation 62 TECHNICAL SPECIFICATIONS AND SPECIAL CONSTRUCTION PROVISIONS 63 TECHNICAL SPECIFICATIONS FOR HANDICAP ACCESSIBLE PROTECTIVE PLAYGROUND SURFACING (Poured-in-Place Safety Surface) 69 TECHNICAL SPECIFICATIONS - PLAYGROUND EQUIPMENT 70 Revised 10/08/03 Contract No. 39441 Page 4 of 71 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 PM on March 29, 2006, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Installation or replacement of playground equipment and resilient surfacing in City parks. TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 BID NO. PWS06-23GEN This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the General Services Department. The specifications for the work include the Standard Specifications for Public Works Construction, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract, section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. Revised 10/08/03 Contract No. 39441 Page 5 of 71 Pages The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 8. Certificate of Insurance. The riders covering the 2. Bidder's Bond City, its officials, employees and volunteers may 3. Non-Collusion Affidavit be omitted at the time of bid submittal but shall 4. Designation of Subcontractors be provided by the Bidder prior to award of this and Amount of Subcontractor Bid contract. 5. Bidder's Statement of Financial Responsibility 9. Bidder' s Statement Re Debarment 6. Bidder's Statement of Technical Ability and lO.Bidder's Disclosure Of Discipline Record Experience 11.Escrow Agreement for Security Deposits - 7. Acknowledgement of Addendum(a) (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $260.000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract:. CLASSIFICATIONS FOR CONTRACTORS ARE: (A General Engineering), (C-61/D-12 synthetic products), (C-61/D-34 Prefabricated Equipment) If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $30.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Revised 10/08/03 Contract No. 39441 Page 6 of 71 Pages The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting will be held at the Parks Administration Office, 1166 Carlsbad Village Drive on March 15, 2006 at 1:00 PM. Parking is available in the City Parking Lot on Pio Pico. This meeting is not mandatory. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. Revised 10/08/03 Contract No. 39441 Page 7 of 71 Pages If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. "Bidders are advised that a contractor or subcontractor with an appropriate license classification must perform the installation of resilient surfacing. C-61/D-12. Any bid that proposes this work to be performed by any other license classification will be determined to be NON-RESPONSIVE. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2006-025, adopted on the 7th day of February, 2006. February 22.2006 / Date 5<ARgN RQoJftDjJ, Assent City Clerk 0 Publish Date: February 27, 2006 Revised 10/08/03 Contract No. 39441 Page 8 of 71 Pages CITY OF CARLSBAD TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1 200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 39441 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: SCHEDULE "A" TOT LOT IMPROVEMENTS Item No. Description A-1 Installation of Resilient Surfacing at Holiday Park at 0 Dollars (Lump Sum) Revised 10/08/03 Approximate Quantity and Unit LS Dollars (Lump Sum) A-2 Demolition of Playground Equipment at Holiday Park at 7 »t LS Dollars (Lump Sum) A-3 Installation of Playground Equipment at Holiday Park at LS Dollars (Lump Sum) A-4 Installation of Resilient Surfacing at Hosp Grove Park LS Unit Price Total $ # T", * ? "»•• $ '>-, V» *- "'$ $ $ Contract No. 39441 Page 9 of 71 Pages Item No. Description A-5 Demolition of Playground Equipment at Hosp Grove Park at A-6 A-7 Dollars (Lump Sum) Installation of Resilient Surfacing at La Costa Canyon Park at Dollars (Lump Sum) A-8 Installation of Playground Equipment at La Costa Canyon Park at ./ rn/ Fz?s.~ A-9 Dollars (Lump Sum) Installation of Resilient Surfacing at Laguna Riviera Park at Dollars (Lump Sum) A-10 Installation of Playground Equipment at Laguna Riviera Park at A-1 1 Dollars (Lump Sum) Approximate Quantity and Unit LS Dollars (Lump Sum) Installation of Playground Equipment at Hosp Grove Park at Dollars (Lump Sum) Installation of Resilient Surfacing at Poinsettia Park at , _ LS LS LS LS LS LS $ $_ $_ $. Unit Price Total $. $ $. Revised 10/08/03 Contract No. 39441 Page 10 of 71 Pages Item No. Description A-12 Installation of Resilient Surfacing at Scout House at Approximate Quantity and Unit LS Dollars (Lump Sum) A-1 3 Demolition of Playground Equipment at Scout House at LS Dollars (Lump Sum) A-1 4 Installation of Playground Equipment at Scout House at 0 f&is ,\* -Hi/*> LS Dollars (Lump Sum) A-1 5 Installation of Resilient Surfacing at Stagecoach Park LS Dollars (Lump Sum) A-16 Installation of Playground Equipment at Stagecoach Park at LS Dollars (Lump Sum) Total amount of bid in words for Schedule "A": Unit Price Total (O .6/0 .$ ,i,(7r $ Total amount of bid in numbers for Schedule "A": $_ The basis of award will be the sum of Schedule "A". The properly extended bid item totals, in words, shall govern. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s)._ proposal. has/have been received and is/are ingJtided in this Revised 10/08/03 Contract No. 39441 Page 11 of 71 Pages The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number _ ""7*f7 Cel*^ _ , classification if\ _ which expires on _ Tj {fy ( &*& _ , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028. 15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is _ * & ** - _ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1 , Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Revised 10/08/03 Contract No. 39441 Page 12 of 71 Pages License Detail Page 1 of2 California Home Wednesday, March 29, 2006 License Detail Contractor License # 747624 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. • Per B&P 7071.17. only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 03/29/2006 * * * Business Information * * * COURT CONCEPTS INC PO BOX 710277 SANTEE, CA 92072 Business Phone Number: (619) 390-1614 Entity: Corporation Issue Date: 03/30/1998 Expire Date: 03/31/2008 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * [Class |A Description ENGINEERING CONTRACtOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 6031608 in the amount of $10,000 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL^): The Responsible Managing Officer (RMO) MARK JEFFREY COPELAND certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 03/30/1998 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 1126080 Effective Date: 06/01/1997 Expire Date: 06/01/2006 http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 03/29/2006 License Detail Page 2 of 2 Personnel List License Number Contractor Name Personnel Name Request Request Request Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 03/29/2006 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Streefand Number) City and State (4) Zip Code Jelephone No. (5) E-Mail IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note? Signature must be made by a general partner)(Note?! (3) Place of Business (Street and Number) City and State (4) Zip Code / Telephone No. (5) E-Mail. Revised 10/08/03 Contract No. 39441 Page 13 of 71 Pages IF A CORPORATION. SIGN HERE: (1 ) Name under whi ' (Signature) I "*.£.£, iO*vl (Title) Impress Corporate Seal here C-\(Street and Number) (3) Incorporated under the laws of the State of (4) Place of Business (y. frc?x "!<«= City and State (5) Zip Code ^w * ^ Telephone No. (6) E-Mail t"< • NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: l Revised 10/08/03 Contract No. 39441 Page 1 4 of 71 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Cou On Date before me, personally appeared ss. Mildred L. Lorenzen, Notary PubDc Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s)ofSigner(s) D personally-known to me _ . Dved to me on the basis of satisfactory evidence to be the person(fc£whose nam^sf is^LSubscribed to the within instrument and acknowledged to me that he/sbeAfeey executed the same in his/tw/toeir authorized capacity(ij^, and that by his/he^heir signatureJgJjDn the instrument the person^), or the entity upon behalf of which the person^ acted, executed the instrument. Place Notary Seal Above ESS mv hand and offia OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documen Title or Type of Document: Document Dati Signer(s) Other Than Named Above: Signer(s)Capacity(ies) Cl Signer's Name: jg Individual D Corporate Officer— Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator' D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate^Qfficer — Title(s): D Partner — Dttmited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 BID SECURITY FORM (Check to Accompany Bid) TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check/payable to the order of CITY OF CARLSBAD, in the sum of this amount being ten percent (10%) of the totePamount of the bid. The proceeds of this check shall become the property of the City provided this^roposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (151/aays after the date set for the opening thereof, unless' otherwise required by law, and notwithstanding the award of the contract to another bidder. dollars ($_J, BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 10/08/03 Contract No. 39441 Page 15 of 71 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 KNOW ALL PERSONS BY THESE PRESENTS: That we, COURT CONCEPTS, INC. , as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF THE TOTAL AMOUNT BID for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal (or: TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 10/08/03 Contract No. 39441 Page 16 of 71 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 21ST day of. PRINCIPAL: O (name of Pi By: (sign here) (print name here) K (Tide and Organizationjof Signatory) By:. (print name here) r* (title and organization of signatory) MARCH ... 2006 21ST . dayExecuted by SURETY this. of MARCH , 2006 . SURETY: FIRST NATIONAL INSURANCE COMPANY OF AMERICA (name of Surety) 120 VANTIS. ALISO VIEJO. CA 92656 (address of Surety) 949-860-6602 (telephone number of Surety) (signature of Attorney-in-Fact) DWIGHT REILLY, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Revised 10/08/03 Contract No. 39441 Page 17 of 71 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On MARCH 21ST, 2006 . before me, Date personally appeared ALLISON RITTO, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") DWIGHT REILLY Name<s) of Signer(s) £] personally known to me D proved to me on the basis of satisfactory evidence ALLISON RITTO Commission #153 7464 Notafy Public - California Orange County My Comm. Expires Dec 23 to be the personfs) whose name^e) is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hof/thelr authorized capacity(ie3), and that by his/+w/tt»ir signature^on the instrument the person^), or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal./ ft _ v j^c^fe^— Place Notary Seal Above Signature of Notary Public ALLISON RITTO OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date:.MARCH 21ST, 2006 . Number of Pages:. Signer(s) Other Than Named Above:,NONE Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — u Limited C General 5(i Attorney in Fact D Trustee LJ Guardian or Conservator D Other: DWIGHT REILLY RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA ^^ POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 FIRST NATIONAL SURETY SEATTLE. WA 98124-1526 PO BOX 34526 SEA1TI.K.WA 98124-1526 No. 9551 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint.,.,..„.,.„,...,,..„..,,...,...,..,,...,,,.,...,..,, j DUCCK; DWIGHT REILLY; Anaheim, California**"**' Its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this llth day of January , 2005 CHRISTINE MEAD. SECRETARY _ MIKE MCGAVICK. PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA; "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL-INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 1 3 of the By-Laws, and (ii) A copy of the power-of-ettorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 21ST _ dayof MARCH _ 2006 . CHRISTINE MEAD, SECRETARY S-1049/FNEF 7/98 ® A registered trademark of SAFECO Corporation 01/11/2 005 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT before me, personally Date appeared Mildred L. Lorenzen, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public*) OFFICIAL SEAL I .LORENZEN' D personally known to me to me on the basis of satisfactory evidence to be the person(s) whose name(s)'ja£are subscribed to the within instrument and acknowledged to me that •he/she/they executed the same in bi&lber/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WTTNESS my hand and officialspal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Signer's Nam; D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Company Profile Page 1 of 2 company Profile FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFECO PLAZA SEATTLE, WA 98185-0001 800-332-3226 Agent for Service of Process DAWN JEWORSKI, 120 VANTIS SUITE 130 ALISO VIEJO, CA 92656 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24724 NAIC Group #: 0163 California Company ID #: 0978-7 Date authorized in California: January 03, 1929 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossa AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 03/29/2006 Company Profile Page 2 of 2 Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - December 13, 2005 09:17 PM Copyright © California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 03/29/2006 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in the Supplemental Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and 'Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used bv the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 40 percent of the work bv subcontractors or otherwise to be preformed bv forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated bv the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed bv the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than forty percent (40%) of the work with its own forces. Revised 10/08/03 Contract No. 39441 Page 18 of 71 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 10/08/03 Contract No. 39441 Page 19 of 71 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* ^•A.HC£- A^em* p-G.^L'iVfjr f^.iPu^-o <*> I •Oyf^tx-vn t? *J Subcontractor Name and Location of Business Q\t^L. sperCKun^s &#£,>* -syUeS'V T^a^i^Jrta ''IfS^^ l4C-*~ -ipT-lfrT- (£-6O Amount of Work by Subcontractor in Dollars* *nv^H.'" Subcontractor's License No.* Page V of A -.£~c -\ / pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 10/08/03 Contract No. 39441 Page 20 of 71 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. N a Revised 10/08/03 Contract No. 39441 Page 21 of 71 Pages 03/28/2008 05:48 FAX 7804349844 ACCOUNTING OKEICES i • STEVEN T. KLOVANISH I CERTIFIED PUBLIC ACCOUNTANT To the Board of Directors Court Concepts, Inc. San Di^go, California We have reviewed the accompanying balance sheet of Court Concepts, Lac. (a California corporation) as of December 31,2005, and related statements of income, changes in stockholder's equity (deficit) and cash flows for the year then ended, in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of Court Concepts, IDC. A review consists principally of inquiries of Company personnel and analytical procedures applied financial data. It is substantially less in scope man an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made . to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. Our review was made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted accounting principles. The information included in the accompanying Schedules I and n is presented only for supplementary analysis purposes. Such information has been subjected to the inquiry and analytical procedures applied in the review of the basic financial statements. We are not aware of any material modifications that should be made to the supplementary information. March 27,2006 2721 CARLSBAD BOULEVARD • CARLSBAD, CA 72006 (7401 434-0222 • FAX (760} 434-9«44 _03/Z«/2006 05:43 FAX 7804349844 ACCOUNTING OFEICES COURT CONCEPTS, INC. Notes to Financial Statements December 31,2005 1. Significant Accounting Policies Court Concepts, Inc. (the "Company") is a California snbchapter S Corporation engaged in the business of providing construction services to the municrpatitiea and private industry. Work is primarily perfonwd under fixed-price contracts and time and material contracts. The Company commenced operations as an S Corporation in 1997. Revenue and Cost Recognition Revenues from fixed-price construction contracts are recognized on the percentage-of-completion method, measured by the percentage of costs incurred to date to estimated total costs fin: each contract This method is used because management considers expended costs to be the best available measure of progress on these contracts. Contract costs include all direct material and labor costs and those indirect costs related to contract performance, such as indirect labor, supplies, tools, repairs, and depreciation costs. Selling, general, and administrative costs are charged to expense as incurred. Caah and Cash Equivalents Cash, and Cash Equivalents represent cash held in bank accounts and on band at December 31,2005. Property & Eouromcnt Property & Equipment is recorded at cost. Depreciation is provided principally using an accelerated method over the estimated useful lives of die assets. Repairs and maintenance expenditures are charged to expense as incurred. Renewals and bettienwntsv^uch significantly extend the useful lives of existing property & equipment are capitalized. The Company periodically evaluates the recoverabiliry of its long lived assets for impainnents. The Company has recognized no such impairments. Inventory The Company does maintain any material quantities of inventory. Income Taxef The provision for income taxes is computed based on the applicable state corporate tax rates. Subchattter S corporations do not have direct federal tax obligations (see subsequent paragraph). The provision for income taxes is not computed in accordance with Stetemem of Financial Accounting Standards No. 109 Accounting for Income Taxes ("FAS 109"). FAS 109 requires computation of deferred income taxes attributable to temporary differences which result from revenues and expenses being recognized in different periods for fmarKial reporting purposes than income tax purposes. In the event flic Company computed deferred income taxes as described above, the result would be immaterial to the financial statements taken as a whole. Taxable income of the Company is reported on the federal and state tax returns of the individual shareholders. Accordingly, no provision has been made for federal income tax in the accompanying i statements. u,>/«o/£vu» wo:** I-AA iovu*»oti itMMwmsn, urcivca COURT CONCEPTS, INC. Notes to Financial Statements December 31,2005 2. Accounts Receivable Contract Receivable Billed Completed Contracts $ 40,014 Contracts in Progress 123,730 S 163.744 Due to established customer relationships, an allowance for doubtful collections is not deemed necessary. 3. Equipment, Furniture & Vehicles Assets Furniture and Equipment S 36,699 Vehicles 63.742 101.441 Accumulated Depreciation (47,154) Net Equipment, Furniture & Vehicles S 53,287 4. Prepaid Assets Prepaid Insurance S 29,223 5. Accoiwto Payable and Accraed Liabilities Accounts Payable and Accrued Liabilities include normal trade payables totaling $61,961 at December 31,2005. 6. Common Stock The Company is authorized to issue 1,000 shares of no par value stock. This is me only da« of stock authorized. At December 31,2005, 500 shares were issued and outstanding. There was no change in the amount of stock issued during 2005. J COURT CONCEPTS, INC. Notes to Financial Statements December 31,2005 7. Capital and Operating Lease Rentals The Company icotsc^pment on a shoit-tcnn basis as needed en each job. The Company maintains an operating tease foe warehouse space. The lease is renewed every six months stalling on the first of January and July each year. The cunent monthly rent is $1,025. 8. Concentrations The Company does not concentrate a large volume of its business with any single supplier of customer. Tte&mipaayuffifhieneedbyfhestieas&tf the San Diego area. Adverse pressure on mat industry could impact the Company. 9. Commitments and Contingencies The Company has an operating tease as described in Note 7. U3/2V/2UUV 05=44 KAA 7VU434VV44 COURT CONCEPTS, INC. BALANCE SHEET DECEMBER 31,2005 ASSETS Current Assets Cash Accounts Receivable Costs & Estimated Earnings in Excess of Billings Total Current Assets Equipment, Furniture & Vehicle, net of accumulated depreciation of $47,154. Prepaid Assets Total Assets 2,000 163,744 38.952 204.696 53.287 29.223 287, LIABILITIES & STOCKHOLDERS' EQUITY Current Liabilities Accounts Payable and Accrued Liabilities Provision for Income Taxes Total Current Liabilities Stockholders' Equity Common Stock Paid in Capital Retained Deficit Total Stockholder's Equity 61,961 2.075 50.000 285,230 (112.060) 64,036 223,170 Total Liabilities & Stockholder's Equity 287,206 Unaudited -See Accountant's Report and Notes to Financial Statements 03/2V/2U06 U5:*4 7VU434V044 COURT CONCEPTS, INC. STATEMENTS OF INCOME AND RETAINED EARNINGS FOR THE YEAR ENDED DECEMBER 31,2005 Revenue Cost of Revenue Gross Profit 1.612,615 1.234.368 378.247 General & Administrative Costs Accounting Automobile Depredation Does & Publications Insurance & Bonds Fees. Licenses & Permits Miscellaneous Office Equipment and Supplies Outsde Consultants Payroll Fees Postage & Delivery Rent Repairs and Maintenance Salaries Taxes Telephone Utilities Total General & Administrative Costs Income from Operations before Income Taxes Provision for Income Taxes Net Income Retained Deficit, beginning Distributions to shareholder Retained Defict, ending 4.000 23.565 1,370 3,475 94,718 7,948 5,438 1.797 12.287 3.444 401 12.160 423 40,460 2,148 25.548 239,898 138.349 (2.075) 136374S^O±9S59SS^= (109.405) (138.929) Paid in Capital, beginning Paid in Capital, ending 285,230 Common Stock, beginning Common Stock, ending 50,000 50,000 Unaudited - See Accountant's Report and Notes to Financial Statements 09/28/2008 05:44 FAX 7604349644 ACCOUNTING OFEICES IfflUUO COURT CONCEPTS, INC. Statement of Cash Flows For the Year Ended December 31,2005 CASH FLOWS FROM OPERATING ACTIVITIES: Net income Adjustments to reconcile net income to cash provided by operating activities: Depredation and amortization Increase (decrease) in cash from the change in: Accounts Receivable Notes Receivable Costs & Estimated Earnings hi Excess of BHIings Prepaid Assets Accounts Payable and Accrued Liabilities Provision for Income Taxes Net cash provided by operating activities CASH FLOWS FROM INVESTING ACTIVITIES: Net cash from investing activities CASH FLOWS FROM FINANCING ACTIVITIES Shareholder Distributions Net cash used for financing activities NET INCREASE IN CASH AND CASH EQUIVALENTS CASH AND CASH EQUIVALENTS. BEGINNING OF YEAR CASH AND CASH EQUIVALENTS. END OF YEAR 136,274 1,370 (82.929) 1,850 (717) 6,386 55,386 2,075 149,696 (138.929) (138,929) 10.787 (8.767) 2.000 Unaudited - See Accountant's Report and Notes to Financial Statements 03/28/2006 05:44 FAX 7604349644 ACCOUNTING OFEICES COURT CONCEPTS, INC. A/RAGING SUMMARY DECEMBER 31,2005 31-60 61-90 _80±_Total Albert Bertha Century Corporation City of San Diego - Serra Mesa Dena Giltespie Douglas E. Bamhart, Inc. GIA Haddad MlkeZajda Patomar West Estates Standard Pacific Homes Steve Hoamer Terra Firma Landscape Co. 1,061 950 550 6.200 600 4,313 13.800 7.367 51,300 68 60.750 94.597 52.361 1,061 950 13,526 13,526 550 1.569 7.769 1.240 1.840 4,313 450 450 13,800 58,667 68 60,750 2.019 14,766 183,744 Unaudited - See Accountants Report and Notes to Financial Statements U9/2V/2UUO U9C44 COURT CONCEPTS, INC. A/PAGING SUMMARY DECEMBER 31,2005 Current 31-80 61-90 ToM BJ's Rental Store CaHfomte Products Chevron / Shel Oil Colins Company Cox Communications Douglas Industries Dupree Trucking Echo Sport FiratTeam, Inc. Hawthorne Rent-lt John Deere Landscape Landmark Engineering Corp. Merli Concrete Pumping Parker Rebar Supply Paychex Rebel Rents Robertsons Ready Mix SBC State Comp Insurance Superior Ready Mix TEG Staffing Terra Nova Electric Verizon Wireless 41 600 573 753 120 714 5.920 2,150 3.052 1.9Z7 71 170 1.153 7.750 143 664 24.519 1.335 1.863 3,375 1.517 3.156 397 61.961 41 600 573 753 120 714 5,920 2.150 3,052 1.927 71 170 1.153 7.750 143 684 24.519 1.335 1,863 3.375 1.517 3.156 397 - _ 61.961 Unaudited - See Accountant's Report and Notes to Financial Statements sl °s ii i 3 f: 5 R(\ J! S5 ii ? si U> if: •^ 19 iiSfi III S E Eill II Ii s I urn &UI 2 ffi 5818 SIR i iI 1 wj efc-«?n AAA?/OT BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract Art- A Revised 10/08/03 Contract No. 39441 Page 22 of 71 Pages ro o Dm ^CO CO m m Iw 00en SB enen COto CD Playground Renovatiod Clark Ritter (6 1 9) 235-5236Playground AdditionPowerhouse Park-ExU3-Sandberg Park-NewClark Ritter (6 1 9) 235-5236RenovationSolana Highlands ParlExist Playgroundi Samir Mahmalji (6 1 9) 533-3O4O Playground RenovatioP Mesa Verde Park-ExisH- f \ Oi 1— tCO 01CO CO1COo o Exist PlaygroundRenovationRalph Adamos (858) 495-78 15Playground RenovatioUniversity Gardens PEH 3 Ralph Adamos (858) 495-7815Playground RenovatioAzalea Park-Exist3 P I § 1 01 CO 01CO S] O>Observation Trails &Flatwork Additions§ S? 03 01co 02 WSI 00boSI CO O § sw 03 I—*CD CO CDSI 05 OS)*> c?5 c? ca H-1 CD enco co *>4^CD mo CD ~am2 mzom obOen OO CD O In •ma 01 CO COCD O OO O to O Obo Oen S]Osi bo S|01" 01Olco CO ^ tO t& 01 H-CQ en pi bobO O O CO to(— •tobo enCD 01 SI COCDco do Powerhouse Park Playground, Pel Mai-, CA, City of Del Mar-Pavid Scberer (858) 755-3294- Park Village Elementary, Rancho Penasquitos, CA Pouglas E Barnbarf, Inc. Standley Park Playground, U Jolla Rec Playground, City Heights Mini Park, Cabrillo Heights Playground, Murray Ri4ge Playground, Nestor Park Playground, Allied Gardens Playground, City of San Piego Parks & Rec-Penise Weems (619) 525-8234 Magnolia, Ballantyne, Fuerte, & Vista Grande Elementary School Playgrounds, El Capn, CA El Cajon Valley Unified School Pistrict-James Beard (619) 588-3O23 Starridge Park/Playground, Arbolitos Park, City of Poway-Jim Bentz (858) 679-434-8 Solana Highlands Playground, Carmel Pel Mar Playground, Sandburg Park Playground City of San Piego Parks & Rec-lgor Levin (858) 495-4729 Shelter Island Playground, Spanish Landing Playground-San Piego, CA Pepper Park Playground-National City, CA San Piego Unified Port Pistrict-Alan Redmon (619) 686-653O San Onofre Elementary School Playground, Fallbrook Unified School Pistrict-Bill Holder (760) 723-7O78 Balboa Park Improvements, Tierrasanta Park Improvements, University Gardens Park, Azalea Park, Mesa Viking Park-City of San Piego Parks & Rec-Kevin Oliver (619) 533-1386 Collier Park/Playground Phases 1 & 2-Ramona, CA, County of San Piego-Melake G. (858) 694-3O39 Lindo Lakes Playground-Lakeside, CA-County of San Piego-Ken Gengler (858) 694-3368 Kearny Mesa Rec Tot Lot, Montgomery Waller Playground, Western Hills Park/Playground San Piego, CA-City of San Piego Parks & Rec-Tom Cartier (619) 533-3O54 Cadman Park Tot Lot, Gershwin Park Tot Lot, Mesa Verde Park Tot Lot-San Piego, CA City of San Piego Parks & Rec-Samir Mahmalji (619) 533-3O4-0 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Revised 10/08/03 Contract No. 39441 Page 23 of 71 Pages ACORD, CERTIFICATE OF LIABIL PRODUCER (619) 287-8613 KEVIN DAHLKB INSURANCE BROKERAGE 6812 DEEP VALLEY RD SAN DIEGO CA 92120- BMURED COORT CONCEPTS P.O. BOX 710277 SANTEE CA 92071- ITY INSURANCE SSSS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: COLONY NATIONAL INS. CO INSURER ft MSURERC: INSURER D: GENERAL INS CO OF AMERICA INSURER E: NAICff 34118 24732 COVERAGES TH RE TH AO VTP A D V A DESC TOT EPOL QUIRE E INS GREG MIDI.funi X X worn EMPL ANYF OFFK »»•«. SPEC OTHE HIPTK LOT (CIE 'MB URA ATE oa X GEI X AIT X EXC X HERS OYfJ flOP •ERA <Mwe |ALP R INCH IK S OF INSURANCE LISTED BELO IT. TERM OR CONDITION OF Al MCE AFFORDED BY THE POL LIMITS SHOWN MAY HAVE BEE TYPE OP INSURANCE NERAL LIABILITY COMMERCIAL GENERAL LMBIUTY [CLAIMS MADE 1 X| OCCUR fL AGGREGATE UMTT APPLIES PER: poucvl ISlc* 1 luoc rOMOMLE LIAMUTY ANYAUTD ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS UU» LIABILITY ANY AUTO XSMMMELLA UABUTY OCCUR | [CLAIMS MADE DEDUCTIBLE RETENTION S OOMPINSATION AND W UABUTY RtETDWF'ARTNERCXECUnVE4EMBER EXCLUDED? *• underROVISIONSMov raOVBODITB 2005-2006 * W HAVE BEEN ISSUED TO THE INSUT ff CONTRACT OR OTHER DOCUMEK JOES DESCRIBED HEREIN IS SUBJ N REDUCED BY PAID CLAIMS. POLICY NUMBER AR5360166 24CC030269-1 ARS4 60006 mEXCUHHONS ADDED BY ENOORSEHENT COHTJUCT 139441 tED NAMED ABOV r WITH RESPECT ECT TO ALL TH 'SffigSffitf 11/20/2005 / / / / / / 01/29/2006 / / / / / / / / 01/04/2006 / / / / / / / / / / / / (SPECIAL PROVNKM fEFORTHEPOUC TO WHICH THIS C E TERMS. EXCLU! P85?<g2S$rrr 11/20/2006 / / / / / / 01/29/2007 / / / / / / / / 11/20/2006 / / / / / / / / / / / / IT PERIOD INDICATED. NO1 ERTIFICATE MAY BE ISSUE 5K3NS AND CONDITIONS UNIT EACH OCCURRENCE PREM^S^^Snat MED EXP (Aw on* pmon) PERSONAL ft ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGO COMBINED SINGLE LIMIT (E»MCM«it) BODILY INJURY (Parptnon) BODILY INJURY (Pfr MOidMrt) PROPERTY DAMAGE(PWKOUMlQ AUTO ONLY • EA ACCIDENT OTHER THAN EAACC AUTO ONLY: ^ EACH OCCURRENCE AGGREGATE irWOfflfei nap- E.L EACH ACCIDENT E.L DISEASE • EA EMPLOYEE E.L. DISEASE - POLICY LIMIT •WITHSTANDING ANY •DOR MAY PERTAIN. OF SUCH POLICIES. S $ 1,000,000 f 50,000 t 0 f 1,000,000 f 2,000,000 S 2,000,000 $ 1,000,000 t 1 S f « 2,000,000 $ 2,000,000 f $ $ » S t CERTIFICATE HOLDER CANCELLATION ( > ( ) KEVIN DAVIS CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD CA 92008- SHOULD ANY OF THE ABOVE DESCRIBED POUCU BE CANCELLED BEFORE THE EXPMAHON DATE THEREOF, THE ISSUING INSURER WILL TOMOfNXXK MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. kYKX AUTHOMZEO REPRESENTATIVE " ^ , ACORD 25 (2001AM) f|TM-INS025(oio«).cls ELECTRONIC LASER FORMS. INC. - (800)327-0945 O ACORD CORPORATION 1988 Pag»1ol2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) $1^- INS02S (0108).05 Page 2 of 2 Insured: Court Concepts, Inc. Policy Number: AR5360166 Effective Date: 11/20/2005 THIS CNDORSEMEHr CHANGES THE POLICY. PLEASE READ K CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN AGREEMENT- PRIMARY INSURANCE - COMPLETED OPERATIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTK>NH -WHO 18 AM INSURED i*w Any pwion or Ofgwitawtton tor whom you we (Mftomtag oponliorewton youindwcti p«raanor In wittnfl In a oorttaot of aprMmanlthataiidli ftn •ddHforwl intmd on your ooJky to atoo an found, but arty wUh mpec* totobffrytor •booty fc#«y or iprooefly annao** ctuiad, <n whoi • or m p«t 6y *your wortr portonnwi ft>- tr*ito-coinpW^o i n«9««l to to insunnie* «*xd«d to ttw*t tddieorwJ Innrwtfi, ttik twmno* do** not -topiy IB *txxffly injury, 'property dM«MO«* or ->8»ioo«l wxt *0*i9itoa \rturf to****** to* ettaerf, or ft* fallur* lo rander. any prafeMional afehttocM*. Wfl)B»**ia or wrwytog <1) Tli* ptqparkig, tppravlnfl, or H*nfl to pr*p*n or tpfinw*. tMp*. ttoo****^, opinfom. <•• port*, iwvtyc, f!*kl orttr*, ch«r«« onhN* or tfrmtng* «od tpoGtfloMonn; end (1| SupontHiy, impacUon, •reMtoelura) or eng^noartng aOMiM- C. SECTION ^-CMmABERCtALOntCULUABIJTYCOMOniONS, 4 OUiorliui vnmtod wd ttw fettowfaw wkM: for ifiy ptnon « Ofg«nixaioo swu ft»v» »gr«otf to wrffng m t conlreet or *fl«**manc to «M 4« *n •4dwon«l luurvd, «h* irwurwo* iflbKiotf by M* Oovtrao* Ptrt lor twl •ddMonil Initnd b pri- mary inftuww* ind *• uff not MM* oorttttwOoo from w* ottv«r Imuinc* twitbl* to tlwt ALL OTHER TSRMS AHO CONDmONS OF TVIE POUCY R94NN UNCHANGED. U235CCMM05 CoMrinsmaiHfiietSOPmpMttoc, lno.,2000 03/28/2006 13:56 NO.796 P002 CERTHOLDER COPY SO P.O. BOX 420807, SAN FRANdSCO.CA 94142-0807 COMPENSATIONIN SURANCE FUND CERTIFICATE OF WORKERS1 COMPENSATION INSURANCE ISSUE DATE; O3-28-2Q06 GROUP: POLICY NUMBER: 1120080-2005 CERTIFICATE ID: 151 CERTIFICATE EXPIRES: 06-O1-2006 06-01-2005/06-01-2O08 CITY OP CARLSBAD SO JOB:TOT LOT IMPROVEMENTS 2005-2008 1835 FARADAY AVE CARLSBAD CA SZQOB-7314 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement term or condition of any contract or other document with respect lo which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. j \AOTHORIZED REPRESENTATIVE^ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1.0OO,OOO PER OCCURRENCE. ENDORSEMENT flBOO - MARK vl- COPELANO PRES - EXCLUDED. •ENDORSEMENT 11600 - DONNA L. COPELAND SEC.TREAS - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2002 ISATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT 12S70 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2008-03-28 IS__ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME:CITY OF CARLSBAD EMPLOYER COURT CONCEPTS (A CORP) DBA: COURT CONCEPTS PO BOX 710277 SANTEE CA 92072 [MAC.CN] PRINTED : 03-28-2006 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? k yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period"6f debarment period of debarment BY CONTRACTOR: (sign here) (print name/title) Page of pages of this Re Debarment form Revised 10/08/03 Contract No. 39441 Page 24 of 71 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractors license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes no 5) If the answer to either of 1 . or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) I -7Page L_ of *"" pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. 39441 Page 25 of 71 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. ZZZ (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (sign here) (print name/title) Page ' of ~~ pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. 39441 Page 26 of 71 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 State of California County of )) ss. ) and says that he or she is of (Name of Bidder) Q. _, being first duly sworn, deposes (Title) (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the "Z-^'rK day of Signature of Bi Subscribed and sworn to before me on the proved to me on die basis of satisfactory evidence to be the person^ who appeared before me. (NOTABY-SEAL OFFICIAL SEAL I MILDRED L LORENZEN^NOTARY PUBUC-CAUFORNIA j Signature of Notary Revised 10/08/03 Contract No. 39441 Page 27 of 71 Pages CONTRACT PUBLIC WORKS This agreement is made this / o - day of ^-//) by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City1), and COURT CONCEPTS INC. whose principal place of business is PO BOX 710277 SANTEE CA 92072 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2006 Edition, )hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. Revised 10/08/03 Contract No. 39441 Page 28 of 71 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Revised 10/08/03 Contract No. 39441 Page 29 of 71 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91 -403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. Revised 10/08/03 Contract No. 39441 Page 30 of 71 Pages b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91 -403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. Revised 10/08/03 Contract No. 39441 Page 31 of 71 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Revised 10/08/03 Contract No. 39441 Page 32 of 71 Pages 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR:corporation of (print name and title)LORRAINE M. WOOD, City i By: (print name and title) President or vice-president and secretary or assistant secretary must sign fo>/Q$FpoJ|avfions. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorne Revised 10/08/03 Contract No. 39441 Page 33 of 71 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On personally Date appeared before me, ss me and Title of Officer (e.g., "Jane Doe, Notary Public") ( t~ Name(s) of Signer(s) OFFICIAL SEAL |LARRY DEAN RODGERS *nw.^.-&m^ MYSCA0NMDM!Ei:feoQ7| D personally known to me to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ho/ohoflhey executed the same in •Wa'her/their authorized capacity(ies), and that by bie/ber/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WjTNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: /*" -t_ _L ^ — <3w\VClo ) Document Date:. Number of Pages: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: n Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual n Corporate Officer — Title(s): n Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 LABOR AND MATERIALS BOND BOND #6419245 PREMIUM INCLUDED .OR .PERFORMANCEWHEREAS, the City Council of the City of Carlsbad, State of California,fy Resolution No. 2006-092, BOND adopted APRIL 18. 2006 , has awarded to COURT CONCEPTS INC. (hereinafter designated as the "Principal"), a Contract for: TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, COURT CONCEPTS INC. as Principal, (hereinafter designated as the "Contractor), and FIRST NATIONAL INSURANCE COMPANY OF AMERICA as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWO HUNDRED NINETY SEVEN THOUSAND FIVE HUNDRED ELEVEN Dollars and SIXTY Cents ($297,511.60), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 10/08/03 Contract No. 39441 Page 34 of 71 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. llthExecuted by CONTRACTOR this J5 day of Ax 20.0jf.. Executed by SURETY this. MAY .day of -,20.06 CONTRACTOR: (name of Cont By:(sign here) SURETY:FIRST NATIONAL INSURANCE COMPANY OF AMERICA (name of Surety) 120 VANTIS, ALISO VIEJO, CA 92656 (address of Surety) (949)860-6620 (print name here)(telephone number of Surety) (title and organization of signatory) By: By:. (print name here) [t^-6DO[Lr Organization <5f si< (signature oTAttomey-m-Fact) DWIGHT REILLY (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney Revised 10/08/03 Contract No. 39441 Page 35 of 71 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE SS. On May 11TH, 2006 before me Date personally appeared ALLISON RITTO, NOTARY PUBLIC Name and Title of Officer (e.g., 'Jane Doe, Notary Public*) DWIGHT REILLY Namels) of Signer(s) $ personally known to me D proved to me on the basis of satisfactory evidence to be the personfs) whose name^e) is/are subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/lier/ll-ieir authorized capacityfiws), and that by his/hei"/thnir signature^on the instrument the person^), or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my.,hand and official seal.AM* Place Notary Seal Above Signature of Notary Public ALLISON RITTO OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:PAYMENT BOND Document Date:.May 11TH 2006 . Number of Pages: ?_ Signer(s) Other Than Named Above:.NONE Capaclty(les) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General S Attorney in Fact D Trustee n Guardian or Conservator D Other: DWIGHT REILLY RIGHT THUMBPRINT OF SIGNER Top ol thumb here Signer Is Representing:FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFECO*POWER OF ATTORNEY RRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX M526 SEATTLE. WA 88124-1526 No. 9S51 FIRST NATIONAL SURETY PO BOX 34526 SEA1TI.I-.WA 98124-1526 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *,,,..,.,.,.,.,.,..,.,,,,,,.,...,,,,*«......t.*..l[ j. DUECK; DWIGHT REILLY; Anaheim, California'""****************'***"*****"*'********"** its true and lawful attomey(s)-in-fact, with lull authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this Ilih day of January , 2005 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Its business.. . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL-INSURANCE COMPANY OF AMERICA adopted July 28. 1070. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (ill) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I. Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 11TH dayof MAY 2006 CHRISTINE MEAD, SECRETARY S-1 M9/FNEF 7/98 $ A registered trademark of SAFECO Corporation 01/1 1/2005 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of TP^A On personally Date appeared Narrte and Title of Offic«Je.g., "Jane Doe, Notary Public")/ \- U Name(s) of Signer(s) 1OFFICIAL SEAL LARRY DEAN RODGERS NOTARY PUBLIC-CALIFORNIA f COMM. NO. 1424807 £ SAN DIEGO COUNTYMY COMM. EXP. JULY 3, 2007 Place Notary Seal Above D personally known to me to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that .ho/ohe/they executed the same in l*«a/her/their authorized capacity (ies), and that by bie&et/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docurtient Title or Type of Document: Document Date:? I I ^ / \T (<r Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee n Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing:. Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Tbll-Free 1-800-876-6827 FAITHFUL PERFORMANCE/WARRANTY BOND BOND #6419245 PREMIUM:$3,475 WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2006-092, adopted APRIL 18. 2006 , has awarded to COURT CONCEPTS INC. (hereinafter designated as the "Principal"), a Contract for: TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, COURT CONCEPTS INC. , as Principal, (hereinafter designated as the "Contractor"), and FIRST NATIONAL TNRTTRANPK COMPANY OF AMKRTPA as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWO HUNDRED NINETY SEVEN THOUSAND FIVE HUNDRED ELEVEN Dollars and SIXTY Cents ($297,511.60), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the fece amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 10/08/03 Contract No. 39441 Page 36 of 71 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this H day of A^vt , 20 p^ . CONTRACTOR: COURT CONCEPJPS"~INC ^ (sign here) (print name here) P, By: (print name here) Executed by SURETY this llth day of MAY .,20.06 (name of Contractor) SURETY: FIRST NATIONAL INSURANCE COMPANY OF AMERICA _ (name of Surety) 120 VANTIS, ALISO VIEJO, CA 92656 (address of Surety) (949)860-6620 (Title and Organization of Signatory) By: (telephone number of Surety) (signature of Attorney-in-Fact) DWIGHT REILLY (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title arid Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney Revised 10/08/03 Contract No. 39441 Page 37 of 71 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On May 11TH. 2006 before me>ALLISON RITTO, NOTARY PUBLIC personally appeared Name and Title of Officer (e.g., "Jane Doe. Notary Public') DWIGHT REILLY ALLISON ROTO Commtotan* 1537464 Nofcxy Pubic-CoMomia Orange County IT My Comm. Expin* Dec 23.20Mf Name(s) of Signer(s) 29 personally known to me D proved to me on the basis of satisfactory evidence to be the personfs) whose name^e) is/are subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/her/their authorized capacityftw), and that by hisi'hef/thoir signatur&fe^on the instrument the person^), or the entity upon behalf of which the person^*) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public ALLISON RITTO OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:PERFORMANCE BOND Document Date:.May 11TH 2006 . Number of Pages: ?_ Signer(s) Other Than Named Above:.NONE Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General $ Attorney in Fact D Trustee D Guardian or Conservator D Other: DWIGHT REILLY RIGHT THUMBPHINT OF SIGNER Top o1 thumb here Signer Is Representing:. FIRST NATIONAL INSURANCE COMPANY OF AMERICA S A F E C O*•«-•*»• ruVVCR FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526FIRST NATIONAL SURETY SEATTLE. WA 93124-1526 PO BOX 34526 SEATH-K, WA 98124-1526 No. 9S51 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ,,,,..,„.„,,,.....,.,.......,....,,..,,.,....,.11 j DUECK; DWIGHT REILLY; Anaheim, California*"*****"*****"***""***"****************"* its true and lawful attomey(s)-!n-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this llth day of January , 2005 CHRISTINE MEAD. SECRETARY _ MIKE MCGAVICK. PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Us business.. . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of trie company, the seal, or a facsimile thereof, may be impressed or affixed or In any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL-INSURANCE COMPANY OF AMERICA adopted July 26, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (Hi) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of (he By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 11TH _ dayof MAY _ , 2006 . CHRISTINE MEAD, SECRETARY S-1049/FNEF 7IW Q A r^j^ered trademark of SAFECO Corporation 01/11/2005 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California of 37-County ^»» On ^> personally Date appeared Nameand Title of Officer (e.g., "Jane Doe, Notary Public:) -^ Name(s) of Signer(s) / OFFICIAL SEAL LARRY DEAN RODGERS NOTARY WBUC-CAJLITORNIACOMM. NO. 1424807 SAN 01 i MY COMM. | D personally known to me to me on the basis of satisfactory evidence to be the person(s) whose name(s) te/are subscribed to the within instrument and acknowledged to me that Jic/ohe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above TN ESS my hand and o Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document — Title or Type of Document: 'JiffvT^ TO V Document Date:J / ( *~> I O . Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here ® 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and i Y *fV- whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for: TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. Revised 10/08/03 Contract No. 39441 Page 38 of 71 Pages 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature. Address _ For Contractor: V \ Title Name Signature. Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 10/08/03 Contract No. 39441 Page 39 of 71 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title Name Signature. Address MAYOR For Contractor:Title Name Signature. Address For Escrow Agent:Title Name Signature. Address oRevised 10/08/03 Contract No. 39441 Page 40 of 71 Pages ^ SUPPLEMENTAL PROVISIONS :J pOR TOT LOT IMPROVEMENTS 2005-2006 CONTRACT NO. 39441 CITY OF CARLSBAD SUPPLEMENTAL PROVISIONS TO "GREENBOOK" STANDARD SPECIFICATIONS for PUBLIC WORKS CONSTRUCTION 2006 Edition PART 1, GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 10/08/03 Contract No. 39441 Page 41 of 71 Pages 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively f?TN defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Public Works Director is the third level of appeal for informal dispute resolution. Public Works Director - the Public Works Director of the City of Carlsbad or his/her approved representative. The Public Works Director is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Public Works Manager, General Services - The Public Works Supervisor's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Public Works Supervisor- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Revised 10/08/03 Contract No. 39441 Page 42 of 71 Pages 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Apartment and Apartments Bldg Building and Buildings CMWD Carlsbad Municipal Water District CSSD Carlsbad Supplemental Standard Drawings cfs Cubic Feet per Second Comm Commercial DR Dimension Ratio E Electric EWA Encina Wastewater Authority G Gas gal Gallon and Gallons Gar Garage and Garages GNV Ground Not Visible gpm gallons per minute IE Invert Elevation LWD Leucadia Wastewater District MSL Mean Sea Level (see Regional Standard Drawing M-12) MTBM Microtunneling Boring Machine NCTD North County Transit District OHE Overhead Electric OMWD Olivenhain Municipal Water District ROW Right-of-Way S Sewer or Slope, as applicable SDNR San Diego Northern Railway SDRSD San Diego Regional Standard Drawings SFM Sewer Force Main T Telephone UE Underground Electric W Water, Wider or Width, as applicable VWD Vallecitos Water District SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 40 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 40 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. Revised 10/08/03 Contract No. 39441 Page 43 of 71 Pages 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2006 Edition, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans are included as an appendix to these specifications. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. Revised 10/08/03 Contract No. 39441 Page 44 of 71 Pages 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) City of Carlsbad Supplemental Provisions. 3) Technical Specifications 4) Plans. 5) City of Carlsbad Engineering Standards, 2004 Edition. 6) San Diego Regional Standard Drawings 7) State of California Department of Transportation Standard Plans 8) Standard Specifications for Public Works Construction 9) Reference Specifications 10) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 10) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Revised 10/08/03 Contract No. 39441 Page 45 of 71 Pages Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-9 SURVEYING 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's.or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. Revised 10/08/03 Contract No. 39441 Page 46 of 71 Pages SECTION 3 -- CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 (c) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures ..15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. Revised 10/08/03 Contract No. 39441 Page 47 of 71 Pages The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. 'The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Public Works Supervisor 3. Public Works Manager, General Services 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. Revised 10/08/03 Contract No. 39441 Page 48 of 71 Pages The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. Revised 10/08/03 Contract No. 39441 Page 49 of 71 Pages (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Revised 10/08/03 Contract No. 39441 Page 50 of 71 Pages SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Revised 10/08/03 Contract No. 39441 Page 51 of 71 Pages Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. Revised 10/08/03 Contract No. 39441 Page 52 of 71 Pages SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 14 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under section 7-6, 'The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. V Revised 10/08/03 Contract No. 39441 Page 53 of 71 Pages 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within ninety (90) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500). Execution of the Contract shall constitute agreement by the Agency and Contractor that five hundred dollars ($500) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. Revised 10/08/03 Contract No. 39441 Page 54 of 71 Pages SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. Revised 10/08/03 Contract No. 39441 Page 55 of 71 Pages 7-8.6 Water Pollution Control. Add the following: Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. Add the following: The following locations have restricted working days. No work may be in progress or unfinished at the following locations on the following dates: STAGECOACH PARK: June 17, 2006 June 18,2006 June 23, 2006 June 30, 2006 July 7, 2006 July 14, 2006 August 25, 2006 POINSETTIAPARK: April 16, 2006 July 21, 2006 July 28, 2006 June 23, 2006 September 22, 2006 HOSP GROVE PARK: June 3, 2006 The Contractor shall notify the Engineer at least fourteen (14) calendar days prior to scheduling work at these and any other locations. 7-10.1 Traffic and Access, add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. Revised 10/08/03 Contract No. 39441 Page 56 of 71 Pages Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. The Contractor is advised that temporary 6-foot high chain link construction fencing shall be installed, by the Contractor, around all work areas for the duration of his construction activities. This fencing must be secured with a locking mechanism to prevent unauthorized removal. This fencing shall not be removed until the work has been inspected, approved and determined to be safe and the Contractor receives authorization from the Project Inspector to remove the fencing. Temporary construction fencing is considered part of the work for the individual bid items and no other compensation will be allowed. The contractor is advised that temporary signage shall be placed, by the Contractor, at all work locations stating the equipment or area is closed and shall indicate the dates and times of the anticipated closure. Two weatherproof aluminum signs with rounded corners, securely bolted to the construction fencing, will be required at each location. This signage is considered part of the work for the individual bid items and no other compensation will be allowed. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-2 FIELD OFFICE FACILITIES. Add the following: No field office for agency personnel is required. SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" Revised 10/08/03 Contract No. 39441 Page 57 of 71 Pages 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. Revised 10/08/03 Contract No. 39441 Page 58 of 71 Pages 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. Revised 10/08/03 Contract No. 39441 Page 59 of 71 Pages SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1 -2(A) Modify as follows: Any concrete placed by the Contractor shall be 560-C-3250 SECTION 213 - ENGINEERING FABRICS Add the following section: 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (3/4") crushed rock and securely tied closed. Plastic bags are not acceptable. Revised 10/08/03 Contract No. 39441 Page 60 of 71 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading, trenching and backfilling of areas to receive playground equipment or resilient surfacing, disposal of unsuitable materials, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1") of the subgrade in areas to receive resilient surfacing to 95 percent relative compaction, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2.1 General, add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. 300-2.6 Surplus Material, add the following: The Contractor shall haul and legally dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.9 Payment, add the following: Payment for work performed under sections 300, when the Engineer determines that the soils are unsuitable, shall be made for the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. Revised 10/08/03 Contract No. 39441 Page 61 of 71 Pages SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them or resilient surfacing to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. Revised 10/08/03 Contract No. 39441 Page 62 of 71 Pages TOT LOT IMPROVEMENTS 2005-2006 PROJECT NO. PKS 06-01 CONTRACT NO. 39441 TECHNICAL SPECIFICATIONS AND SPECIAL CONSTRUCTION PROVISIONS 1. The Work The Contract work to be performed hereunder includes the furnishing of all labor and equipment and furnishing and installing all materials, unless herein specifically excepted, necessary for the complete and satisfactory removal and replacement of playground equipment, concrete, resilient surfacing and subgrade as specified in this section or on the drawings. The work shall consist of removing materials, conditioning and compacting subgrade, placement of Portland Cement Concrete, placement of resilient surfacing, installation of new playground equipment as detailed in these specifications. Contractor is advised to read these requirements carefully and bid the job according. 1. Concrete Base and Resilient Surfacing. The Contractor shall remove all materials to the depth required to place concrete and resilient surfacing to the depths specified to the limits shown on the construction drawings, as detailed in these specifications or as marked by the Engineer or his authorized representative. The Contractor shall remove all sand, soil, base materials, existing resilient surfacing or other materials to a minimum depth of 7-inches from finished grade to the limits shown on the drawings for installation of, or removal and replacement of the resilient surfacing. Finish grade in most cases indicates that the contractor shall match the existing resilient surfacing or existing grades. The Contractor shall provide all necessary equipment tools and labor to process and compact the top 6-inches of the remaining sub-grade to 95% relative compaction. Processing includes moisture conditioning of the existing sub-grade. The contractor shall reserve the clean sand for redistribution in the remaining play areas. All excess sand materials shall be removed and disposed of by the Contractor. The Contractor shall place four (4) inches of Portland Cement Concrete (560-C-3250), shall properly consolidate the mixture by hand or mechanical tamping and shall finish the surface in a heavy broom finish unless otherwise specified by the resilient surfacing manufacturer. The Contractor shall install elastomeric expansion material between all existing concrete and new concrete. The Contractor shall also install elastomeric expansion joints in the new concrete in locations directed in the field by the Engineer or his authorized representative, these expansion joints shall be placed in a uniform pattern and each individual concrete section shall not exceed 250 Square Feet. Contractor shall allow 7 Calendar days from the time the Portland Cement Concrete is placed until placing the resilient surfacing. Revised 10/08/03 Contract No. 39441 Page 63 of 71 Pages The Contractor shall not place any curing materials on the surface of the concrete that will ^ A interfere with adhesion of the resilient surfacing to the concrete base. Water curing with appropriate burlap covering is recommended. If chemical curing compounds are utilized, the Contractor shall remove these curing materials by suitable methods prior to placing resilient surfacing. The Contractor shall place three (3) inches of poured in place resilient surfacing material on the concrete sub-base in accordance with the requirements detailed elsewhere in these specifications. The Contractor shall finish the resilient surfacing as required by the manufacturer. Tolerance for finish surface of the resilient surfacing shall be %-inch in ten (10) feet. Surfacing shall be uniform and shall not have areas that allow water to pool or form birdbaths. The color shall be 50% tan / 50% black speckled mix and shall match the finish color of the resilient surfacing at Holiday Park that is indicated to remain. The work must be scheduled a minimum of two weeks in advance with the Public Works Supervisor or his authorized representative. Contractor is to bid excavation and compaction, installation of concrete sub-base and resilient surfacing as "Installation of Resilient Surfacing at a Lump Sum cost per individual location. Bid Item includes all materials and work as described in this Section or as indicated in the Contract documents or on the plans. Bidders shall review the project sites prior to submitting a bid. 2. Playground Equipment Demolition. The Contractor shall remove and legally dispose of all playground equipment in areas indicated in the bid documents. Disposal included removal of any foundations and refilling and re-compaction of any voids that are the result of demolition operations. Contractor is to bid Playground Equipment Demolition as a Lump Sum per individual location. Bid Item includes all materials and work as described in this Section or as indicated in the Contract documents or on the plans. Bidders shall review the project sites prior to submitting a bid. The work must be scheduled a minimum of two weeks in advance with the Public Works Supervisor or his authorized representative. 3. Playground Equipment Installation. The Contractor shall install playground equipment as shown on the plans or in these specifications. The Contractor shall follow the manufacturers instructions and applicable codes for anchoring and assembling playground equipment. The Contractor shall provide all necessary equipment tools and labor to install and assemble each item of playground equipment as shown on the drawings or in the specifications. Color is to match the exhibit as closely as possible. Contractor shall provide color samples of materials for approval at the discretion of the Engineer. Revised 10/08/03 Contract No. 39441 Page 64 of 71 Pages Contractor is to bid this item as Lump Sum per individual location and in conformance with the Bid Documents. Bid Item includes all materials and work as described in this Section and as detailed on the Contract Drawings. Bidders shall review the project site prior to submitting a bid. 2. Work Sites The Contract work site is located in several locations in the City of Carlsbad as detailed in this section, shown in the Appendix, or as shown on the Construction Drawings. Quantities listed are for informational purposes only. Actual quantities shall be verified in the field. 3. Notice of Award and Notice to Proceed Upon Notice of Award, Contractor is hereby authorized to execute Contract and secure Performance and Payment Bonds and Certificates of Insurance. Upon execution of Contract by Owner, Contractor is authorized to begin document submission, material ordering, and construction scheduling. 4. Data to be Submitted by Contractor Contractor shall furnish Owner submittals for all materials to be furnished for review and acceptance by Owner prior to Contractor performing work to which data pertains. Submittals shall be provided in accordance with the Special Provisions. Prior to beginning construction, Contractor shall submit emergency phone numbers for the construction superintendent, construction foreman, and all company principals. 5. Contractor Cooperation and Coordination Contractor shall cooperate with Owner, San Diego Gas and Electric, and all other jurisdictional agencies. Owner will have representatives on site to observe and verify compliance with Contract Documents. Contractor shall perform work in a manner not to interfere with operation of said facilities. Contractor shall perform his work in accordance with the sequence of work as specified herein. Contractor shall coordinate all work with the Owner. A detailed weekly schedule of proposed work shall be provided to the Owner the Thursday preceding each week. 6. Permits, Licenses, Certificates, Laws and Ordinances A. Contractor and all subcontractors shall procure and maintain a valid City of Carlsbad Business License and a State of California Contractors License of the proper class as described in the Notice Inviting Bids for the duration of the Contract. Revised 10/08/03 Contract No. 39441 Page 65 of 71 Pages B. California Regional Water Quality Control Board. San Diego Region Contractor shall not allow any discharges from the construction site, which may have an adverse effect on receiving waters of the United States. Contractor shall not allow any groundwater extraction water to be discharged from construction site except in full compliance with the General Waste Discharge Requirements for Ground Water Extraction and Similar Discharges from Construction and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all compliance requirements therein, including monitoring, testing, and reporting. Contractor shall provide all labor, material, and equipment necessary to comply with Regional Board requirements for discharge water from groundwater extractions, line flushing, and testing operations, including all monitoring, testing, and reporting. C. In the event of conflict between the Contract and Permit requirements, the most stringent shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all issuing agencies, and the Owner before project will be accepted and a Notice of Completion filed. D. Contractor shall, at his own expense, procure any additional permits, certificates, and licenses required of him by law for the execution of the work. He shall comply with all Federal, State and local laws, ordinances or rules and regulations relating to the performance of said work. E. The Contractor shall at all time use Best Management Practices for Storm Water Pollution Prevention and shall take all needed steps to insure that the work is in conformance with applicable codes, laws and standards. Storm Water Pollution Prevention is considered a part of the work for each individual bid item and no additional compensation will be allowed. 7. Storage of Materials and Equipment Contractor shall not store materials or equipment on private or public property without written permission from the affected property owners approving such use. Said written permission shall be submitted to Owner prior to Contractor moving materials or equipment onto site. Contractor's equipment shall be removed from public or private right-of-way and placed in the Contractor's designated storage areas at the end of each workday. Contractor may store a reasonable amount of materials and equipment within his work area (within the required construction site fencing or the Contractor must procure off-site storage for all materials and equipment. Payment for off-site storage is considered a part of the individual bid items and no additional compensation will be provided. Revised 10/08/03 Contract No. 39441 Page 66 of 71 Pages 8. Earthwork and Soil Compaction Tests Earthwork shall be performed in accordance with the Basic Earthwork Specifications except as modified herein or on the Contract Drawings. Contractor shall notify Owner when any work is complete and ready for compaction testing. After such notification, Owner will have all necessary tests made, by a Soils Engineer of his choosing, and Owner will pay for all tests that pass. Contractor shall pay for all tests that fail in the course of determining compliance of completed backfill with compaction requirements. Owner will not pay for any preliminary or progress tests; however, Contractor may do so at his own expense. Passing compaction tests will be required prior to construction of any structures. Excavation of soil and re-compaction shall be performed to provide proper foundation for structures and surfacing as specified in the Contract or on the Drawings. 9. Preservation of Existing Improvements, Restoration of Work Site and Disposal of Spoil and Waste Materials A. Contractor shall perform his operations so that existing improvements including landscaping, roads and other paved surfaces adjacent to or in the vicinity of the work site are not damaged. Contractor shall repair and restore any disturbed or damaged private or public improvements, which result from his operations to the satisfaction of the Owner, or the agency having jurisdiction over said improvements, all at his expense. B. All work sites shall be restored to pre-job conditions and shall meet the requirements of Owner. Owner is obligated to keep visual impact of the work sites to a minimum; therefore, Contractor is required to restore all areas altered by construction to pre-existing conditions. Such areas shall include, but shall not be limited to, areas used for travel, parking, and storage of vehicles, equipment and materials. C. Contractor shall be responsible for the proper disposal of all waste materials resulting from his operations, including excavated materials, rubbish, packaging materials, discarded equipment parts, and damaged construction materials, in a manner and at locations suitable to the Owner and all health and other regulatory agencies. 10. Construction Water Contractor shall obtain a water meter from Owner or serving utility and install same at locations required to perform his operations. Contractor shall pay all costs for meter and water used during construction. The Contractor is advised that this project has work areas in three water districts. Stagecoach Park is in Olivenhain Municipal Water District, La Costa Canyon Park is in Vallecitos Municipal Water District and the balance of the project is within the City of Carlsbad Municipal Water District. A separate construction meter must be procured from each agency for work within each service area. Revised 10/08/03 Contract No. 39441 Page 67 of 71 Pages 11. Progress Schedule Contractor shall submit a schedule per the requirements of SSPWC and shall update this schedule on a monthly basis. The Contractor shall provide this updated schedule to the Project Inspector on the first Thursday of each month. 12. Construction Staking Contractor shall furnish all construction staking required to perform the Work. Contractor shall protect all survey monuments and he shall pay all costs to reestablish any monuments destroyed or disturbed. The Contractor shall stake or mark out proposed locations for installation of each individual item of playground equipment. This equipment may not be installed until the Public Works Supervisor or his authorized representative approves the location and orientation of the various items. 13. Sequence of Work Project Work includes removal and replacement of resilient surfacing and playground equipment at Parks and Facilities at various locations throughout the City of Carlsbad. The Contractor is advised that certain Parks and Facilities have dates that construction activities will not be allowed. No excavations or removals may be left open during the periods specified. Revised 10/08/03 Contract No. 39441 Page 68 of 71 Pages TOT LOT IMPROVEMENTS 2005-2006 PROJECT NO. PKS 06-01 CONTRACT NO. 39441 TECHNICAL SPECIFICATIONS FOR HANDICAP ACCESSIBLE PROTECTIVE PLAYGROUND SURFACING (Poured-in-Place Safety Surface) I. General Requirements A. Shall be a poured in-place safety surface and shall be used as a resilient shock absorbing cushion. It shall be porous throughout, entirely seamless and shall create a tight seal. It shall be a two (2) layer surface consisting of a soft cushion layer covered by a durable weather resistant wearing layer. It shall have the capability of installation and use over hard surfaces such as asphalt, concrete or tile and loose aggregate surface such as dirt, sand and gravel. All installations shall meet or exceed the Consumer Product Safety Commission's guidelines for playground surfaces. Once installed, the surface cannot be relocated. B. The poured in-place surface shall also meet accessibility requirements as stipulated in the Americans with Disabilities Act (ADA). This means that the surface shall be firm enough to support wheelchairs, crutches and walkers. C. The Contractor shall properly install each layer of the product to guarantee the impact attenuation characteristics outlined above, as well as remain within accessibility guidelines. The contractor to successfully complete the installation process shall provide all the labor, materials, and equipment. D. The poured in place surface material shall be guaranteed by the manufacturer for five (5) years. The poured in place materials shall be guaranteed by a 5-year manufacturer's warranty. Installation workmanship is guaranteed for a one (1) year period. II. Surface Specifications A. Cushion Course: Shall consist of a fifty/fifty (50/50) combination by weight of strand and cuboidal Styrene Butadiene Rubber (SRB) rubber particles bonded by a 100% Diphenyl Methane Disocyanate (DMD) based polyurethane binder applied to 100% of the particles. The cushion course is a precise mixture of these three component parts with an installation thickness of 3" inches specified. B. Wearing Course: Shall be of Ethylene Propylene Diene Monomer (EPDM) rubber granules 1mm - 4mm chipped, bonded by a 100% polyurethane binder applied to 100% of the granules. The wearing course is a precise mixture of these two parts with an installed thickness of 3/8 inch. C. Polypropylene: Shall be used as a weed control blanket and shall pertain to installa- tion over loose aggregates only. D. All Component Parks: Shall be pre-measured and sealed in individual containers for consistent quality control during installation. E. Finish: The wearing course shall be hand troweled to produce an even, uniform surface. Transition edges shall be beveled or flush. Revised 10/08/03 Contract No. 39441 Page 69 of 71 Pages TOT LOT IMPROVEMENTS 2005-2006 PROJECT NO. PKS 06-01 CONTRACT NO. 39441 TECHNICAL SPECIFICATIONS PLAYGROUND EQUIPMENT PART 1 - GENERAL 1.01 GENERAL REQUIREMENTS The provisions of all of the contract documents are hereby made a part of this section. 1.02 STANDARDS Meet the requirements and recommendations of the applicable portions of the latest edition of Guidelines by the Consumer Product Safety Commission Publication No. 325, Standards by the American Society for Testing and Materials (ASTM Standard #1487-01) and the Americans with disabilities Act Architectural Guidelines (ADAAG) as set forth in the Federal Register. Manufacturers of play equipment must be certified by the International Organization for Standardization (ISO) for 9001 - Quality Standards certifying manufacturers processes and 14001 - Standards for Environmental Protection and Natural Resource Preservation. 1.03 SUBMITTALS A. Submit product data on all materials specified herein. B. Submit complete shop drawings showing all dimensions, details, and specifications of equipment. C. Submit colored 3-D drawings. D. Submit proof of warranty as specified herein. E. Submit a detailed list of any deviations from the specified product. F. Submit IPEMA certification showing compliance with all applicable portions of the current ASTM F-1487-01 Standard. G. Submit documentation that the Playground Equipment Manufacturer is ISO 9001 certified (Quality Management Standard) H. Submit documentation that the Playground Equipment manufacturer is ISO 14001 certified (Environmental Management Standard) 0Revised 10/08/03 Contract No. 39441 Page 70 of 71 Pages PART 2-PRODUCTS 2.01 MANUFACTURER Landscape Structures drawing number #766-1-2 or prior approval equal. Any manufacturer seeking prior approval must submit a 2-Dimentional drawing of their proposed structure which includes the IPEMA certification and manufacturers statement that proposed equipment conforms to the ADA accessibility guidelines with a breakdown of total elevated components, elevated components accessible by transfer, and total accessible ground level components. Manufacturer must also submit ISO Certifications as stated above. Request for prior approval must be made 14 days prior to bid date. 2.02 SCOPE This section includes all materials, components, and associated accessories to Complete and install the playground equipment as specified. Revised 10/08/03 Contract No. 39441 Page 71 of 71 Pages TOT LOT IMPROVEMENTS 2005-2006 PROJECT NO. PKS 06-01 CONTRACT NO. 39441 Appendix 1 Playground Equipment Specifications Holiday Park Material Specifications General Specifications: Material: All materials shall be structurally sound and suitable for safe play. Durability shall be ensured on all steel parts by the use of time-tested coatings such as zinc plating, zinc-nickel plating, powdercoating, TenderTuff coating, etc. Colors shall be specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). All primary fasteners shall include a locking patch type material that will meet the minimum torque requirements of IFI-125. Manufacturer to provide special tools for pinned hex fasteners. TenderTuff Coating: All metal components to be TenderTuff-coated shall be thoroughly cleaned in a hot phosphatizing pressure washer, then primed with a clear acrylic thermosetting solution. Primed parts shall be preheated prior to dipping in U.V. stabilized, liquid poly vinyl chloride, then salt cured at approximately 400 degrees. The finished coating shall be approximately .080" +/- .020" thick at an 85 durometer hardness and have a matte finish. Four standard colors are available. Polyester Powdercoating: All metal components to be powdercoated shall be free of excess weld and spatter. Parts shall be thoroughly cleaned in a 6-Stage Pretreatment system with a hot phosphatizing bath and a non-chrome seal for corrosion resistance, then thoroughly dried. Powdercoating shall be electrostatically applied and oven cured at 350 degrees. Average thickness: .004". Super Durable TGIC polyester powder shall be specially formulated for optimum U.V. stability and glossiness and shall meet or exceed ASTM Standards for: Adhesion (D-3359B) Hardness (D-3363) Impact (D-2794) Salt Spray resistance (B-117) Paint Line shall employ a "checkered" adhesion test daily. Fifteen standard colors are available. Decks: All Tenderdecks shall be of modular design and have 5/16" diameter holes on the standing surface. There shall be a minimum of (4) slots in each face to accommodate face mounting of components. Tenderdecks shall be manufactured from a single piece of low carbon 12 GA (.105") sheet steel conforming to ASTM specification A-569. The sheet shall be perforated then flanged formed and reinforced as necessary to ensure structural integrity. The unit shall then be TenderTuff-coated brown only. Tenderdecks shall be designed so that all sides are flush with the outside edge of the supporting posts. Page 1 of 23 Rotationally Molded Poly Parts: These parts shall be molded using prime compounded linear low-density polyethylene with a tensile strength of 2500 psi per ASTM D638 and with color and UV-stabilizing additives. Wall thickness varies by product from .187" (3/16") to .312" (5/16"). Four standard colors are available. Permalene Parts: These parts shall be manufactured from 3/4" thick high-density polyethylene that has been specially formulated for optimum U.V. stability and color retention. Products shall meet or exceed density of .960 G/cc per ASTM D1505, tensile strength of 2400 PSI per ASTM D638. Five standard solid colors are available. Some Permalene parts are available in a two-color product with (2) .070" thick exterior layers over a .610" interior core of a contrasting color. Eight standard two-color options are available. Footings: Unless otherwise specified, the bury on all footings shall be 34" below Finished Grade (FG) on all in-ground play events/posts. Other types of anchoring are available upon request. (PB) General Specifications: Posts: Post length shall vary depending upon the intended use and shall be a minimum of 42" above the deck height. All posts shall be powdercoated to specified color. All posts shall have a "finished grade marker" positioned on the post identifying the 34" bury line required for correct installation and the top of the loose fill protective surfacing. Top caps for posts shall be aluminum die cast from 369.1 alloy and powdercoated to match the post color. All caps shall be factory installed and secured in place with (3) self sealing rivets. A molded low-density polyethylene cap, with drain holes, shall be pressed onto the bottom end of the post to increase the footing area. Steel Posts: All steel PlayBooster posts are manufactured from 5" O.D. tubing with a wall thickness of .120" and shall be galvanized after rolling and shall have both the I.D. and the cut ends sprayed with a corrosion resistant coating. Steel Post Mechanical Properties: Yield Strength (min): 50,000 PSI Tensile Strength (min): 55,000 PSI % Elongation in 2 inches: 25 Modulus of Elasticity: 29.5 x 106 PSI Aluminum Posts: All aluminum PlayBooster posts are manufactured from 6005-T5 extruded tubing conforming to ASTM B-221. Posts shall have a 5" outside diameter with a .125" wall thickness. Aluminum Post Mechanical Properties: Yield Strength (min): 35,000 PSI Tensile Strength (min): 38,000 PSI % Elongation in 2 inches: 10 Modulus of Elasticity: 10 x 106 PSI Page 2 of23 Arch Posts: Aluminum arch posts shall be manufactured from 6005-T5 alloy. The arch shall be formed to a 21" center line radius to complement the 42" center to center module. The arch shall be of one continuous piece construction. There shall be no welds or additional pieces mechanically fastened to manufacture the arch. Each arch shall be designed to provide a minimum of 90 1/2" clear span from the deck to the inside of the arch at the radius peak. Arches shall be powdercoated to a specified color. Clamps: All clamps, unless otherwise noted, shall be die cast using a 369.1 aluminum alloy and have the following mechanical properties: Ultimate Tensile: 47,000 PSI Yield Strength: 28,000 PSI Elongation: 7% in 2 inches Shear Strength: 29,000 PSI Endurance Limit: 20,000 PSI Each functional clamp assembly shall have an appropriate number of half clamps and shall be fastened to mating parts with (2) 3/8" x 1 1/8" hex-pin cap screws (SST) and (2) stainless steel (SST) recessed "T" nuts. A 1/4" aluminum drive rivet w/stainless steel pin is used to insure a secure fit to the post. PlayBooster clamps have three functional applications and shall be named as follows: 1.) Offset hanger clamp assembly. 2.) Deck hanger clamp assembly. 3.) Hanger clamp assembly. PlayOdyssey General Specifications: Structural Frame: Post length of the double ladder/central column shall vary depending upon the deck height and shall be flush with the bottom of a deck infill or a minimum of 46" above the deck height. All posts shall be powdercoated to specified color. All posts shall have a "finished grade marker" positioned on the post identifying the 60" bury line required for correct installation and the top of the loose fill protective surfacing. Post caps shall be aluminum die cast from 369.1 alloy and powdercoated to match the post color. All caps shall be factory installed and secured in place with (3) self sealing rivets. A molded low-density polyethylene cap, with drain holes, shall be pressed onto the bottom end of the ladder posts to increase the footing area. Ladders are bolted together below grade to act as a single column for installation purposes. The deck support weldments/arms are comprised of 5/16" (.312") steel conforming to 1010 steel per ASTM A635 and welded to a 52" steel post. Arms are secured to each ladder post with (4) 5/8" x 1 1/2" hex-pin cap screws thru (2) 1/4" flanges. Steel Posts: All steel PlayOdyssey posts are manufactured from 5" O.D. tubing with a wall thickness of .120" and shall be galvanized after rolling and shall have both the I.D. and the cut ends sprayed with a corrosion resistant coating. Steel Post Mechanical Properties: Yield Strength (min): 50,000 PSI Tensile Strength (min): 55,000 PSI % Elongation in 2 inches: 25 Page 3 of23 Modulus of Elasticity: 29.5 x 106 PSI Optional Aluminum Roof Posts: All formed aluminum PlayOdyssey roof posts are manufactured from 6005-T5 extruded tubing conforming to ASTM B-221. Posts shall have a 5" outside diameter with a .125" wall thickness. Post sleeve shall have 4.675" outside diameter with a .150" wall thickness. Post cap shall be aluminum die cast from 369.1 alloy and powdercoated to match the post color. All caps shall be factory installed and secured in place with (3) self sealing rivets. Aluminum Post Mechanical Properties: Yield Strength (min): 35,000 PSI Tensile Strength (min): 38,000 PSI % Elongation in 2 inches: 10 Modulus of Elasticity: 10 x 106 PSI Clamps: All clamps, unless otherwise noted, shall be die cast using a 369.1 aluminum alloy and have the following mechanical properties: Ultimate Tensile: 47,000 PSI Yield Strength: 28,000 PSI Elongation: 7% in 2 inches Shear Strength: 29,000 PSI Endurance Limit: 20,000 PSI Each PlayOdyssey offset hanger clamp shall have an appropriate number of half clamps and shall be fastened to mating parts with (2) 3/8" x 1 1/8" hex-pin cap screws (SST) and (2) stainless steel (SST) recessed "T" nuts. A 1/4" aluminum drive rivet w/stainless steel pin is used to insure a secure fit to the post. 111404C - Posts For Decks 132"/56" Deck Post: See PlayBooster (PB) General Specifications. 111404D - Posts For Decks 124"/48" Deck Post: See PlayBooster (PB) General Specifications. 111404E - Posts For Decks 116"/40" Deck Post: See PlayBooster (PB) General Specifications. 111404F - Posts For Decks 108"/32" Deck Post: See PlayBooster (PB) General Specifications. Page 4 of 23 111404H - Posts For Decks 92"/16" Deck Post: See PlayBooster (PB) General Specifications. 136905A • Transfer Modules. Brown Deck Only To 32" Deck. Curved. Right or Left Step Deck: Flange formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is perforated with 5/16" diameter holes and measures 29" per (2) sides. Finish: TenderTuff, brown in color. Railings: Weldment comprised of formed 1 1/8" O.D. x 11 GA (.120") steel tubing with 203 or 303 stainless steel 5/8" threaded inserts. Finish: TenderTuff, color specified. Step Sections/Top Step Section: Formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is 24 3/8" wide x 14" deep and is perforated with 5/16" diameter holes. Finish: TenderTuff, brown in color. k| Deck Support: Weldment comprised of 3 1/2" O.D. RS-20 (.125") galvanized steel tubing and 3/8" O.D. x 5" long CRS rod. Finish: Powdercoat, brown in color. Spacer: Made from 6061-T6 aluminum 1 1/8" O.D. x 5/8". Finish: Powdercoat, color specified. Infill Panel: Solid color permalene panel measures 6" wide x 37" high, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 121948A - Kick Plate 8" Rise Kick Plate: Fabricated from 11 GA (.120") HR flat steel. Finish: TenderTuff, brown in color. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 121949A - Kick Plate 8" Rise. 90* Tri-Deck JKick Plate: Fabricated from 11 GA (.120") HR flat steel. Finish: TenderTuff, brown in color. Page 5 of23 Fasteners:Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 128980D - PlavOdvssev Pod 72" Deck w/Center Access. w/Roof Double Post: Octagon Deck: Roof Post: Poly Roof: Bubble: Nylon Spacer: Deck Support: Gusset Panel: Large Infill Panel: Small Infill Panel: Crossbrace: Support Bar: Half Clamp: Fasteners: Weldment comprised of 5" O.D. x 11 GA (.120") galvanized steel tubing, 1.029" O.D. RS-20 (.070" - .080") galvanized steel tubing, 1.315" O.D. RS-20 (.080" - .090") galvanized steel tubing and 1/4" x 1 1/4" HR flat steel. Finish: Powdercoat, color specified. Flange formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is perforated with 5/16" diameter holes. Deck face has (4) slotted holes for face mounting components. The combined finished size measures 2 5/8" x 106 1/4" x 106 1/4". Finish: TenderTuff, brown in color. Weldment comprised of 4.675" O.D. x .150" 6061-T6 extruded aluminum and formed 5" O.D. x .125" 6005-T5 extruded aluminum. Finish: Powdercoat, color specified. Rotationally molded from U.V. stabilized linear low density polyethylene, color specified. Vacuum formed .230" x 26 3/8" diameter clear polycarbonate. 3/8" I.D. nylon washer. Weldment comprised of 5" O.D. x 11 GA (.120") galvanized steel tubing, 5/16" HR flat steel and 1/4" x 2" HR flat steel. Finish: Powdercoat, color specified. Solid color permalene, color specified. Solid color permalene, color specified. Solid color permalene, brown in color. Weldment comprised of 5/16" HR steel tabs and formed 5/16" HR flat steel. Finish: Powdercoat, color specified. Fabricated from 1/4" x 1 1/4" HR flat steel. Finish: Powdercoat, color specified. Cast aluminum. Finish: Powdercoat, color specified. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Page 6 of23 111228A - Square Tenderdeck. Brown Only Square Deck: Flange formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is perforated with 5/16" diameter holes. Deck face has (4) slotted holes for face mounting components. The finished size measures 2 5/8" x 47" x 47". Finish: TenderTuff, brown in color. Deck Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 122197A - 90*Tri-Deck Triangular Deck: Flange formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is perforated with 5/16" diameter holes. Deck face has (4) slotted holes for face mounting components. The finished size measures 2 5/8" x 37 3/4". Finish: TenderTuff, brown in color. Deck Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 119514A - Pilot Panel. (2-Color Permalene) Permalene Panel: Two color panel measures 35 5/8" wide x 41" high, color specified. Wheel: 12" diameter cast 319.1 aluminum alloy. Shaft-303 stainless steel. Finish: TenderTuff, color specified. Wheel Bracket: Weldment comprised of formed 3/16" plate and 5/8" O.D. shaft. Finish: Powdercoat, color specified. Steering Wheel Cap: Aluminum alloy 6061-T6. Finish: Powdercoat, white in color. Angled Panel Bracket: Weldment comprised of .190" thick 5052 aluminum formed angle with (2) 6061-T6 aluminum threaded tubes 1 1/8" O.D. x 1 1/2" long. Finish: Powdercoat, color specified. ^SpacerTube: Made from 6061-T6 aluminum 7/8" O.D. x 1 11/16". Finish: Powdercoat, color specified. Page 7 of23 Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 123336A - Double Wave Poly Slide 48" - 56" Deck Slide: Rotationally molded from U.V. stabilized linear low density polyethylene, color specified. Hood: Rotationally molded from U.V. stabilized linear low density polyethylene, color specified. Rail: Extruded from 1.125" O.D. x .312" W. 6061-T6 aluminum. Finish: Powdercoat, color specified. Rail Spacer: Fabricated from 1.3125" O.D. x 16 GA (.065") steel tubing. Finish: Powdercoat, color specified. Mid-Support: Weldment comprised of 1.660" O.D. RS-20 (.085" - .095") galvanized steel tubing and 1/4" x 3" zinc plated flat steel. Finish: Powdercoat, color specified. Exit Support: Weldment comprised of 2.375" O.D. RS-20 (.095" - .105") galvanized steel tubing and 1/4" x 3" mounting plate. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 13039QA - Double Polv Slides Double Swoosh Slide. 64" - 72" Deck Slide: Rotationally molded from U.V. stabilized linear low density polyethylene, color specified. Hood: Rotationally molded from U.V. stabilized linear low density polyethylene, color specified. Rail: Extruded from 1.125" O.D. x .312" W. 6061-T6 aluminum. Finish: Powdercoat, color specified. Rail Spacer: Fabricated from 1.3125" O.D. x 16 GA (.065") steel tubing. Finish: Powdercoat, color specified. Page 8 of 23 Support: Fasteners: Weldment comprised of 2.375" O.D. RS-20 (.095" - .105") galvanized steel tubing and 1/4" x 3" mounting plate. Finish: Powdercoat, color specified. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 143194A - Clatter-bridges 84" Module. Brown Planks Only. w/Handralls For 24" - 48" Decks PLANK: Weldment comprised from 12 GA. (.105") HRPO plate with 5/16" diameter perforated holes and threaded stainless steel inserts, plank measures 11 7/16" x 46 7/8" long. Finish: TenderTuff, brown in color. ATTACHMENT BRACKET: MOUNTING BRACKET: COVER PLATE: CABLE: GUARDRAIL: Clamps: Fasteners: Fabricated from 11 GA. (.120") HRPO plate. Finish: TenderTuff, brown in color. Weldment comprised from 1/2" HRPO sheet steel, (2) 1/4" x 1 3/4" steel half clamps and 7/8" diameter 304L stainless steel tube. Finish: Powdercoat, brown in color. Fabricated from 12 GA. (.105") HRPO plate. Finish: Powdercoat brown. Cable completely made of six-stranded and tempered Corocord-rope. The steel wire cores of the six strands are heated and coated with polyamide; edge ropes are reinforced with additional steel wire core. Corocord-membrane reinforced with 4 textile layers (2340). Weldment comprised of 1.900" O.D. RS-20 (.090"-.100") galvanized steel tubing beam, 1.315" O.D. RS-20 (.080"-.090") and 1/4" x 3 1/4" steel half clamps. Finish: Powdercoat, color specified. Cast aluminum. Finish: Powdercoat, color specified. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 129969B - CableCore Climbing Cable Chimney Climber. 72" Deck Chimney Deck Bracket: Handhold Panel: Weldment comprised of 1/4" x 2" x 15" steel plate. Finish: Powdercoat, color specified. Solid color permalene, color specified. Page 9 of23 CableCore Cable: Hub/Cover: Footer: 30" Cable: Spacer Tube: Fasteners: Made from 3/16" 7-19 galvanized aircraft cable. Coated with U.V. stabilized polyurethane elastomer measuring 1" in diameter, red in color. .Formed from 12 GA (.105") HRPO low carbon sheet steel. Finish: Powdercoat, color specified. Fabricated from 1.315" O.D. RS-20 (.080" - .090") galvanized steel tubing. Finish: Powdercoat, red in color. Made from 3/16" 7-19 galvanized aircraft cable. Coated with U.V. stabilized polyvinyl chloride (PVC), red in color. Made from 6061-T6 aluminum 7/8" O.D. x 1 11/16". Finish: Powdercoat, color specified. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Chimney Climber Support:Weldment comprised of 2.375" O.D. RS-40 (.130" - .140") galvanized steel tubing, 1.315" O.D. RS-20 (.080" - .090") galvanized steel tubing, 1/4" x 3" and 1/4" x 1 3/4" wide steel clamps. Finish: Powdercoat, color specified. li Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 126272D - CableCore Climbing Cable Circus Ladder 72" Deck CableCore Cable: Handhold Panel: Hub/Cover: Deck Bracket: Footer: Fasteners: Made from 3/16" 7-19 galvanized aircraft cable. Coated with U.V. stabilized polyurethane elastomer measuring 1" in diameter, red in color. Solid color permalene with 3/4" x 1 1/8" handholds, color specified. Formed from 12 GA (.105") HRPO low carbon sheet steel. Finish: Powdercoat, color specified. Weldment comprised of 1/4" x 2" x 15" flat steel plate and formed 12 GA (.105") HRPO low carbon sheet steel. Finish: Powdercoat, color specified. Weldment comprised of 1.900" O.D. RS-20 (.090" - .100") galvanized steel tubing 1/4" x 2" x 15" flat steel plate and formed 12 GA (.105") HRPO low carbon sheet steel. Finish: Powdercoat, color specified. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. Page 10 of 23 143199A - Conical Climbers 72" Deck Center Loop: Weldment comprised of 1.315" O.D. RS-20 (.080" - .090") galvanized steel tubing, 1/4" x 1 1/4" HR flat steel and 1/4" x 2 3/4" HR flat steel. Finish: Powdercoat, color specified. Lower Loop: Weldment comprised of 1.315" O.D. RS-20 (.080" - .090") galvanized steel tubing, and 1/4" x 1 1/4" HR flat steel. Finish: Powdercoat, color specified. Rails: Weldment comprised of 1.315" O.D. RS-20 (.080" - .090") galvanized steel tubing, and 1/4" x 1 1/4" HR flat steel. Finish: Powdercoat, color specified. Footer: Fabricated from 1.125" O.D. x 11 GA (.120") galvanized steel tubing. Finish: Powdercoat, color specified. Mounting Plate: Fabricated from 1/8" HR flat steel. Finish: Powdercoat, green in color. Handhold: Made from Polyester Resin. Handholds measure 5 3/4" long x 2 1/2" wide x 1 3/4" high. Handhold Panel: Solid color permalene, color specified. Belt: PVC belting, 5/16" thick, 300 PIW tension rating. Spacer Tube: Made from 6061-T6 aluminum 7/8" O.D. x 1 11/16". Finish: Powdercoat, color specified. Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 122533B - Spiral Climber40"-48" Deck Spiral Step: Weldment comprised of 1.315" O.D. RS-20 (.080" - .090") galvanized steel tubing and 1/4" x 1 3/4" wide steel clamps. Finish: Powdercoat, color specified. Tread: Fabricated from 12 GA (.105") HRPO steel plate with 5/16" perforated holes. Finish: TenderTuff, brown in color. Enclosure Panel: Solid color permalene measuring 17 9/16" wide x 41" high, color specified. Support Rail: Weldment comprised of 1.315" O.D. RS-20 (.080" - .090") galvanized steel tubing with 203 or 303 stainless steel 5/8" threaded inserts, 3/16" support tab, and 3/16" attachment bracket. Finish: Powdercoat, color specified. Page 11 of23 Spacer Tube: Made from 6061-T6 aluminum 7/8" O.D. x 1 11/16". Finish: Powdercoat, color specified. Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 129453A - Summit Climber PlavOdvssev 72" Deck Summit Climber: Rotationally molded from U.V. stabilized linear low density polyethylene, color specified. Handhold Panel: Solid color permalene with 3/4" x 1 1/8" handholds, color specified. Support: Weldment comprised of 2.375" O.D. RS-20 (.095" - .105") galvanized steel tubing and 1/4" HR flat steel. Finish: Powdercoat, color specified. Spacer Tube: Made from 6061-T6 aluminum 7/8" O.D. x 1 11/16". Finish: Powdercoat, color specified. Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 123284B - Wiggle Ladders 40" Deck Chain: 4/0 Chain zinc plated. Finish: TenderTuff, color specified. Rail: Fabricated from 13/16" diameter x 27 15/16" long CRS solid bar stock with both ends tapped 3/8". Finish: TenderTuff, color specified. Support: Fabricated from 1.315" O.D. RS-20 (.080" - .090") galvanized steel tubing. Handhold Panel: Solid color permalene with 3/4" x 1 1/8" handholds, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Page 12 of 23 Spacer Tube: Made from 6061-T6 aluminum 7/8" O.D. x 1 11/16". Finish: Powdercoat, color specified. Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 148432B - Corkscrews 56" - 72" Deck Corkscrew: Weldment comprised of 1.900" O.D. RS-20 (.090"-.100") galvanized steel tubing, and 1.315" O.D. RS-20 (.080"-.090") galvanized steel tubing. Finish: Powdercoat, color specified. Handhold Panel: Solid color permalene, color specified. Spacer Tube: Fabricated from 6061-T6 aluminum 1 1/8" O.D. x 1 1/4". Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). ' Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. . • 118093A - Curved Track Ride. No Supports, w/ (21 Crossovers. 16" Deck to Ground Beam: Extruded from 6061-T6 aluminum alloy. Finish: Powdercoat, color specified. Trolley Assembly: Steel body with a 7/8" O.D. x .120" W steel tubing handle assembly. Four urethane roller skate wheels and tivar guide block. Completely assembled. Steel Body Finish: TenderTuff, brown in color. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Crossover: Weldment comprised of tee clamps and a 5" O.D. extruded 6005-T5 aluminum alloy tube with a .125" W. Finish: Powdercoat, color specified. Half Clamp: Cast aluminum. Finish: Powdercoat, color specified. 123824A - Triple Ring Fling 24" or 32" Deck to Ground Ring Swing Out: Fabricated and formed from 1.125" O.D. x 11 GA (.120") black tubing. Finish: TenderTuff, color specified. Page 13 of 23 Beam: Weldment comprised of 2.875" O.D. RS-40 (.160" - .170") galvanized steel tubing, 1.250" diameter grade 304 stainless steel shaft and 1/4" HRPO flat steel. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Half Clamp: Cast aluminum. Finish: Powdercoat, color specified. 129042A - Offset Crawl Tunnel. 24" Deck Height Difference Permalene Panels: Solid color panel measures 35 5/8" wide x 41" high, & 35 5/8" wide x 47 7/8" high, color specified. Foot Strip: Solid color permalene, green in color. Tunnel Section: Rotationally molded from U.V. stabilized linear low-density polyethylene, color specified. Attachment Blocks: U.V. stabilized high-density polyethylene, color specified. Angled Panel Bracket: Weldment comprised of .190" thick 5052 aluminum formed angle with (2) 6061-T6 aluminum threaded tubes 1 1/8" O.D. x 1 1/2" long. Finish: Powdercoat, color specified. Spacer Tube: Made from 6061-T6 aluminum 7/8" O.D. x 1 11/16". Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 111357A - Chinning Bar. (1) Aluminum Post Rail: Weldment comprised of 1.125" O.D. x 11 GA (.120") steel tubing with 203 or 303 stainless steel 5/8" threaded inserts. Finish: TenderTuff, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Post: See PlayBooster (PB) General Specifications. Page 14 of23 Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 138505A - Deck Link 1 -Step. w/Handrail Upper Infill Panel: Solid color permalene panel measures 6" wide x 37" high, color specified. Lower Infill Panel: Solid color permalene panel measures 6" wide x 41" high, color specified. Step Section: Formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is 24 1/4" wide x 14" deep and is perforated with 5/16" diameter holes. Finish: TenderTuff, brown in color. Handrail: Weldment comprised of 1 1/8" O.D. x 11 GA (.120") steel tubing and 1/8" HR flat steel. Finish: TenderTuff, color specified. Spacer Tube: Made from 6061-T6 aluminum 7/8" O.D. x 1 11/16". Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 120902A - Handhold/Leg Lift. TenderTuff Coated Brown Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Half Clamp: Cast aluminum. Finish: Powdercoat, color specified. Hand Hold: Weldment comprised of formed 7/8" O.D. x 11 GA (.120") and 1/4" x 1 3/4" stainless steel half clamps. Finish: TenderTuff, brown in color. 111363A - Talk Tubes. Deck Mount. No Posts Ground Level. One Only Talk Tube: Weldment comprised of 1.660" O.D. RS-20 (.085" - .095") and 3/16" HRPO bracket. Finish: Powdercoat, color specified. Talk Tube Cover: Solid color Permalene, Tan in color. Bug Screen: 18 x 16 Weave .011 Ga. charcoal fiberglass screen. Page 15 of 23 Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 129079B - Talk Tube. PlavOdvssev Pod. 72" Deck. One Only Talk Tube: Weldment comprised of 1.660" O.D. RS-20 (.085" - .095") and 3/16" HRPO bracket. Finish: Powdercoat, color specified. Post: Fabricated from 2.375" O.D. RS-20 (.095" - .105") galvanized steel tubing. Finish: Powdercoat, color specified. Talk Tube Cover: Solid color Permalene, Tan in color. Bug Screen: 18x16 Weave .011 Ga. charcoal fiberglass screen. Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 111362A - Talk Tube Tubing Kit Talk Tube Hose: Made from reinforced suction hose, black in color. Hose Clamp: Band and housing made from 300 series stainless steel. Slotted screw with hex head and safety collar is cadmium-plated carbon steel. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 148426A - Firepoles 32" - 48" Deck Firepole: Weldment comprised of 1.900" O.D. RS-20 (.090"-.100") galvanized steel tubing, and 1.315" O.D. RS-20 (.080"-.090") galvanized steel tubing. Finish: Powdercoat, color specified. Handhold Panel: Solid color permalene, color specified. Page 16 of 23 Spacer Tube: Fabricated from 6061-T6 aluminum 1 1/8" O.D. x 1 1/4". Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 123832B - SuperScoop. Wheel Chair Accessible DB Ground Pipe (DB): Fabricated from 1.660" O.D. schedule 80 black pipe, zinc-plated. Bucket: Almag 319 cast aluminum. Hand Control: Fabricated from 1.05" O.D. schedule 40 black pipe, zinc plated. Finish: Powdercoat, color specified. Pivot Arm: Fabricated from formed 3/8" HRPO flat steel, zinc plated. Finish: Powdercoat, color specified. Bearings: Oil impregnated bronze. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 117959A - Stand-Up Spinner (Brown Only. DB Only) Spinner Post: Weldment comprised of 2.375" O.D. RS-20 (.095" - .105") galvanized steel tubing, 1.05" O.D. schedule 40, and 1/4" x 9" diameter HRS flat plate. Finish: TenderTuff, tan in color. Platform: Weldment comprised of 12 GA (.105") HRS sheet and 1.900" O.D. RS-20 (.090" - .100") galvanized steel tubing. Standing surface has 1/4" diameter holes. Finish: TenderTuff, brown in color. Rubber Gasket: Made from 50 durometer neoprene. Support Assembly: Weldment comprised of 1.125" O.D. steel shaft, 1.500" O.D. x 3/16" support, 1/4" x 9" diameter HRS flat plate and 2.875" O.D. schedule 80 sleeve. Finish: TenderTuff, brown in color. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Page 17 of23 100106A - Age Appropriate Sign. (2-Color Permalene) w/PlavShaper Posts. 5-12 Years Sign Panel: Two color panel measures 19-1/2" wide x 27-3/4" high, color specified. Post: See PlayShaper (PS) General Specifications. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Warranty: Truly The Best In The Industry Landscape Structures Inc. warrants that all playstructures and/or equipment sold will conform in kind and quality to the specifications set forth in the specifications manual for the products identified in the Acknowledgement of Order and will be free of defects in manufacturing and material. As a further indication of our quality, Landscape Structures provides: 100-Year Limited Warranty for all stainless steel fasteners, aluminum posts, clamps, beams and caps, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. 15-Year Limited Warranty for all plastic and steel components, including TuffTimbersTM, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. TenderTuffR coating against structural failure due to natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. (Except Wiggle Ladders, Chain Ladders and Swing Chain) TuffTurfR against material or manufacturing defects when properly installed. This warranty does not include any cosmetic issues or wear and tear from normal use. 5-to-10-Year Limited Warranty for all CoolToppersTM, structural steel frame is covered by a ten-year warranty against structural failure due to natural deterioration or manufacturing defects. SpaceCableTM climber material and ShadesureR fabric have a five-year warranty against natural deterioration or manufacturing defects. This warranty is limited to the design loads as stated in the specifications found in the technical information. The Rock and The Ridge steel Page 18 of 23 frames and exterior GFRC material have a 5-year warranty against structural failure due to natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. 3-Year Limited Warranty for all other parts, ie: CableCoreTM Products, Swing seats and hangers, Wiggle Ladders, Chain Ladders and Swing Chain, Track Ride trolleys and bumpers, all rocking equipment including Sway FunTM, PVC belting material, etc. against failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. The warranty stated above is valid only if the structures and/or equipment are erected in conformance with Landscape Structures' installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc. For a full text of the warranty, contact your local sales representative. Page 19 of 23 General Specifications: Material: All materials shall be structurally sound and suitable for safe play. Durability shall be ensured on all steel parts by the use of time-tested coatings such as zinc plating, zinc-nickel plating, powdercoating, TenderTuff coating, etc. Colors shall be specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). All primary fasteners shall include a locking patch type material that will meet the minimum torque requirements of IFI-125. Manufacturer to provide special tools for pinned hex fasteners. TenderTuff Coating: All metal components to be TenderTuff-coated shall be thoroughly cleaned in a hot phosphatizing pressure washer, then primed with a clear acrylic thermosetting solution. Primed parts shall be preheated prior to dipping in U.V. stabilized, liquid poly vinyl chloride, then salt cured at approximately 400 degrees. The finished coating shall be approximately .080" +/- .020" thick at an 85 durometer hardness and have a matte finish. Four standard colors are available. Polyester Powdercoating: All metal components to be powdercoated shall be free of excess weld and spatter. Parts shall be thoroughly cleaned in a 6-Stage Pretreatment system with a hot phosphatizing bath and a non-chrome seal for corrosion resistance, then thoroughly dried. Powdercoating shall be electrostatically applied and oven cured at 350 degrees. Average thickness: .004". Super Durable TGIC polyester powder shall be specially formulated for optimum U.V. stability and glossiness and shall meet or exceed ASTM Standards for: Adhesion (D-3359B) Hardness (D-3363) Impact (D-2794) Salt Spray resistance (B-117) Paint Line shall employ a "checkered" adhesion test daily. Fifteen standard colors are available. Decks: All Tenderdecks shall be of modular design and have 5/16" diameter holes on the standing surface. There shall be a minimum of (4) slots in each face to accommodate face mounting of components. Tenderdecks shall be manufactured from a single piece of low carbon 12 GA (.105") sheet steel conforming to ASTM specification A-569. The sheet shall be perforated then flanged formed and reinforced as necessary to ensure structural integrity. The unit shall then be TenderTuff-coated brown only. Tenderdecks shall be designed so that all sides are flush with the outside edge of the supporting posts. Rotationally Molded Poly Parts: These parts shall be molded using prime compounded linear low-density polyethylene with a tensile strength of 2500 psi per ASTM D638 and with color and UV-stabilizing additives. Wall thickness varies by product from .187" (3/16") to .312" (5/16"). Four standard colors are available. Page 20 of 23 Permalene Parts: These parts shall be manufactured from 3/4" thick high-density polyethylene that has been specially formulated for optimum U.V. stability and color retention. Products shall meet or exceed density of .960 G/cc per ASTM D1505, tensile strength of 2400 PSI per ASTM D638. Five standard solid colors are available. Some Permalene parts are available in a two-color product with (2) .070" thick exterior layers over a .610" interior core of a contrasting color. Eight standard two-color options are available. Footings: Unless otherwise specified, the bury on all footings shall be 34" below Finished Grade (FG) on all in-ground play events/posts. Other types of anchoring are available upon request. 100050A - Arch Belt Swings Arch Belt Swing. 2-Place. TenderTuff-coated Chain ' l Arch Posts: Swing Beam: Chain: Chain: Belt Seat: Hanger Clamp Assembly: Fasteners: See PlayBooster (PB) General Specifications. Weldment comprised of tee clamps and 5" O.D. extruded 6005-T5 aluminum alloy tube with a .125" W. Finish: Powdercoat, color specified. Steel 3/16" straight link chain, 800 Ib. working load limit. Finish: TenderTuff, color specified. Steel 3/16" straight link chain, 800 Ib. working load limit. Finish: Hot galvanized. Molded from UV stabilized black EPDM rubber encapsulating a weldment comprised of a 22 GA (.029") spring stainless steel sheet and (4) .105 thick stainless steel washers. The belt seat elliptical shape measures 7" wide x 26" long x .700" thick. Cast aluminum. Finish: Powdercoat, color specified. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 111579A - Arch Belt Swings Additional 2-Place Bay. TenderTuff-coated Chain Arch Posts: See PlayBooster (PB) General Specifications. Swing Beam:Weldment comprised of tee clamps and 5" O.D. extruded 6005-T5 aluminum alloy tube with a .125" W. Finish: Powdercoat, color specified. Page 21 of 23 Chain: Belt Seat: Hanger Clamp Assembly: Fasteners: Steel 3/16" straight link chain, 800 Ib. working load limit. Finish: TenderTuff, color specified. Molded from UV stabilized black EPDM rubber encapsulating a weldment comprised of a 22 GA (.029") spring stainless steel sheet and (4) .105 thick stainless steel washers. The belt seat elliptical shape measures 7" wide x 26" long x .700" thick. Cast aluminum. Finish: Powdercoat, color specified. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Warranty: Truly The Best In The Industry Landscape Structures Inc. warrants that all playstructures and/or equipment sold will conform in kind and quality to the specifications set forth in the specifications manual for the products identified in the Acknowledgement of Order and will be free of defects in manufacturing and material. As a further indication of our quality, Landscape Structures provides: 100-Year Limited Warranty for all stainless steel fasteners, aluminum posts, clamps, beams and caps, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. 15-Year Limited Warranty for all plastic and steel components, including TuffTimbersTM, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. TenderTuffR coating against structural failure due to natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. (Except Wiggle Ladders, Chain Ladders and Swing Chain) TuffTurfR against material or manufacturing defects when properly installed. This warranty does not include any cosmetic issues or wear and tear from normal use. 5-to-10-Year Limited Warranty for all CoolToppersTM, structural steel frame is covered by a ten-year warranty against structural failure due to natural deterioration or manufacturing defects. SpaceCableTM climber material and ShadesureR fabric have a five-year warranty against natural deterioration or manufacturing defects. This warranty is limited to the design loads as stated in the Page 22 of 23 specifications found in the technical information. The Rock and The Ridge steel frames and exterior GFRC material have a 5-year warranty against structural failure due to natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. 3-Year Limited Warranty for all other parts, ie: CableCoreTM Products, Swing seats and hangers, Wiggle Ladders, Chain Ladders and Swing Chain, Track Ride trolleys and bumpers, all rocking equipment including Sway FunTM, PVC belting material, etc. against failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. The warranty stated above is valid only if the structures and/or equipment are erected in conformance with Landscape Structures' installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc. For a full text of the warranty, contact your local sales representative. Page 23 of 23 Hosp Grove Park Material Specifications General Specifications: Material: All materials shall be structurally sound and suitable for safe play. Durability shall be ensured on all steel parts by the use of time-tested coatings such as zinc plating, zinc- nickel plating, powdercoating, TenderTuff coating, etc. Colors shall be specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). All primary fasteners shall include a locking patch type material that will meet the minimum torque requirements of IFI-125. Manufacturer to provide special tools for pinned hex fasteners. TenderTuff Coating: All metal components to be TenderTuff-coated shall be thoroughly cleaned in a hot phosphatizing pressure washer, then primed with a clear acrylic thermosetting solution. Primed parts shall be preheated prior to dipping in U.V. stabilized, liquid poly vinyl chloride, then salt cured at approximately 400 degrees. The finished coating shall be approximately .080" +/- .020" thick at an 85 durometer hardness and have a matte finish. Four standard colors are available. Polyester Powdercoating: All metal components to be powdercoated shall be free of excess weld and spatter. Parts shall be thoroughly cleaned in a 6-Stage Pretreatment system with a hot phosphatizing bath and a non-chrome seal for corrosion resistance, then thoroughly dried. Powdercoating shall be electrostatically applied and oven cured at 350 degrees. Average thickness: .004". Super Durable TGIC polyester powder shall be specially formulated for optimum U.V. stability and glossiness and shall meet or exceed ASTM Standards for: Adhesion (D-3359B) Hardness (D-3363) Impact (D-2794) Salt Spray resistance (B-117) Paint Line shall employ a "checkered" adhesion test daily. Fifteen standard colors are available. Decks: All Tenderdecks shall be of modular design and have 5/16" diameter holes on the standing surface. There shall be a minimum of (4) slots in each face to accommodate face mounting of components. Tenderdecks shall be manufactured from a single piece of low carbon 12 GA (.105") sheet steel conforming to ASTM specification A-569. The sheet shall be perforated then flanged formed and reinforced as necessary to ensure structural integrity. The unit shall then be TenderTuff-coated brown only. Tenderdecks shall be designed so that all sides are flush with the outside edge of the supporting posts. Rotationally Molded Poly Parts: These parts shall be molded using prime compounded linear low-density polyethylene with a tensile strength of 2500 psi per ASTM D638 and with Page 1 of9 color and UV-stabilizing additives. Wall thickness varies by product from .187" (3/16") to .312" (5/16"). Four standard colors are available. Permalene Parts: These parts shall be manufactured from 3/4" thick high-density polyethylene that has been specially formulated for optimum U.V. stability and color retention. Products shall meet or exceed density of .960 G/cc per ASTM D1505, tensile strength of 2400 PSI per ASTM D638. Five standard solid colors are available. Some Permalene parts are available in a two-color product with (2) .070" thick exterior layers over a .610" interior core of a contrasting color. Eight standard two-color options are available. Footings: Unless otherwise specified, the bury on all footings shall be 34" below Finished Grade (FG) on all in-ground play events/posts. Other types of anchoring are available upon request. (PS) General Specifications: Posts: 2 3/8" square aluminum posts shall have a minimum wall thickness of .125" and be extruded of 6005-T5 aluminum alloy and have rounded corners and ribbed faces for maximum safety. A cast aluminum top cap shall be installed at the factory with stainless steel knurled spacers and aluminum drive rivets. Flanges for panels and deck supports shall be extruded of 6005-T5 aluminum alloy and slide into slots extruded in posts. Flanges and deck supports shall be attached in the factory with stainless steel knurled spacers and aluminum drive rivets. All direct bury posts shall have a "finished grade marker" positioned on the post identifying the 34" bury line and the top of the required surfacing. A molded low-density polyethylene cap, with drain holes, shall be pressed onto the bottom end of the post to increase the footing area. Posts shall have a post number sticker for installation purposes. All surface mount posts shall be continuously welded to a 1/4" x 6" square 6061- T6 aluminum surface mount plate and allow for 2" of protective surfacing. Posts shall be powdercoated to a specified color. Aluminum Post Mechanical Properties: Yield Strength (min): 35,000 PSI Tensile Strength (min): 38,000 PSI % Elongation in 2 inches: 10 Modulus of Elasticity: 10 x 106 PSI Arch Posts: Arch posts shall have the same shape as the posts and be extruded from 6063-T4 aluminum alloy. Roof support flanges shall be of the same shape and material as the panel flanges. Arch shall be formed in a 180 degree arc on a 21" center line radius. Arches shall be secured to standard length posts with solid aluminum sleeves that are tapped to receive (16) 3/8" x 5/8" hex-pin cap screws per arch. Arch posts shall be powdercoated to a specified color. 111397A - Posts For Decks 129"/SpyroSlide/SlideWinder Off 48" Deck Post: See PlayShaper (PS) General Specifications. Page 2 of9 111397B - Posts For Decks 114"/48" Deck/SlideWinder Off 40" Deck Post: See PlayShaper (PS) General Specifications. 111397C - Posts For Decks 106"/40" Deck/Slide Winder Off 32" Deck Post: See PlayShaper (PS) General Specifications. 111399B - Arches For Decks and/or Roofs 48" Deck Arch: See PlayShaper (PS) General Specifications. 134973B - Transfer Module. Brown Deck Only To 40" Deck. Curved. Left or Right Step Deck: Flange formed from 12 GA (.105") sheet steel conforming to ASTM AS69. Standing surface is perforated with 5/16" diameter holes and measures 29" per (2) sides. Finish: TenderTuff, brown in color. Railings: Weldment comprised of formed 11/8" O.D. x 11 GA (.120") steel tubing with 203 or 303 stainless steel threaded inserts. Finish: TenderTuff, color specified. Infill Panel: Solid color panel measures 7 5/8" wide x 30" high, color specified. Step Sections/Top Step Section: Formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is 24 3/8" wide x 14" deep and is perforated with 5/16" diameter holes. Finish: TenderTuff, brown in color. Deck Support: Weldment comprised of 3 1/2" O.D. RS-20 (.125") galvanized steel tubing and 3/8" O.D. x 5" long CRS rod. Finish: Powdercoat, brown in color. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 121949A - Kick Plate 8 "Rise. 90* Tri-Deck Kick Plate: Fabricated from 11 GA (.120") HR fiat steel. Finish: TenderTuff, brown in color. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Page 3 of9 111237A - Square Tenderdeck. Brown Only Square Deck: Fasteners: Flange formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is perforated with 5/16" diameter holes. Deck face has (4) slotted holes for face mounting components. The finished size measures 2 5/8" x 44 3/8" x 44 3/8". Finish: TenderTuff, brown in color. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 117495A - Triangular Tenderdeck. Brown Only Triangular Deck: Fasteners: Flange formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is perforated with 5/16" diameter holes. Deck face has (4) slotted holes for face mounting components. The finished size of two of the three sides measures 2 5/8" x 39 1/4" on the face of the deck and the other side measures 2 5/8" x 55 1/2". Finish: TenderTuff, brown in color. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 111407A - Arch Roof Logo Panel: Attachment Bar: Reinforcement Brace: Post: Arch: Roof: Fasteners: Two color permalene, color specified. Fabricated from 11/4" square x 5 3/4" 6061-T6511 aluminum. Fabricated from 1.315" O.D. RS-20 (.080" - .090") galvanized steel tubing. Finish: Powdercoat, color specified. See PlayShaper (PS) General Specifications. See PlayShaper (PS) General Specifications. Weldment comprised of 16 GA (.060") CRS sheet and 11/8" O.D. steel tube edging. Finish: Powdercoat, color specified. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 118429A - Periscope Panel (2-Color Permalcne) ermalene Panel: Two color panel measures 39 1/2" wide x 30 3/4" high, color specified. Page 4 of 9 Periscope Assembly: Fabricated from an octagon 14 GA (.075") steel tube powdercoated red with (2) 18 GA (.048") 304 stainless steel bright annealed (reflective finishes). Periscope rotates vertically and horizontally. Finish: Powdercoat, color specified. Permalene: Hand-grip and lense covers are black in color. Mounting Plate: Fabricated from formed 11 GA (.120") HRS. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 119515A - Pilot Panel. (2-Color Permalene) Permalene Panel: Two color panel measures 39 1/2" wide x 30 3/4" high, color specified. Wheel: 12" diameter cast 319.1 aluminum alloy. Shaft-303 stainless steel. Finish: TenderTuff, color specified. Wheel Bracket: Weldment comprised of formed 3/16" plate and 5/8" O.D. shaft. Finish: Powdercoat, color specified. Steering Wheel Cap: Aluminum alloy 6061-T6. Finish: Powdercoat, white in color. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 144984A - Storefront Panel. Ground Level Only- 123336A - Double Wave Polv Slide 48" - 56" Deck Slide: Rotationally molded from U.V. stabilized linear low density polyethylene, color specified. Hood: Rotationally molded from U.V. stabilized linear low density polyethylene, color specified. Rail: Extruded from 1.125" O.D. x .312" W. 6061-T6 aluminum. Finish: Powdercoat, color specified. Rail Spacer: Fabricated from 1.3125" O.D. x 16 GA (.065") steel tubing. Finish: Powdercoat, color specified. Mid-Support: Weldment comprised of 1.660" O.D. RS-20 (.085" - .095") galvanized steel tubing and 1/4" x 3" zinc plated flat steel. Finish: Powdercoat, color specified. Page 5 of 9 Exit Support: Weldment comprised of 2.375" O.D. RS-20 (.095" - .105") galvanized steel tubing and 1/4" x 3" mounting plate. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Bolt Bracket: Cast from 535 almag. Finish: Powdercoat, color specified. 143480A - SpvroSlide. 56" Height. 48" Deck- 128953A - Crawl Tunnels. w/Entrance Panels 28" Long Permalene Panel: Solid color panel measures 39 1/2" wide x 30 3/4" high, color specified. Tunnel Section: Rotationally molded from U.V. stabilized linear low-density polyethylene, color specified. Clear Cover: Drape formed .177" x 23" x 30 7/8" clear polycarbonate. 7 Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 111348A - Arch Bridge. 42" Long. Brown Deck Only Bridge Deck: Fabricated from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is perforated with 5/16" diameter holes. Finish: TenderTuff, brown in color. Panels: Solid color panel measures 41" wide x 35 11/16" high, color specified. Attachment Bracket: Fabricated from 1/8" x 1 1/4" x 2" 6061-T6 aluminum angle. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 135S47B - Block Climbers 40" Deck Double Block: Fabricated from 14 GA (.075") HRPO steel sheet with 3" tall x 6" long cutouts. Blocks measure 8" high and 12 1/2" square. (2) blocks are welded to each other to make Double Blocks. Finish: TenderTuff, blue, red, brown or tan in color. Panel: Solid color permalene, color specified. Page 6 of 9 Handloop: Weldment comprised of 1.125" O.D. x 11 GA (.120") steel tubing with 203 or 303 stainless steel inserts, with 3/8" internal thread. Finish: Tendertuff, color specified. Handrail: Weldment comprised of 1.125" O.D. x 11 GA (.120") steel tubing with 203 or 303 stainless steel welded inserts with 3/8" internal threads. Finish: TenderTuff, color specified. Ground Gusset: Fabricated from 10 GA (.135") HRPO steel sheet. Finish: Powdercoat, blue, red or tan in color. Support: Weldment comprised of 1.315" O.D. RS-20 (.090" - .100") galvanized steel tubing and 10 GA (.135") HRPO steel sheet. Finish: Powdercoat, blue, red or tan in color. Kick Plate: Fabricated from 12 GA (.105") HRPO steel sheet with 3" tall x 6" long cutouts. Finish: TenderTuff, red or tan in color. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 143200A - Conical Climber. 40" Deck - Center Loop: Weldment comprised of 1315" O.D. RS-20 (.080" - .090") galvanized steel tubing, 1/4" x 1 1/4" HR flat steel and 1/4" x 2 3/4" HR flat steel. Finish: Powdercoat, color specified. Lower Loop: Weldment comprised of 1.315" O.D. RS-20 (.080" - .090") galvanized steel tubing, and 1/4" x 1 1/4" HR flat steel. Finish: Powdercoat, color specified. Rails: Weldment comprised of 1.315" O.D. RS-20 (.080" - .090") galvanized steel tubing, and 1/4" x 1 1/4" HR flat steel. Finish: Powdercoat, color specified. Footer: Fabricated from 1.125" O.D. x 11 GA (.120") galvanized steel tubing. Finish: Powdercoat, color specified. Mounting Plate: Fabricated from 1/8" HR flat steel. Finish: Powdercoat, green in color. Handhold: Made from Polyester Resin. Handholds measure 5 3/4" long x 2 1/2" wide x 1 3/4" high. Handhold Panel: Solid color permalene, color specified. Belt: PVC belting, 5/16" thick, 300 PIW tension rating. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 111364A - Loop Ladder. 40" Or 48" Deck Page 7 of 9 Loop Ladder: Weldment comprised of 1.125" O.D. x 11 GA (.120") black steel tubing. Finish: TenderTuff, color specified. Handhold Panel: Solid color permalene with 3/4" x 11/8" handholds, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 10001 SB - TuffRiders* TuffRider. Bird. Direct Bury 100048A - Arch Swings Arch Swing. 2 Place. TenderTuff-coated Chain Arches: Fabricated from formed 2375" O.D. RS-40 (.130" - .140") galvanized steel tubing. Finish: Powdercoat, color specified. Swing Beam: Fabricated from 2.375" O.D. RS-40 (.130" - .140") galvanized steel tubing. Finish: Powdercoat, color specified. ' Full Bucket Seat: Made of U.V. stabilized high-quality black rubber encapsulating a 24 GA (.024") stainless steel reinforcement plate. Handles cast from 356-T6 aluminum alloy with a 60 durometer black neoprene grip placed over handles. Handles attach to seat with (3) 1/4" x 1 5/16" long stainless steel rivets. The full bucket measures 9" deep x 10 1/2" wide. Chain: Steel 3/16" straight link chain, 800 Ib. working load limit. Finish: TenderTuff, color specified. Swing Hanger: Made from galvanized malleable iron hanger with oil impregnated bearings. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 100105A - Age Appropriate Sign. (2-Color Permalene). w/PlavShaper Posts. 2-5 Years Sign Panel: Two color panel measures 19-1/2" wide x 27-3/4" high, color specified. Post: See PlayShaper (PS) General Specifications. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Warranty: Truly The Best In The Industry Page 8 of9 Landscape Structures Inc. warrants that all playstructures and/or equipment sold will conform in kind and quality to the specifications set forth in the specifications manual for the products identified in the Acknowledgement of Order and will be free of defects in manufacturing and material. As a further indication of our quality, Landscape Structures provides: 100-Year Limited Warranty for all stainless steel fasteners, aluminum posts, clamps, beams and caps, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. 15-Year Limited Warranty for all plastic and steel components, including TuffTimbersTM, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. TenderTuffR coating against structural failure due to natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. (Except Wiggle Ladders, Chain Ladders and Swing Chain) TuffTurfR against material or manufacturing defects when properly installed. This warranty does not include any cosmetic issues or wear and tear from normal use. 5-to-10-Year Limited Warranty for all CoolToppersTM, structural steel frame is covered by a ten-year warranty against structural failure due to natural deterioration or manufacturing defects. SpaceCableTM climber material and ShadesureR fabric have a five-year warranty against natural deterioration or manufacturing defects. This warranty is limited to the design loads as stated in the specifications found in the technical information. The Rock and The Ridge steel frames and exterior GFRC material have a 5-year warranty against structural failure due to natural deterioration or manufacturing defects. This warranty does Page 9 of9 City of CaNsbad Public Works March 15, 2006 ADDENDUM NO. 1 RE: TOT LOT IMPROVEMENTS BID NO. PWS06-23GEN, CONTRACT NO. 39441 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer KD:rh Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6O2-273O • FAX (760) 6O2-8562 ADDENDUM NO. 1 TOT LOT IMPROVEMENTS 2005-2006 PROJECT NO. PKS 06-01 CONTRACT NO. 39441 The following changes/revisions have been made to the above Project and Contract: TECHNICAL SPECIFICATIONS AND SPECIAL CONSTRUCTION PROVISIONS Section 1.1., Page 64 of 71, Paragraph 2 Remove the sentence: "The Contractor shall place three (3)" of poured in place resilient surfacing material on the concrete sub-base in accordance with the requirements detailed elsewhere in these specifications." Replace with the sentence: "The Contractor shall place either three (3) inches or three and one-half (3.5) of poured in place resilient surfacing material on the concrete sub-base in accordance with the requirements detailed elsewhere in these specifications." Section 1.2., Page 64 of 71, Paragraph 6 Remove the sentence: 'The Contractor shall remove and legally dispose of all playground equipment in areas indicated in the bid documents." Replace with the sentence: 'The contractor shall remove and legally dispose of all playground equipment in areas indicated in the bid documents, except that the swing set at Holiday Park Swing Area and the swing set at Stagecoach Park, shall be manually disassembled on site, and delivered in good condition to the City of Carlsbad Parks Maintenance Yard, at 1166 Carlsbad Village Drive, Carlsbad, CA 92008." TECHNICAL SPECIFICATIONS FOR HANDICAP ACCESSIBLE PROTECTIVE PLAYGOUND SURFACING (Poured-in-Place Safety Surface) Section II. A., Surface Specifications, Page 69 of 71, Paragraph 5 Remove the sentence: "The cushion course is a precise mixture of these three component parts with an installed thickness of 3" specified." Replace with the sentence: 'The cushion course is a precise mixture of these three component parts with an installed thickness of 3" specified for Scout House, Holiday Park Play Structure, Hosp Grove Park, and Laguna Riviera Park; and an installed thickness of 3.5" specified at Stagecoach Park, Holiday Park Swing Area, La Costa Canyon Park, and Poinsettia Community Park." ADDENDUM NO. 1 TOT LOT IMPROVEMENTS 2005-2006 PROJECT NO. PKS 06-01 CONTRACT NO. 39441 Appendix 1, Playground Equipment Specifications Add the attached: La Canyon Park Materials Specifications, Pages 1 thru 11 Laguna Riviera Park Materials Specifications, Pages 1 thru 4 Scout House Materials Specifications, Pages 1 thru 8 Stagecoach Park Materials Specifications, Pages 1 thru 3 Page 2 La Costa Canyon Park Material Specifications General Specifications: Material: All materials shall be structurally sound and suitable for safe play. Durability shall be ensured on all steel parts by the use of time-tested coatings such as zinc plating, zinc- nickel plating, powdercoating, TenderTuff coating, etc. Colors shall be specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). All primary fasteners shall include a locking patch type material that will meet the minimum torque requirements of IFI-125. Manufacturer to provide special tools for pinned tamperproof fasteners. TenderTuff Coating: All metal components to be TenderTuff-coated shall be thoroughly cleaned in a hot phosphatizing pressure washer, then primed with a clear acrylic thermosetting solution. Primed parts shall be preheated prior to dipping in U.V. stabilized, liquid poly vinyl chloride, then salt cured at approximately 400 degrees. The finished coating shall be approximately .080" +/- .020" thick at an 85 durometer hardness and have a matte finish. Four standard colors are available. Polyester Powdercoating: All metal components to be powdercoated shall be free of excess weld and spatter. Parts shall be thoroughly cleaned in a 6-Stage Pretreatment system with a hot phosphatizing bath and a non-chrome seal for corrosion resistance, then thoroughly dried. Powdercoating shall be electrostatically applied and oven cured at 350 degrees. Average thickness: .004". Super Durable TGIC polyester powder shall be specially formulated for optimum U.V. stability and glossiness and shall meet or exceed ASTM Standards for: Adhesion (D-3359B) Hardness (D-3363) Impact (D-2794) Salt Spray resistance (B-117) Paint Line shall employ a "checkered" adhesion test daily. Fifteen standard colors are available. Decks: All Tenderdecks shall be of modular design and have 5/16" diameter holes on the standing surface. There shall be a minimum of (4) slots in each face to accommodate face mounting of components. Tenderdecks shall be manufactured from a single piece of low carbon 12 GA (.105") sheet steel conforming to ASTM specification A-569. The sheet shall be perforated then flanged formed and reinforced as necessary to ensure structural integrity. The unit shall then be TenderTuff-coated brown only. Tenderdecks shall be designed so that all sides are flush with the outside edge of the supporting posts. Rotationally Molded Poly Parts: These parts shall be molded using prime compounded linear low-density polyethylene with a tensile strength of 2500 psi per ASTM D638 and with Pagel of 11 color and UV-stabilizing additives. Wall thickness varies by product from .187" (3/16") to .312" (5/16"). Four standard colors are available. Permalene Parts: These parts shall be manufactured from 3/4" thick high-density polyethylene that has been specially formulated for optimum U.V. stability and color retention. Products shall meet or exceed density of .960 G/cc per ASTM D1505, tensile strength of 2400 PSI per ASTM D638. Five standard solid colors are available. Some Permalene parts are available in a two-color product with (2) .070" thick exterior layers over a .610" interior core of a contrasting color. Eight standard two-color options are available. Footings: Unless otherwise specified, the bury on all footings shall be 34" below Finished Grade (FG) on all in-ground play events/posts. Other types of anchoring are available upon request. (PB) General Specifications: Posts: Post length shall vary depending upon the intended use and shall be a minimum of 42" above the deck height. All posts shall be powdercoated to specified color. All posts shall have a "finished grade marker" positioned on the post identifying the 34" bury line required for correct installation and the top of the loose fill protective surfacing. Top caps for posts shall be aluminum die cast from 369.1 alloy and powdercoated to match the post color. All caps shall be factory installed and secured in place with (3) self sealing rivets. A molded low- density polyethylene cap, with drain holes, shall be pressed onto the bottom end of the post to increase the footing area. Steel Posts: All steel PlayBooster posts are manufactured from 5" O.D. tubing with a wall thickness of .120" and shall be galvanized after rolling and shall have both the I.D. and the cut ends sprayed with a corrosion resistant coating. Steel Post Mechanical Properties: Yield Strength (min): 50,000 PSI Tensile Strength (min): 55,000 PSI % Elongation in 2 inches: 25 Modulus of Elasticity: 29.5 x 106 PSI Aluminum Posts: All aluminum PlayBooster posts are manufactured from 6005-T5 extruded tubing conforming to ASTM B- 221. Posts shall have a 5" outside diameter with a .125" wall thickness. Aluminum Post Mechanical Properties: Yield Strength (min): 35,000 PSI TensUe Strength (min): 38,000 PSI % Elongation in 2 inches: 10 Modulus of Elasticity: 10 x 106 PSI Arch Posts: Aluminum arch posts shall be manufactured from 6005-T5 alloy. The arch shall be formed to a 21" center line radius to complement the 42" center to center module. The arch shall be of one continuous piece construction. There shall be no welds or additional pieces mechanically fastened to Page 2 of 11 manufacture the arch. Each arch shall be designed to provide a minimum of 90 1/2" clear span from the deck to the inside of the arch at the radius peak. Arches shall be powdercoated to a specified color. Clamps: All clamps, unless otherwise noted, shall be die cast using a 369.1 aluminum alloy and have the following mechanical properties: Ultimate Tensile: 47,000 PSI Yield Strength: 28,000 PSI Elongation: 7% in 2 inches Shear Strength: 29,000 PSI Endurance Limit: 20,000 PSI Each functional clamp assembly shall have an appropriate number of half clamps and shall be fastened to mating parts with (2) 3/8" x 11/8" pinned button head cap screws (SST) and (2) stainless steel (SST) recessed "T" nuts. A 1/4" aluminum drive rivet w/stainless steel pin is used to insure a secure fit to the post. PlayBooster clamps have three functional applications and shall be named as follows: 1.) Offset hanger clamp assembly. 2.) Deck hanger clamp assembly. 3.) Hanger clamp assembly. PlayOdyssey General Specifications: Structural Frame: Post length of the double ladder/central column shall vary depending upon the deck height and shall be flush with the bottom of a deck infill or a minimum of 46" above the deck height. All posts shall be powdercoated to specified color. All posts shall have a "finished grade marker" positioned on the post identifying the 60" bury line required for correct installation and the top of the loose fill protective surfacing. Post caps shall be aluminum die cast from 369.1 alloy and powdercoated to match the post color. All caps shall be factory installed and secured in place with (3) self sealing rivets. A molded low-density polyethylene cap, with drain holes, shall be pressed onto the bottom end of the ladder posts to increase the footing area. Ladders are bolted together below grade to act as a single column for installation purposes. The deck support weldments/arms are comprised of 5/16" (.312") steel conforming to 1010 steel per ASTM A635 and welded to a 52" steel post. Arms are secured to each ladder post with (4) 5/8" x 1 1/2" pinned button head cap screws thru (2) 1/4" flanges. Steel Posts: All steel PlayOdyssey posts are manufactured from 5" O.D. tubing with a wall thickness of .120" and shall be galvanized after rolling and shall have both the I.D. and the cut ends sprayed with a corrosion resistant coating. Steel Post Mechanical Properties: Yield Strength (min): 50,000 PSI Tensile Strength (min): 55,000 PSI % Elongation in 2 inches: 25 Modulus of Elasticity: 29.5 x 106 PSI Optional Aluminum Roof Posts: All formed aluminum PlayOdyssey roof posts are manufactured from 6005-T5 extruded tubing conforming to ASTM B-221. Posts shall have a 5" outside diameter with a .125" wall thickness. Post sleeve shall have 4.675" outside Page 3 of 11 diameter with a .150" wall thickness. Post cap shall be aluminum die cast from 369.1 alloy and powdercoated to match the post color. All caps shall be factory installed and secured in place with (3) self sealing rivets. Aluminum Post Mechanical Properties: Yield Strength (min): 35,000 PSI Tensile Strength (min): 38,000 PSI % Elongation in 2 inches: 10 Modulus of Elasticity: 10 x 106 PSI Clamps: All clamps, unless otherwise noted, shall be die cast using a 369.1 aluminum alloy and have the following mechanical properties: Ultimate Tensile: 47,000 PSI Yield Strength: 28,000 PSI Elongation: 7% in 2 inches Shear Strength: 29,000 PSI Endurance Limit: 20,000 PSI Each PlayOdyssey offset hanger clamp shall have an appropriate number of half clamps and shall be fastened to mating parts with (2) 3/8" x 11/8" pinned button head cap screws (SST) and (2) stainless steel (SST) recessed "T" nuts. A 1/4" aluminum drive rivet w/stainless steel pin is used to insure a secure fit to the post. 111404A - Posts For Decks 148"/72" Deck Post: See PlayBooster (PB) General Specifications. 111404C - Posts For Decks 132"/S6" Deck Post: See PlayBooster (PB) General Specifications. 111404D - Posts For Decks 124"/48" Deck Post: See PlayBooster (PB) General Specifications. 111404E - Posts For Decks 116"/40" Deck Post: See PlayBooster (PB) General Specifications. 136905C - Transfer Modules. Brown Deck Only To 48" Deck. Curved. Right or Left Step Page 4 of 11 Deck: Flange formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is perforated with 5/16" diameter holes and measures 29" per (2) sides. Finish: TenderTuff, brown in color. Railings: Weldment comprised of formed 11/8" O.D. x 11 GA (.120") steel tubing with 203 or 303 stainless steel 5/8" threaded inserts. Finish: TenderTuff, color specified. Step Sections/Top Step Section: Formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is 24 3/8" wide x 14" deep and is perforated with 5/16" diameter holes. Finish: TenderTuff, brown in color. Deck Support: Weldment comprised of 3 1/2" O.D. RS-20 (.125") galvanized steel tubing and 3/8" O.D. x 5" long CRS rod. Finish: Powdercoat, brown in color. Spacer: Made from 6061-T6 aluminum 11/8" O.D. x 5/8". Finish: Powdercoat, color specified. Infill Panel: Solid color permalene panel measures 6" wide x 37" high, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 121948A - Kick Plate 8 "Rise Kick Plate: Fabricated from 11 GA (.120") HR flat steel. Finish: TenderTuff, brown in color. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 111228A - Square Tenderdeck. Brown Only Square Deck: Flange formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is perforated with 5/16" diameter holes. Deck face has (4) slotted holes for face mounting components. The finished size measures 2 5/8" x 47" x 47". Finish: TenderTuff, brown in color. Deck Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 111231A - Triangular Tenderdeck. Brown Only Page 5 of 11 Triangular Deck: Flange formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is perforated with 5/16" diameter holes. Deck face has (4) slotted holes for face mounting components. The finished size measures 2 5/8" x 37 3/4". Finish: TenderTuff, brown in color. Deck Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 116244A - Pipe Barrier Pipe Barrier: Weldment comprised of 5/8" solid steel vertical rails, 1 1/8" O.D. x 11 GA (.120") steel horizontal rails with 203 or 303 stainless steel welded inserts with 5/8" internal threads, 1 1/2" x 11/2" x 29 1/2" angle iron. Barrier measures 33 7/8" wide x 39 13/16" high. Finish: TenderTuff, color specified. 90o Bracket: Formed from 1/4" x 11/4" HRPO flat steel. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 148S35A - The Ridge Handholds & Kick Panel Set. One Set Required Per Associated Deck Panels: Solid color Permalene, color specified. Spacer Tube: Made from 6061-T6 aluminum 7/8" O.D. Finish: Powdercoat, color specified. Clamps: Cast aluminum. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 122033D - SpvroSlides 56" Slide. w/Hanger Bracket. 48" Deck. Brown Bracket Only Slide, Hood & Barriers: Relational!}' molded from U.V. stabilized linear low-density polyethylene, color specified. Entrance Deck: Flange formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is perforated with 5/16" diameter holes and measures 32 1/4" wide x 36 27/32" long. Finish: TenderTuff, brown in color. Page 6 of 11 Center Column: Fabricated from 3.500" O.D. RS-20 (.120" - .130") galvanized steel tubing. Finish: Powdercoat, color specified. Barrier Plates: Fabricated from 1/4" x 11/2" zinc plated HR flat steel. Finish: Powdercoat, color specified. Exit Support: Weldment comprised of 2.375" O.D. RS-20 (.095" - .105") galvanized steel tubing and 1/4" x 3" x 11 3/4" mounting plate. Finish: Powdercoat, color specified. Handbar: Formed from 7/8" O.D. x 11 GA (.120") black steel tubing. Finish: TenderTuff, brown in color. Hanger Bracket: Formed from 11 GA (.120") HRPO low carbon sheet steel. Finish: TenderTuff, brown in color. Rail: 11/8" O.D. 6061-T6 aluminum extrusion with 5/16" walls. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. Deck Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 130390A - Double Polv Slides Double Swoosh Slide. 64" - 72" Deck Slide: Rotationally molded from U.V. stabilized linear low density polyethylene, color specified. Hood: Rotationally molded from U.V. stabilized linear low density polyethylene, color specified. Rail: Extruded from 1.125" O.D. x .312" W. 6061-T6 aluminum. Finish: Powdercoat, color specified. Rail Spacer: Fabricated from 1.3125" O.D. x 16 GA (.065") steel tubing. Finish: Powdercoat, color specified. Support: Weldment comprised of 2.375" O.D. RS-20 (.095" - .105") galvanized steel tubing and 1/4" x 3" mounting plate. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 143198A - Corner Climber 64" - 72" Decks Page 7 of 11 Side Frame: Weldment comprised of 1.900" O.D. RS-20 (.090" - .100") galvanized steel tubing, 1/8" x 1" HR flat steel and 1/4" x 1 3/4" wide steel clamp. Finish: Powdercoat, color specified. Corner Flange: Fabricated from 1/8" x 1" HR flat steel. Finish: Powdercoat, color specified. Footer: Weldment comprised of 1.900" O.D. RS-20 (.090" - .100") galvanized steel tubing. Finish: Powdercoat, color specified. Mounting Plate: Fabricated from 1/8" HR flat steel. Finish: Powdercoat, green in color. Handhold: Made from Polyester Resin. Handholds measure 5 3/4" long x 2 1/2" wide x 1 3/4" high. Corner Belt: PVC belting, 5/16" thick, 300 PIW tension rating. Center & Corner Panels: Solid color Permalene, color specified. Spacer Tube: Made from 6061-T6 aluminum 7/8" O.D. x 111/16". Finish: Powdercoat, color specified. Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 1282S2A - LOOP Ladder. 40"-48" Deck Loop Ladder: Weldment comprised of 1.125" O.D. x 11 GA (.120") black steel tubing. Finish: TenderTuff, color specified. Handhold Panel: Solid color permalene with 3/4" x 1 1/8" handholds, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Spacer Tube: Made from 6061-T6 aluminum 7/8" O.D. x 111/16". Finish: Powdercoat, color specified. Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 116249B - Vertical Ladders. Deck To Ground Vertical Ladder. 40" - 48" Deck Vertical Ladder: Weldment comprised of 1.125" O.D. x 11 GA (.120") steel tubing, 1.029" O.D. RS-20 (.070" - .080") and 3/16" x 2" wide steel flat plates. Finish: TenderTuff, color specified. Footer: Fabricated from 1315" O.D. RS-20 (.080" - .090") galvanized steel tubing. Finish: Powdercoat, color specified. Handhold Panel: Solid color permalene with 3/4" x 11/8" handholds, color specified. Page 8 of 11 Spacer Tube: Fasteners: Made from 6061-T6 aluminum 7/8" O.D. x 1 11/16". Finish: Powdercoat, color specified. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 148S39A - The Ridge The Ridge The Ridge Assy:(Base) Weldment comprised of 4" x 8" x 3/16" (.188") wall E.R.W. steel tubing conforming to ASTM A500, 7 Ga. (.180") HRPO flat steel conforming to ASTM A36 and 4" x 4" x 1/4" angle. Finish: Hot dip galvanized per ASTM A123. (Structural Frame) Weldment comprised of 2" x 2" x 1/8" (.125") wall E.R.W. steel tubing, 7 Ga. (.180") HRPO flat steel conforming to ASTM A36. Finish: Primer. (Ridge-fully assembled) Castings are made from Glass Fiber Reinforced Concrete (GFRC). Glass fiber is Alkali Resistant (AR) type glass formulated for concrete. Wall thickness varies from 3/4"-l 1/2" and weighs about 12 Ibs. per square foot Castings have a strength of 1,500 Ibs. per square inch in tension and 5,000 Ibs. per square inch in compression. GFRC has a surface layer of color in the concrete approximately 1/8"- 1/4" thick. Finish: Acid stain and latex paint highlights made for concrete, color specified. Rock Pocket Cover:Fabricated from 13 Ga. (.090") HRPO flat steel conforming to ASTM A569. Finish: Zinc plate with yellow chromate finish. 1113S7A - Chinning Bar, m Aluminum Post Rail: Fasteners: Weldment comprised of 1.125" O.D. x 11 GA (.120") steel tubing with 203 or 303 stainless steel 5/8" threaded inserts. Finish: TenderTuff, color specified. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Post: See PlayBooster (PB) General Specifications. Offset Hanger Clamp Assembly: Cast aluminum. Finish: Powdercoat, color specified. 120902A - Handhold/Leg Lift. TenderTuff Coated Brown Fasteners:Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Half Clamp:Cast aluminum. Finish: Powdercoat, color specified. Page 9 of 11 Hand Hold: Weldment comprised of formed 7/8" O.D. x 11 GA (.120") and 1/4" x 1 3/4" stainless steel half clamps. Finish: TenderTuff, brown in color. Warranty: Truly The Best In The Industry Landscape Structures Inc. warrants that all playstructures and/or equipment sold will conform in kind and quality to the specifications set forth in the specifications manual for the products identified in the Acknowledgement of Order and will be free of defects in manufacturing and material. As a further indication of our quality, Landscape Structures provides: 100-Year Limited Warranty for all stainless steel fasteners, aluminum posts, clamps, beams and caps, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. 15-Year Limited Warranty for all plastic and steel components, including TufTTimbersTM, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. TenderTuffR coating against structural failure due to natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. (Except Wiggle Ladders, Chain Ladders and Swing Chain) TuffTurfR against material or manufacturing defects when properly installed. This warranty does not include any cosmetic issues or wear and tear from normal use. 5-to-10-Year Limited Warranty for all CoolToppersTM, structural steel frame is covered by a ten-year warranty against structural failure due to natural deterioration or manufacturing defects. SpaceCableTM climber material and ShadesureR fabric have a five-year warranty against natural deterioration or manufacturing defects. This warranty is limited to the design loads as stated in the specifications found in the technical information. The Rock and The Ridge steel frames and exterior GFRC material have a 5-year warranty against structural failure due to natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. 3-Year Limited Warranty for all other parts, ie: CableCoreTM Products, Swing seats and hangers, Wiggle Ladders, Chain Ladders and Swing Chain, Track Ride trolleys and bumpers, all rocking equipment including Sway FunTM, PVC belting material, etc. against failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. The warranty stated above is valid only if the structures and/or equipment are erected in conformance with Landscape Structures' installation instructions and maintained according Page 10 of 11 to the maintenance procedures furnished by Landscape Structures Inc. For a full text of the warranty, contact your local sales representative. Page 11 of 11 Laguna Riviera Park Material Specifications General Specifications: Material: All materials shall be structurally sound and suitable for safe play. Durability shall be ensured on all steel parts by the use of time-tested coatings such as zinc plating, zinc- nickel plating, powdercoating, TenderTuff coating, etc. Colors shall be specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). All primary fasteners shall include a locking patch type material that will meet the minimum torque requirements of IFI-125. Manufacturer to provide special tools for pinned hex fasteners. TenderTuff Coating: All metal components to be TenderTuff-coated shall be thoroughly cleaned in a hot phosphatizing pressure washer, then primed with a clear acrylic thermosetting solution. Primed parts shall be preheated prior to dipping in U.V. stabilized, liquid poly vinyl chloride, then salt cured at approximately 400 degrees. The finished coating shall be approximately .080" +/- .020" thick at an 85 durometer hardness and have a matte finish. Four standard colors are available. Polyester Powdercoating: All metal components to be powdercoated shall be free of excess weld and spatter. Parts shall be thoroughly cleaned in a 6-Stage Pretreatment system with a hot phosphatizing bath and a non-chrome seal for corrosion resistance, then thoroughly dried. Powdercoating shall be electrostatically applied and oven cured at 350 degrees. Average thickness: .004". Super Durable TGIC polyester powder shall be specially formulated for optimum U.V. stability and glossiness and shall meet or exceed ASTM Standards for: Adhesion (D-3359B) Hardness (D-3363) Impact (D-2794) Salt Spray resistance (B-117) Paint Line shall employ a "checkered" adhesion test daily. Fifteen standard colors are available. Decks: All Tenderdecks shall be of modular design and have 5/16" diameter holes on the standing surface. There shall be a minimum of (4) slots in each face to accommodate face mounting of components. Tenderdecks shall be manufactured from a single piece of low carbon 12 GA (.105") sheet steel conforming to ASTM specification A-569. The sheet shall be perforated then flanged formed and reinforced as necessary to ensure structural integrity. The unit shall then be TenderTuff-coated brown only. Tenderdecks shall be designed so that all sides are flush with the outside edge of the supporting posts. Rotationally Molded Poly Parts: These parts shall be molded using prime compounded linear low-density polyethylene with a tensile strength of 2500 psi per ASTM D638 and with Page 1 of 4 color and UV-stabilizing additives. Wall thickness varies by product from .187" (3/16") to .312" (5/16"). Four standard colors are available. Permalene Parts: These parts shall be manufactured from 3/4" thick high-density polyethylene that has been specially formulated for optimum U.V. stability and color retention. Products shall meet or exceed density of .960 G/cc per ASTM D1505, tensile strength of 2400 PSI per ASTM D638. Five standard solid colors are available. Some Permalene parts are available in a two-color product with (2) .070" thick exterior layers over a .610" interior core of a contrasting color. Eight standard two-color options are available. Footings: Unless otherwise specified, the bury on all footings shall be 34" below Finished Grade (FG) on all in-ground play events/posts. Other types of anchoring are available upon request. (PS) General Specifications: Posts: 2 3/8" square aluminum posts shall have a minimum wall thickness of .125" and be extruded of 6005-T5 aluminum alloy and have rounded corners and ribbed faces for maximum safety. A cast aluminum top cap shall be installed at the factory with stainless steel knurled spacers and aluminum drive rivets. Flanges for panels and deck supports shall be extruded of 6005-T5 aluminum alloy and slide into slots extruded in posts. Flanges and deck supports shall be attached in the factory with stainless steel knurled spacers and aluminum drive rivets. All direct bury posts shall have a "finished grade marker" positioned on the post identifying the 34" bury line and the top of the required surfacing. A molded low-density polyethylene cap, with drain holes, shall be pressed onto the bottom end of the post to increase the footing area. Posts shall have a post number sticker for installation purposes. All surface mount posts shall be continuously welded to a 1/4" x 6" square 6061- T6 aluminum surface mount plate and allow for 2" of protective surfacing. Posts shall be powdercoated to a specified color. Aluminum Post Mechanical Properties: Yield Strength (min): 35,000 PSI Tensile Strength (min): 38,000 PSI % Elongation in 2 inches: 10 Modulus of Elasticity: 10 x 106 PSI Arch Posts: Arch posts shall have the same shape as the posts and be extruded from 6063-T4 aluminum alloy. Roof support flanges shall be of the same shape and material as the panel flanges. Arch shall be formed in a 180 degree arc on a 21" center line radius. Arches shall be secured to standard length posts with solid aluminum sleeves that are tapped to receive (16) 3/8" x 5/8" hex-pin cap screws per arch. Arch posts shall be powdercoated to a specified color. Page 2 of 4 115198A - Talk Tubes-Ground Level. Talk Tube: Weldment comprised of 1.660" O.D. RS-20 (.085" - .095") and 3/16" HRPO bracket. Finish: Powdercoat, color specified. Offset Bolt Bracket: Cast from 535 almag. Finish: Powdercoat, color specified. Talk Tube Cover: Solid color Permalene, Tan in color. Bug Screen: 18 x 16 Weave .011 Ga. charcoal fiberglass screen. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 111362A - Talk Tube Tubing Kit Talk Tube Hose: Made from reinforced suction hose, black in color. Hose Clamp: Band and housing made from 300 series stainless steel. Slotted screw with hex head and safety collar is cadmium-plated carbon steel. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Warranty: Truly The Best In The Industry Landscape Structures Inc. warrants that all playstructures and/or equipment sold will conform in kind and quality to the specifications set forth in the specifications manual for the products identified in the Acknowledgement of Order and will be free of defects in manufacturing and material. As a further indication of our quality, Landscape Structures provides: 100-Year Limited Warranty for all stainless steel fasteners, aluminum posts, clamps, beams and caps, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. Page 3 of4 15-Year Limited Warranty for ail plastic and steel components, including TuffTimbersTM, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. Page 4 of 4 Scout House Material Specifications General Specifications: Material: All materials shall be structurally sound and suitable for safe play. Durability shall be ensured on all steel parts by the use of time-tested coatings such as zinc plating, zinc- nickel plating, powdercoating, TenderTuff coating, etc. Colors shall be specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). All primary fasteners shall include a locking patch type material that will meet the minimum torque requirements of IFI-125. Manufacturer to provide special tools for pinned hex fasteners. TenderTuff Coating: All metal components to be TenderTuff-coated shall be thoroughly cleaned in a hot phosphatizing pressure washer, then primed with a clear acrylic thermosetting solution. Primed parts shall be preheated prior to dipping in U.V. stabilized, liquid poly vinyl chloride, then salt cured at approximately 400 degrees. The finished coating shall be approximately .080" +/- .020" thick at an 85 durometer hardness and have a matte finish. Four standard colors are available. Polyester Powdercoating: All metal components to be powdercoated shall be free of excess weld and spatter. Parts shall be thoroughly cleaned in a 6-Stage Pretreatment system with a hot phosphatizing bath and a non-chrome seal for corrosion resistance, then thoroughly dried. Powdercoating shall be electrostatically applied and oven cured at 350 degrees. Average thickness: .004". Super Durable TGIC polyester powder shall be specially formulated for optimum U.V. stability and glossiness and shall meet or exceed ASTM Standards for: Adhesion (D-3359B) Hardness (D-3363) Impact (D-2794) Salt Spray resistance (B-117) Paint Line shall employ a "checkered" adhesion test daily. Fifteen standard colors are available. Decks: All Tenderdecks shall be of modular design and have 5/16" diameter holes on the standing surface. There shall be a minimum of (4) slots in each face to accommodate face mounting of components. Tenderdecks shall be manufactured from a single piece of low carbon 12 GA (.105") sheet steel conforming to ASTM specification A-569. The sheet shall be perforated then flanged formed and reinforced as necessary to ensure structural integrity. The unit shall then be TenderTuff-coated brown only. Tenderdecks shall be designed so that all sides are flush with the outside edge of the supporting posts. Rotationally Molded Poly Parts: These parts shall be molded using prime compounded linear low-density polyethylene with a tensile strength of 2500 psi per ASTM D638 and with Page 1 of 8 color and UV-stabilizing additives. Wall thickness varies by product from .187" (3/16") to .312" (5/16"). Four standard colors are available. Permalene Parts: These parts shall be manufactured from 3/4" thick high-density polyethylene that has been specially formulated for optimum U.V. stability and color retention. Products shall meet or exceed density of .960 G/cc per ASTM D1505, tensile strength of 2400 PSI per ASTM D638. Five standard solid colors are available. Some Permalene parts are available in a two-color product with (2) .070" thick exterior layers over a .610" interior core of a contrasting color. Eight standard two-color options are available. Footings: Unless otherwise specified, the bury on all footings shall be 34" below Finished Grade (FG) on all in-ground play events/posts. Other types of anchoring are available upon request. (PS) General Specifications: Posts: 2 3/8" square aluminum posts shall have a minimum wall thickness of .125" and be extruded of 6005-T5 aluminum alloy and have rounded corners and ribbed faces for maximum safety. A cast aluminum top cap shall be installed at the factory with stainless steel knurled spacers and aluminum drive rivets. Flanges for panels and deck supports shall be extruded of 6005-T5 aluminum alloy and slide into slots extruded in posts. Flanges and deck supports shall be attached in the factory with stainless steel knurled spacers and aluminum drive rivets. All direct bury posts shall have a "finished grade marker" positioned on the post identifying the 34" bury line and the top of the required surfacing. A molded low-density polyethylene cap, with drain holes, shall be pressed onto the bottom end of the post to increase the footing area. Posts shall have a post number sticker for installation purposes. All surface mount posts shall be continuously welded to a 1/4" x 6" square 6061- T6 aluminum surface mount plate and allow for 2" of protective surfacing. Posts shall be powdercoated to a specified color. Aluminum Post Mechanical Properties: Yield Strength (min): 35,000 PSI Tensile Strength (min): 38,000 PSI % Elongation in 2 inches: 10 Modulus of Elasticity: 10 x 106 PSI Arch Posts: Arch posts shall have the same shape as the posts and be extruded from 6063-T4 aluminum alloy. Roof support flanges shall be of the same shape and material as the panel flanges. Arch shall be formed in a 180 degree arc on a 21" center line radius. Arches shall be secured to standard length posts with solid aluminum sleeves that are tapped to receive (16) 3/8" x 5/8" hex-pin cap screws per arch. Arch posts shall be powdercoated to a specified color. 111397E - Posts For Decks 90"/24" Deck Post: See PlayShaper (PS) General Specifications. Page 2 of 8 111397F - Posts For Decks 82"/16" Deck Post: See PlayShaper (PS) General Specifications. 111397G - Posts For Decks 74"/8" Deck Post: See PlayShaper (PS) General Specifications. 111396D - Posts For Roofs 121"/32" Deck Post: See PlayShaper (PS) General Specifications. 121948A - Kick Plate 8" Rise Kick Plate: Fasteners: Fabricated from 11 GA (.120") HR fiat steel. Finish: TenderTuff, brown in color. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 121948B - Kick Plate 16" Rise Kick Plate: Fasteners: Fabricated from 11 GA (.120") HR flat steel. Finish: TenderTuff, brown in color. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 121949A - Kick Plate 8" Rise. 90* Tri-Deck Kick Plate: Fabricated from 11 GA (.120") HR flat steel. Finish: TenderTuff, brown in color. Fasteners:Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 111237A - Square Tenderdeck. Brown Only Page 3 of 8 Square Deck: Flange formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is perforated with 5/16" diameter holes. Deck face has (4) slotted holes for face mounting components. The finished size measures 2 5/8" x 44 3/8" x 44 3/8". Finish: TenderTuff, brown in color. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 111239A - Square Tenderdeck Extension. Brown Only Square Deck Extension: Flange formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is perforated with 5/16" diameter holes. Deck face has (4) slotted holes for face mounting components. The finished size measures 2 5/8" x 42" x 44 3/8". Finish: TenderTuff, brown in color. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 119977A - Handbar Handbar: Weldment comprised of 1.125" O.D. x 11 GA (.120") steel tubing with 203 or 303 stainless steel welded inserts with 5/8" internal threads. Finish: Powdercoat, color specified. Offset Bolt Bracket: Cast from 535 almag. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 117495A - Triangular Tenderdeck. Brown Only Triangular Deck: Flange formed from 12 GA (.105") sheet steel conforming to ASTM A569. Standing surface is perforated with 5/16" diameter holes. Deck face has (4) slotted holes for face mounting components. The finished size of two of the three sides measures 2 5/8" x 391/4" on the face of the deck and the other side measures 2 5/8" x 55 1/2". Finish: TenderTuff, brown in color. Fasteners: Primary, fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 118110A - Square Polv Roof w/Logo Panels* Poly Roof: Rotation ally molded from U.V. stabilized linear low density polyethylene, color specified. Page 4 of8 Roof Logo: Fasteners: Two color roof logo measures 41" wide x 5 1/8" high, color specified. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Roof Sleeve:Cast from 319 almag. Finish: Powdercoat, color specified. 111282A - Bubble Panel Permalene Panel: Nylon Spacer: Bubble: Fasteners: Solid color panel measures 39 1/2" wide x 30 3/4" high, color specified. 3/8" I.D. nylon washer. Vacuum formed .230" x 26 3/8" diameter clear polycarbonate. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 111286A - Puppet Panel w/Window Permalene Panel: Solid color panel measures 39 1/2" wide x 30 3/4" high, color specified. Window: .177" thick clear polycarbonate. Nylon Spacer: 3/8" I.D. nylon washer. Fasteners:Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 111288A - Driver Panel. <ltr> Learning Wall Panels Permalene Panel: Two color panel measures 391/2" wide x 30 3/4" high, color specified. Hub: Solid color permalene, color specified. Wheel: Wheel Bracket: Steering Wheel Cap: 12" diameter cast 319.1 aluminum alloy. Shaft-303 stainless steel. Finish: Tender Tuff, color specified. Weldment comprised of formed 3/16" plate and 5/8" O.D. shaft. Finish: Powdercoat, color specified. Aluminum alloy 6061-T6. Finish: Powdercoat, white in color. Page 5 of8 Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 117946A - Wire Barriers Short (Sa.. Corner and Extension Decks) Barrier: Weldment comprised of 11/8" O.D. steel horizontal rails with 203 or 303 stainless steel welded inserts with 5/8" internal threads, 1/4" x 11/4" HR flat steel and 1/4" diameter wire. Barrier measures 39 1/4" wide x 30 13/16" high. Finish: Tender Tuff, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 132155A - Double Polv Slides 32" Deck Slide: Rotationally molded from U.V. stabilized linear low density polyethylene, color specified. Hood: Rotationally molded from U.V. stabilized linear low density polyethylene, color specified. Rail: Extruded from 1.125" O.D. x .312" W. 6061-T6 aluminum. Finish: Powdercoat, color specified. Rail Spacer: Fabricated from 1.3125" O.D. x 16 GA (.065") steel tubing. Finish: Powdercoat, color specified. Exit Support: Weldment comprised of 2.375" O.D. RS-20 (.095" - .105") galvanized steel tubing and 1/4" x 3" mounting plate. Finish: Powdercoat, color specified. Offset Bolt Bracket: Cast from 535 almag. Finish: Powdercoat, color specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). 100015B - TuffRiders* TuffRider. Bird. Direct Burv 100016B - TuffRiders* TuffRider. Horse. Direct Bury Panels: Solid color permalene seat panel, long brace and short brace red in color and body panel and foot rest spacer tan in color. Spring: Fabricated from 5 5/8" diameter 13/16" tempered alloy steel coil, with cast aluminum wedges A356 alloy placed in each end of spring. Finish: Powdercoat, color specified. Page 6 of 8 Base Plate: Fabricated from 1/4" x 10" diameter flat steel. Finish: Powdercoat, brown in color. Footrest: Cast from 535 almag. Finish: Powdercoat, brown in color. Brackets: Fabricated from formed 7 GA (.179") HRS. Finish: Powdercoat, brown in color. Bolt Caps: Made from injection molded polypropylene, U.V. stabilized, white in color. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Leg: Weldment comprised of 3 1/2" O.D. RS-20 (.120" - .130") galvanized steel tubing and 1/4" HRPO zinc plated steel mounting plates. 117962B - Toddler Swings Toddler Swing, w/(2) Full-Bucket Seats Post: See PlayBooster (PB) General Specifications. Swing Beam: Weldment comprised of 3.500" O.D. RS-20 (.120" - .130") galvanized steel tubing, 6" wide zinc plated steel clamp, 3.500" pipe cap, and 11/4" housings with bronze bushings. Finish: Powdercoat, color specified. Chain Spacer: Made from white nylon measuring .080" x .785" O.D.. Chain: Steel 3/16" straight link chain, 800 Ib. working load limit. Finish: Hot galvanized. Full Bucket Seat: Made of U.V. stabilized high-quality black rubber encapsulating a 24 GA (.024") stainless steel reinforcement plate. Handles cast from 356-T6 aluminum alloy with a 60 durometer black neoprene grip placed over handles. Handles attach to seat with (3) 1/4" x 1 5/16" long stainless steel rivets. The full bucket measures 9" deep x 101/2" wide. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Warranty: Truly The Best In The Industry Landscape Structures Inc. warrants that all playstructures and/or equipment sold will conform in kind and quality to the specifications set forth in the specifications manual for the products identified in the Acknowledgement of Order and will be free of defects in manufacturing and material. As a further indication of our quality, Landscape Structures provides: 100-Year Limited Warranty for all stainless steel fasteners, aluminum posts, clamps, beams and caps, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. Page 7 of 8 15-Year Limited Warranty for all plastic and steel components, including TuffTimbersTM, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. TenderTuffR coating against structural failure due to natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. (Except Wiggle Ladders, Chain Ladders and Swing Chain) TuffTurfR against material or manufacturing defects when properly installed. This warranty does not include any cosmetic issues or wear and tear from normal use. 5-to-10-Year Limited Warranty for all CoolToppersTM, structural steel frame is covered by a ten-year warranty against structural failure due to natural deterioration or manufacturing defects. SpaceCableTM climber material and ShadesureR fabric have a five-year warranty against natural deterioration or manufacturing defects. This warranty is limited to the design loads as stated in the specifications found in the technical information. The Rock and The Ridge steel frames and exterior GFRC material have a 5-year warranty against structural failure due to natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. 3-Year Limited Warranty for all other parts, ie: CableCoreTM Products, Swing seats and hangers, Wiggle Ladders, Chain Ladders and Swing Chain, Track Ride trolleys and bumpers, all rocking equipment including Sway FunTM, PVC belting material, etc. against failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. The warranty stated above is valid only if the structures and/or equipment are erected in conformance with Landscape Structures' installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc. For a full text of the warranty, contact your local sales representative. Page 8 of 8 Stagecoach Park Materials Specifications General Specifications: Material: All materials shall be structurally sound and suitable for safe play. Durability shall be ensured on all steel parts by the use of time-tested coatings such as zinc plating, zinc- nickel plating, powdercoating, TenderTuff coating, etc. Colors shall be specified. Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). All primary fasteners shall include a locking patch type material that will meet the minimum torque requirements of IFI-125. Manufacturer to provide special tools for pinned hex fasteners. TenderTuff Coating: All metal components to be TenderTuff-coated shall be thoroughly cleaned in a hot phosphatizing pressure washer, then primed with a clear acrylic thermosetting solution. Primed parts shall be preheated prior to dipping in U.V. stabilized, liquid poly vinyl chloride, then salt cured at approximately 400 degrees. The finished coating shall be approximately .080" +/- .020" thick at an 85 durometer hardness and have a matte finish. Four standard colors are available. Polyester Powdercoating: All metal components to be powdercoated shall be free of excess weld and spatter. Parts shall be thoroughly cleaned in a 6-Stage Pretreatment system with a hot phosphatizing bath and a non-chrome seal for corrosion resistance, then thoroughly dried. Powdercoating shall be electrostatically applied and oven cured at 350 degrees. Average thickness: .004". Super Durable TGIC polyester powder shall be specially formulated for optimum U.V. stability and glossiness and shall meet or exceed ASTM Standards for: Adhesion (D-3359B) Hardness (D-3363) Impact (D-2794) Salt Spray resistance (B-117) Paint Line shall employ a "checkered" adhesion test daily. Fifteen standard colors are available. Decks: All Tenderdecks shall be of modular design and have 5/16" diameter holes on the standing surface. There shall be a minimum of (4) slots in each face to accommodate face mounting of components. Tenderdecks shall be manufactured from a single piece of low carbon 12 GA (.105") sheet steel conforming to ASTM specification A-569. The sheet shall be perforated then flanged formed and reinforced as necessary to ensure structural integrity. The unit shall then be TenderTuff-coated brown only. Tenderdecks shall be designed so that all sides are flush with the outside edge of the supporting posts. Rotationally Molded Poly Parts: These parts shall be molded using prime compounded linear low-density polyethylene with a tensile strength of 2500 psi per ASTM D638 and with Page 1 of 3 color and UV-stabilizing additives. Wall thickness varies by product from .187" (3/16") to .312" (5/16"). Four standard colors are available. Permalene Parts: These parts shall be manufactured from 3/4" thick high-density polyethylene that has been specially formulated for optimum U.V. stability and color retention. Products shall meet or exceed density of .960 G/cc per ASTM D1505, tensile strength of 2400 PSI per ASTM D638. Five standard solid colors are available. Some Permalene parts are available in a two-color product with (2) .070" thick exterior layers over a .610" interior core of a contrasting color. Eight standard two-color options are available. Footings: Unless otherwise specified, the bury on all footings shall be 34" below Finished Grade (FG) on all in-ground play events/posts. Other types of anchoring are available upon request. 1Q0050A - Arch Belt Swings Arch Belt Swing. 2-Place. TenderTuff-coated Chain Arch Posts: Swing Beam: Chain: Chain: Belt Seat: Hanger Clamp Assembly: Fasteners: See PlayBooster (PB) General Specifications. Weldment comprised of tee clamps and 5" O.D. extruded 6005-T5 aluminum alloy tube with a .125" W. Finish: Powdercoat, color specified. Steel 3/16" straight link chain, 800 Ib. working load limit. Finish: TenderTuff, color specified. Steel 3/16" straight link chain, 800 Ib. working load limit. Finish: Hot galvanized. Molded from UV stabilized black EPDM rubber encapsulating a weldment comprised of a 22 GA (.029") spring stainless steel sheet and (4) .105 thick stainless steel washers. The belt seat elliptical shape measures 7" wide x 26" long x .700" thick. Cast aluminum. Finish: Powdercoat, color specified. Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F 879 unless otherwise indicated (see specific product installation/specifications). Warranty:Truly The Best In The Industry Landscape Structures Inc. warrants that all playstructures and/or equipment sold will conform in kind and quality to the specifications set forth in the specifications manual for the products identified in the Acknowledgement of Order and will be free of defects in manufacturing and material. As a further indication of our quality, Landscape Structures provides: Page 2 of 3 100-Year Limited Warranty for all stainless steel fasteners, aluminum posts, clamps, beams and caps, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. 15-Year Limited Warranty for all plastic and steel components, including TuffTimbersTM, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. TenderTuffR coating against structural failure due to natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. (Except Wiggle Ladders, Chain Ladders and Swing Chain) TuffTurfR against material or manufacturing defects when properly installed. This warranty does not include any cosmetic issues or wear and tear from normal use. 5-to-10-Year Limited Warranty for all CoolToppersTM, structural steel frame is covered by a ten-year warranty against structural failure due to natural deterioration or manufacturing defects. SpaceCableTM climber material and ShadesureR fabric have a five-year warranty against natural deterioration or manufacturing defects. This warranty is limited to the design loads as stated in the specifications found in the technical information. The Rock and The Ridge steel frames and exterior GFRC material have a 5-year warranty against structural failure due to natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. 3-Year Limited Warranty for all other parts, ie: CableCoreTM Products, Swing seats and hangers, Wiggle Ladders, Chain Ladders and Swing Chain, Track Ride trolleys and bumpers, all rocking equipment including Sway FunTM, PVC belting material, etc. against failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. The warranty stated above is valid only if the structures and/or equipment are erected in conformance with Landscape Structures' installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc. For a full text of the warranty, contact your local sales representative. Page 3 of3 ERROR: timeout OFFENDING COMMAND: timeout STACK: 5.01301 2.52103 4.38175 5.01301 4.45189 7.23745 2.52103 4.45189 5.01301 2.52103 3.90086 4.45189 5.57813 3.83874 3.90086 2.78856 2.52103 4.45189 2.78856 3.35963 4.38175 8.34959 3.90086 5.04006 4.38175 2.52103 5.01301 5.51801 5.01301 2.52103 4.38175 5.57412 5.57412 2.78856 4.45189 5.57412 2.78856 2.52103 3.33959 5.01301 5.57412 -mark- (not include any cosmetic issues or wear and tear from normal use. -savelevel- TOT LOT IMPROVEMENTS 2005-2006 PROJECT NO. PKS 06-01 CONTRACT NO. 39441 Appendix 2 Resilient Surfacing and Playground Equipment Plans