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Resolution - 2011-R0438 - Contract - A V Pro Inc.- Civic Center Theater Dimmer Replacement - 10_13_2011 (3)
Resolution No. 2011-RO438 October 13, 2011 Item No. 5.24 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 10267 for Civic Center theater dimmer replacement, by and between the City of Lubbock and A V Pro, Inc. of Dallas, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on October 13, 2011 C f � TOM MARTIN, MAYOR ATTEST: Rebeec Garza, City Secretary APPROVED AS TO Scott Snider, Assistant City Manager Community Services APPROVEDjAS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-A V Pro, Inc. September 23, 2011 ,Zt�v 40. 2 0// - R0�3$ BOND CHECK BEST RATING LICENSED IN TEXAS DATE % 1A BY:J'1— CONTRACT AWARD DATE 10-13-2011 CITY OF LUBBOCK SPECIFICATIONS FOR CIVIC CENTER THEATRE DIMMER REPLACEMENT ITB 11-10267-DG CONTRACT 10267 PROJECT NUMBER: 91195.9226.30000 Plans& Specifications can be viewed online and downloaded from WWW.BIDSYNC.COM at no cost. -Lo 11- ►2 C4-{, 3 g Xcity o iiibbock 4 T E X A S CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE I N Page Intentionally Left Blank ri L I City of Lubbock, TX Purchasing and Contract Management Office Contractor Checklist for ITB 11-10267-DG The cont ctor is only to submit (1) one original copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete f ' the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a �. contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the -. prices stated below. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. _.., 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original., t_ 4. Clearly mark the Bid Number (11-10267-DG), title, due date and time and your company name and address on the outside of the envelope or container. 5. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. Complete and submit the LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 9. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON- RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. (Type or Print Company Name) Page Intentionally Left Blank INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. LUMP SUM BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 4. LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. DAVIS BACON WAGE DETERMINATIONS 11. SPECIAL CONDITIONS (IF APPLICABLE) 12. SPECIFICATIONS E Page Intentionally Left Blank I NOTICE TO BIDDERS ITB 11-10267-DG Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 P.M. on SEPTEMBER 14, 2011 or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "CIVIC CENTER THEATRE DIMMER REPLACEMENT" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract Management Office for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 P.M. on SEPTEMBER 14, 2011, and the City of Lubbock City Council will consider the bids on October 13, 2011 at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required t o furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on SEPTEMBER 1, 2011 at 10:00 A.M. in the Civic Center, Lubbock, Texas. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from WWW.BIDSYNC.COM at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of ( j Lubbock pre -bid meetings and bid openings are available to all persons regardless of (� disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. [I CITY OF LUBBOCK _Marta ACvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO BIDDERS Page Intentionally Left Blank 9 GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Security Fencing Improvements at Water Utility Facilities per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 P.M. SEPTEMBER 14, 2011, at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB 11-10267-DG CIVIC CENTER THEATRE DIMMER REPLACEMENT" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held, SEPTEMBER 1, 2011 at 2:00 P.M. at the LUBBOCK CIVIC CENTER, 1501 Mac Davis Lane Lubbock, Texas 79401 in the Terrace Room. 2.1 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsyric.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidamc.com and will become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. } 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the bid closing date. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. �z ;i 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular .portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include Hill compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIMS AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, requirements, etc.. or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. David Gamboa, Buyer City of Lubbock Purchasing and Contract Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: dgamboa@mylubbock.us Bidsync: www.bidsync.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within as specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. E 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or fumware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. i 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall. be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess �- of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. { 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF [ LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AND THE ENGINEER AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ' ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance , with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. t 26.2 Before construction work requiring an inspector is to be performed on Sunday or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sunday or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents 28 PROVISIONS CONCERNING ESCALATION CLAUSES s Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. - 29.3 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 29.3.1 Bidder's Name: A V Pro, INC 29.3.2 Bid for "ITB 11-10267-DG CIVIC CENTER THEATRE DIMMER -- REPLACEMENT" Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.4 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that i has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. ' (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be 1' considered incorporated by reference into the aforementioned contract documents. C 31 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of .Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Item 1 on the Bid Form, plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34 PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, t Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. r• 34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, ' Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: bqp://www.gpo.gQv/davisbacon/allstates.htrnl 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. BID SUBMITTAL FORM Page Intentionally Left Blank BID SUBMITTAL FORM LUMP SUM BID CONTRACT DATE: l y / J — // PROJECT NUMBER: "ITB 11-1 267-DG CIVIC CENTER THEATRE DIMMER REPLACEMNT" Bid of called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: (hereinafter The Bidder, in compliance with your Invitation to Bid for the construction of CIVIC CENTER THEATRE DIMMER REPLACMENT, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. IITEM I DESCRIPTION I QTY I UNIT EXTENDED I 1, Replace existing analog dimmer system in the Civic 1 LS $ Center theatre with a digital lighting system. Work shall include the furnishing of all labor, �TJ / �f materials, tools, transportation services, and supervision necessary to complete the installation of the Stage Lighting & Dimming System, as specified herein. TOTAL LUMP SUM 1 $ ALT 2: ACCESSORY EQUIPMENT ITEM DESCRIPTION QTY UNIT EXTENDED COST 1 10' Cables for connection of console dimmer data DMX devices 3 EA $ g 1, to 2 25' Cables for connection of console dimmer DMX devices 3 EA % 03 ' data to 3. 10' cable for connection of hand held remote HHR devices 1 EA 0 data to 4. 25' cable for connection of hand held remote devices 1 EA data to HHR 5. 10' cable for connection of console network 3 EA ,z9 data to network node. 1 J,1 6. 25' cable for connection of console network data 3 EA � �D � to network node. 7' 5. 10' Power cable for connection of console to 1 EA �� electrical service ;w 7. Dust Cover for per console 1 EA 0V 8. 17" Flat panel monitor (22��� 2 EA 10,0� 9. 18" LittleLite gooseneck lamps 2 EA Z % 0 .' 10. Dust cover for each monitor 09 2 EA .;-- 11. Alphanumeric Keyboard 2 0 1 EA , 12. Hand-held remote (wireless, complete with hardware 1 EA 2J �1Z. 0 all required and software). 13. FADW 2X20 fader wing �51 1 EA TOTAL ITEMS 1 —13) Is 6- "' f f 1 F t Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of .r07C7 d (rredfef ,,, ou» ;�,�Dollars ($_ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been, opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal ifBidder is a Corporation) AT T 1zSTi: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. S-00ate Addenda No. Date Addenda No. Date Addenda No. Date Date: / — 13 - / / Authorized Signature (Printed or Typed Name) # V A7 Inc, Company .3r.s AV,' z-3S-F Address y% .S� �.� ✓/G�' //Gj'..I City, �X County 1 j' State Zip Code Telephone: 7z - Z 2 3- S gCf q Fax: 2 72 - 2 2 3- .,! 8 2 S FEDERAL TAX ID or SOCIAL SECURITY No. 2,E— 2 06!�2g27 EMAIL: q✓,_yro—/rJC. CO/Y7 M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 70 (SEVENTY) CONSECUTIVE WORKING DAYS, thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $600 (SIX HUNDRED DOLLARS AND NO1100) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. - The Bidder agrees that this bid shall be good and may not be withdrawn for a period of THIRTY (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10y business days after notice of award of the contract to him 1 r�ZeZ�7 Bidder's Initials 09/13/2011 15:11 9034256499 LL MOCK PAGE 01 ' CITY OF LUR'30CK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bic der and Agent Must be submitted with Bid I, the undersigned Bidder, certify iliat the insurance requirements contained iu this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awErded this contract by the City of Lubbock, I will be able to, within hen (10) busines•; days :after being notif.ed of such aH and by the City of Lubbock, furnish a valid insurance + certificate to the City meeting all o('thc requirements defined in th ,, bid.* e�(C,P} t Contractor (Original Signature) Contract( .i (Print) CONTRACTOR'S F.. RM NAME: &V (Print or Type) CONTRACTOR'S FIRM ADDRESS: 31T & � �J Name of Aaent/�Sroker 4CA04e5 Agent / Broker (Signature) Address of Agent/Broker: ' o ,U,- i City/Sratelzip: E usiace' —151 Z4 Agent/Broker Telephone Number: b3 )_ l a!5 - (PY Date: q-11-3111 _ _ NOTE TO CONTRIXTOR If the time requirement specified above is not met, the City )aw the right to reject this bid and award the contract to another contractor. If :you have any questions concerning l-hese requirements, please contact the Purchasing and Contract Maus entent Office flor the City of Lubbock at (811, ) 775-2572. BID 11-110267-DG - CIVIC CENTER TRETRE DIMMER :iZ ULACEMNT canna du Ce+--heed Axo j +;nr persy-bI deliV�r(f '.J+rl We -kb Cara-irrn ',P- caddfll b xal insured itn,ek'! rrol'�CyrMtlo+.�-Iv ehdo�se nt incwdes pV'JCLU S t Co'rn0tkd clPeraQ6oy'►S CAA k�-'5 +� + .does nok Inane heav4 a emfe tent- trdorS.trnen4 �ixab1e -'b po►tRrm iO writkn noWe w(d be oilifin ,b 4-1 e Gh4 4tn cqr pe-io12-M anyC OwleW& fi'? -Da Q-al-,'oPs S.r-h'A c.:s +N%,s A-, Iq a i e -kv U ce ACZ o rot C_2wh �F1'CO��Z a-,i h d`l�l rGn t'�P h �'1e, 0 Yle- p ro vl *t I C_ +A l I It SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidents involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted from bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. Bidder's Initials QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO.X/ If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted from serious bodily injury or death? YES NO If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition- of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Signature z_r eS /4 4�711e00-d_ Title IM i J SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $50,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $50,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $50,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: /7 V V r 0 C. FEDERAL TAX ID or SOCIAL SECURITY No. 7S- 2 0 2 Signature of Company Official: ram,./ Printed name of company official signing above: / 4 © ow as Date Signed: 9'- /3-11 4 Page Intentionally Left Blank 3 LIST OF SUB -CONTRACTORS No Text 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. BID # 11-10267-DG - CIVIC CENTER THETRE DIMMER REPLACEMENT LIST OF SUB CONTRACTORS Company Name /*V o /7 e- Company jq V )�v Location Services Provided Address CityA-S t 2, �X , County 1 si State Zip Code Telephone: ? 772 - 2 2-3 - 9, ? 967 Fax: 13 72 - - S 3? 2.5 Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB --CONTRACTORS WILL BE USED PLEASE INDICATE SO 4 Pase Intentionally Left Blank 1 THE AMERICAN INSTITUTE OF ARCHITECTS g. AIA Document A310 Bid Bond J . KNOW ALL MEN BY THESE PRESENTS, THAT WE AV Pro Inc. 315 North 1-35E DeSoto TX 75115 ` as Principal, hereinafter called the Principal, and International Fidelity Insurance Company One Newark Center Newark NJ 07102-5207 a corporation duly organized under the laws of the State of NJ as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock 1625 13th St. Lubbock TX 79401 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars ($ 5% G.A.B. ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Civic Center Theater Dimmer Replacement; ITB 11-10267-DG NOW, THEREFORE, if the Obligee shall accept -the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14th day of September 2011 AV Pro, Inc. (Principal) (Seal) - (Title) Sylvia Thomas International Fidelitv Insurance SEAL 1904 AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 (Seal) Page Intentionally Left Blank --" r, - - -e -A,- - - I I- �r-- N-W 2 NAM F RNE. IMPORTANT NOTICE To obtain information or make a complaint: You may call International Fidelity Insurance Company's toll -free telephone number for information or to make a complaint at: 1.800.333.4167 You may also write to International Fidelity Insurance Company at: Attn: Claims Department One Newark Center. 20"Floor Newark, NJ 07102 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800.252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714.9104 Fax: (512) 475-1771 Web: httu://www.tdi.stateAx.us E-mail: ConsumerPro-tecdo—n@tdi.state.t-x.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (Agent or the enmpany) first. N the dispute Is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condblon of the attached document. AVISO IMPORTANTE Para obtener Informsclon o pars someter una queja: Usted puede llamar al numero de telefono gratis de International Fidelity Insurance Company's pars lnformacion o pars someter una queja al: 1-800-3334167 Usted tambien puede escriblr a International Fidelity Insurance Company: Attn: Claims Department One Newark Center, 20'h Floor Newark, NJ 07102 Puede comunicarse con el Departamento de Seguros de Texas pars obtener Informaclon acerca de companies, coberturas, derechos o quejas al: 1.800.252.3439 Puede escriblr al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714.9104 Fax: (512) 475-1771 Web: htta://www.tdi.state.tx.us E-mail: ConsumerProtection(e)tg"tate.tx.us DISPUTAS SODRE PRIMAS O RI•:CLAMOS. SI tlene una dispute concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (la rompnnin) (Agente a In rompania) primero. 81 na se resuelve In disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU FIANZA DE GARANTIA: Este aviso es solo pars proposito de informacion y no se convierte en parte o condiclon del documento adjunto. PAYMENT BOND Page Intentionally Left Blank H m Bond No. TXIFSU0577236 STATUTORY PAYME11T BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that AV Pro, Inc. (hereinafter called the Principal(s), as Principal(s), and International Fidelity Insurance Company (hereinafter called the Surety(s), as. Surety(s), .are held and firmly bound unto. the City .of Lubbock (hereinafter called the Obligee), in the amount of:One:Hundred Fifty Five Thousand and Thirty One Dollars ($155 031.00 lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the -Principal. has entered into a certain written contract with the Obligee, dated the 13th day of October , 2011. to Replace Theatrical Dimming System - Bid #11-10267-DG - Civic Center Theatre Dimmer Replacement and said Principal under the law is required before commencing the work provided for in said contract to .execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said.contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Cade,;and all liabilities on this bond shall be determined in accordancewith the provisions of said. Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 13th day of October 2011, International Fidelity Insurance Company AV Pro, Inc. (Company. Name) By: no fyl (Printed Name) (signature} / (Title) No Text The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Brady K. cox an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. International Fidelity Insurance Com an Sure * By: e i -fa t Approved as to form: City of b By City Attorney * Note: If signed by an Office of the Surety Company there must be on file a certified extract front the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in pact, we must have copy of power of attorney for our files. 10 No Text DAPORTANT NOTICE To obtain information or make a complaint: You may call International Fidelity Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-333-4167 You may also write to International Fidelity Insurance Company at: Attn: Claims Department One Newark Center, 20"' Floor Newark, NJ 07102 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de International Fidelity Insurance Company's para informacion o para someter una queja al: 1-800-333-4167 Usted tambien puede escribir a International Fidelity Insurance Company: Attn: Claims Department One Newark Center, 20th Floor Newark, NJ 07102 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTES SOME PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (la compania) (agente o la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU FIANZA DE GARANTIA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Its m other the e CON, *W Thi Direc The`I Fu duly Now faciii, sock 11bod Qn t N -;..sworn. said said instrUn j lk, All Power c .JNTHE of At[pr 'NEW JERSEY; '0 7Ifi1Z75 I.��•a V\a. Q. A:JA.L h b d-- Z New JqseyAoe&I ere v constitute A41. 4ppoint MIC HIL -VII�PAMO,, ID ;PPN, BRENT 0 14AE b WIN . ... . ........... wo F, .Cox, ............ . .......... 1''......... A attormy(s)'-.infact :-ta.- execute seaC and deliverfor and on, its behalf as Surety, any and :.all bon an undertakings, bonds d on tracts f indemnity all .l Aigatory in the patvfe,thereof;� which are tnay.N allowed required ,e d, b la d or- rmitte W, stature ru ew re%u ation contract or o e ise, an.. AN 4bFLx V f-196ch instruments) r th b N;lffi& T NAL T NCR m in pursuAnct:, 0 m presents "shall e as: bin ing upon the J. fully and-aMRI 6411.ifiten,.and purposes i ;thad been dUlv,4Xecutedand -SekhoWledgeO, by ifs regularly elected officers at its A= pursitafro wand b authority qf Afticle-ISeWO63. of the 9' adopted by the.: bard of COMIPANY-k a meetinifcalled �'akid held )6n..,the7th;dAyof"�I ,any. Vice President, MecutiveViq Presiden4 Se.Qrpt4ry:oiAssistaht.zsetrdtary., shad "hqv6:pdwerand authority , . Seal _of - did - Co fAdorfidyi�in-fW;;knd to authbrim-7them,to.executepii Wfialfofth�;C-oibpany, and attach ther�pikn thereto, and - m0i n (W nature and, contract's 01 - 5,qf idO ty, and ther.w. ru figs 0 etvof as,ifov 4-andlig now ip;`f 11% f6 and effect been revoke e ed b�& ,'TIMON-Y WHERE&i-� ftijve her.e,u Ict:fily handIs-.13th.— of No Text , STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Principal(s), as Principal(s), and (hereinafter called the (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One Hundred Fifty Five Thousand and Thirty One Dollars ($155,031.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 13th day of October , 2011, to and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to �- the same extent as if copied at length herein. f NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 2011. Surety (Company Name) *By: By: (Title) (Printed Name) (Signature) (Title) ® o a The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety * By: (Title) Approved as to form: City of Lubbock By: City Attorney * Note: If signed by an Office of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 10 PERFORMANCE BOND Page Intentionally Left Blank Bond No. TXIFSU0577236 STATUTORY PERFORMANCE'BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that AV Pro, Inc. (hereinafter called the Principal(s), as Principal(s),and International Fidelity Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in, the amount of One Hundred Fifty Five Thousand and Thirty One Dollars ($155,031 003 lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors andassigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has .entered into a certain written contract with the Obligee, dated the 13th day of October , 2011, to Replace Theatrical Dimming System - Bid #11-10267-DG - Civic Center Theatre Dimmer Replacement and said principal under the law is required before commencing the work provided for in said contract: to execute a bond iri the amount of said contract which contract is hereby referred to and made a .part hereof as fully and to the same extent as if copied at length herein. NOW, THEREPORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if, the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall bedetermined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said.Principal (s) and Surety (s) have signed and sealed this instrument this 13th day of October , 2011. Internattiionalal=Fidelity Insurance Company AV Pro, Inc. Surely i/AR f 7 (Company Name) - *]By: By:, A D Aw &V L A0 � (Title ray A orney n-Fact (Printed'NPane) (Signature) Title) _ Bli➢ # [1I � 67-DG] —CIVIC CENTER THEATRE DIMMER REPLACEMENT 3 No Text The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Brady K. Cox an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. International Fidelity Insurance Company Surety *BY- -44 { i Attorn -1 -fa Approved as to Form City of b ck By: City Attorney * Note: If signed by an Office of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Principal(s),and (hereinafter called the Principal(s), as (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One Hundred Fifty Five Thousand and Thirty One Dollars ($155,031.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. r WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 13th day of October , 2011, to and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of .2011. Surety * By (Title) (Company Narne) By: (Printed Name) (Signature) (Title) BID # [11-10267-DG] — CIVIC CENTER THEATRE DIMMER REPLACEMENT 3 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: (Title) Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an Office of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. n u CERTIFICATE OF INSURANCE Page Intentionally Left Blank rl if I I ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) 10/26/2011 PRODUCER (903) Lana L. Mock P.O. Box 189 Eustace 425-6383 &Associates Inc. TX 75124- 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 NAIC # INSURED AV Pro, Inc. 315 N I 35 E DeSoto TX 75115- INSURER A:Safeco Insurance Company INSURERB:Texas Mutual Insurance Co INSURER C: INSURER D: 1 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADD' INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M/DD/YY) POLICY EXPIRATION DATE M/DDNY LIMITS rA GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE nX OCCUR 04-CC-175902-0 / / 09/16/2011 / / 09/16/2012 EACH OCCURRENCE $ 1,000,000 DAMAGEV(RENTED PREMISES Ea NTEDnce $ 200,000 MEDEXP (Anyoneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY X JE C LOD PRODUCTS -COMP/OPAGG $ 2,000,000 A AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 24 BA 004103 4 09/16/2011 / / / / 09/16/2012 / / / / COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILYINJURY (Peracddent) $ PROPERTY DAMAGE (Paracddent) $ GARAGE LIABIUTY 11 ANY AUTO / / / / AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTOONLY: AGG $ $ A EXCESSIUMBRELLALIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION $10, 000 01-SU-323089-00 09/16/2011 / / 09/16/2012 / / EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 _ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUIIVE OFFICER/MEMBEREXCLUDED? Nyes, dewAbeunder SPECIAL PRCMSIONS below TSF-0001081730 09/16/2011 / / 09/16/2012 / / C g X TW& LIMIY S ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EAEMPLO(E $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A OTHER Installation Floater 04-CC-177277-0 09/16/2011 09/16/2012 Limit 300,000 DESCRIPTION OF OPERAnONSILOCATIONSNEHICLESIEXCLUSIWS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Lubbock is listed as additional insured, except in regards to workers compensation. General liability is primary non-contributory. Additional insured, on general liability, includes completed operations. A waiver of subrogation is in favor of the same for all policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT City of Lubbock FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE PO Box 2000, Room 204 INSURER TISAGENTS ORREPRESENTATIVES. AUTHORIZED REPRESENW7IVE Lubbock TX 79457- AGVKU Z5 (ZUUT/UtI) INS025 (OfDs).as ®ACORD CORPORATION 1988 Page 1 of 2 M 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 (2001108) INS025 (0108).08 AMS Page 2 of ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE 09/0MIDD 09/09/2010010 PRODUCER (903) Lana L. Mock P.O. Box 189 Eustace 425-6383 & Associates, Inc. TX 75124- 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 NAIC # INSURED AV Pro, Inc. 315 N I 35 E DeSoto TX 75115- INSURER A. Safeco Insurance Company INSURER B: Texas Mutual Insurance Co INSURER C: INSURER D: INSURERE: I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR INSRD ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY / / / / EACH OCCURRENCE $ 1,000,000 X GENERAL LIABILITY COMMERCIAL CLAIMS MADE � OCCUR 04—CC-175902-9 09/16/2010 09/16/2011 DAMAGE TO RENTED PREMIS ES Ea occurrence)$ 200,000 MED EXP (Any one person $ _—_ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 / / / / GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X JECT LOC A AUTOMOBILE LIABILITY X ANY AUTO 24 BA 004103 3 09/16/2010 09/16/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS / / / / BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS / / / / PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO / / / / $ AUTO ONLY: AGG A EXCESSIUMBRELLA LIABILITY X OCCUR CLAIMS MADE 01—SU-323089-90 09/16/2010 09/16/2011 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 $ DEDUCTIBLE / / / / $ $ X RETENTION $10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE TSF-0001081730 09/16/2010 09/16/2011 X I TORYLIMITS OT E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE$ 1,000,000 OFFICERIMEMBEREXCLUDED? If yes, describe under SPECIAL PROVISIONS below / / / / E.L. DISEASE - POLICY LIMIT $ 1,000,000 A OTHER Installation 04-CC-177277-9 09/16/2010 09/16/2011 Limit 300,000 Floater DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Evidence of Insurance CERTIFICATE HOLDER - CANCELLATION ( ) ( ) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT SAMPLE FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ( ACORD 25 (2001/08) © ACORD CORPORATION 198E INS025 (Dto8).os Page 1 of: Page Intentionally Left Blank A I CONTRACT Page Intentionally Left Blank I I CONTRACT 10267 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13th day of October, 2011, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and A V Pro, Inc., of the City of DeSoto, County of Dallas, and the State of TX hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # 11-10267-DG — CIVIC CENTER THEATRE DIMMER REPLACEMNT . and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Conditions of Agreement. A V Pro, Inc's bid dated September 14, 2011 is incorporated into and made a part of this agreement. € The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: .r 1 PRINTED TITLE: ree �. COMPLETE ADDRESS: Company P T C�, Address 7=' City, State, Zip c 7 ATTEST: Coiporate Sr ret ry CITY OF LUBBOCK, TEXAS (OWNER): By: MA OR ATTEST: P" JL&� - City Se retary City Manager APP O A T FORM: City Attorney Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT -- 1. OWNER Whenever the word Owner, ' or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2- CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to wit A V Pro, Inc., who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative, Freddy Chavez, Director of Civic Center Services so designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular manner under this agreement. Engineers, supervisors or inspectors shall act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors shall look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual -- or to a member of the firm or to an Office of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative shall check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension shall be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades are needed. All stakes, marks, etc., jshall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is fiunished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any i, necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding i 4 as if given to the Contractor. It is expressly agreed that adequate supervision by competent and f reasonable representatives of the Contractor is essential to the proper performance of the work ln' P p and lack of such supervision shall be grounds for suspending operations of the Contractor. r, The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and- during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any Office, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment are permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall'be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work shall be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its $ completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor _ to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests shall be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so 6 23. that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. . If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred f directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance j Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein deemed, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind shall be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or --' Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, I the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the. State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its Offices, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change shall be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies 11 shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED TO INCLUDE PRODUCT-COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 10 A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $500,000.00 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury WITH XCU & HEAVY EQUIPMENT ENDORSEMENT B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $200,000. Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $200,000.00 Combined Single Limit, to include- all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $500,000.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. E. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $ 500,000.00 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section _406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity shall have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing 12 all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who shall provide services on the project shall be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements -will be filed with the appropriate 13 insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, �- a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; 14 (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and -, (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal ' delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing. services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided - by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804-4000 (www.tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper codes and payroll amounts and agreements for all of its employees project, for the duration of the project; 15 reporting of classification filing of any coverage providing services on the (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: `By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 16 I 1 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its Offices, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its Offices, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its Offices, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its Offices, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or 17 i assertion that the plans and specifications are at variance with any federal, state or local laws, is ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor fiu they agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $600 (SIX HUNDRED DOLLARS AND NO/ 100), not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; 18 1 provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and ' specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in _full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this 19 contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be fur-nished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, ( payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its Offices, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work fiu-nish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made 20 i, f by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 21 1_ Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery; equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in 22 connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and z�. 23 materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of -` 'the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or g otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS # In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or 1. 24 l ._ otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as deemed in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 25 56. ' NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such -- overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 26 V Pate Intentionally Left Blank DAVIS BACON WAGE DETERMINATIONS 1 EXHIBIT A Instructions to Buyer: Buyer must select the appropriate link within the table below and replace this page with the page(s) resultant from the link. Use ONLY one of the following General Decision Numbers as appropriate: TX20100296 or TX20100028. GENERAL DECISION COUNTY INDEX STATE: TX PUBLICATION DATE: 02/08/2008 RUN ., am—, , .- 'i:.••!"mty". P:<..5 .y' Lubbock' -._a _..101 IN �� _ �-- - TX20100028 TX20100028 ...-_ -..._ " -- _ - - k� - TX20100055 TX20100056 t TX20100096 = - - - TX20100104_--_- J'F TMO100296 L....,.._.. _ _.._.__.i .._..v `- _- --.-- _- ._ _ _.-- - _ ' _ _ _ _.: .. _._ --- __..-_---____ _ .._._TX20100308 ..---._....... -- ._._........._..... - GENERAL DECISION: TX20100296 10/01/2010-TX296 u Date: October 1, 2010 General Decision Number: TX20100296 10/01/2010 U Superseded General Decision Number: TX20080296 State: Texas Construction Type: Building County: Lubbock County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 03/12/2010 1 03/19/2010 2 06/25/2010 3 10/01/2010IL !� BOIL0531-001 07/01/2008 1 I P Rates Fringes Boilermaker ....................$ 26.02 13.66 ---------------------------------------------------------------- BRTX0005-004 06/01/2009 Rates Fringes Bricklayer .....................$ 24.16 8.31 ---------------------------------------------------------------- CARP0665-002 05/01/2010 Rates Fringes Carpenter ......................$ 20.18 5.56 ---------------------------------------------------------------- ENGI0178-004 12/01/2009 Rates Fringes OPERATOR: Forklift ..............$ 21.20 9.35 ---------------------------------------------------------------- IRON0263-017 06/01/2008 Rates Fringes Ironworker, reinforcing ........ $ 20.90 4.60 ---------------------------------------------------------------- PAIN0053-003 04/01/2008 Rates Fringes Painter - Brush, Roller & Spray ......................... ..$ ---------------------------------------------------------------- 15.81 4.56 * PLUM0629-019 09/24/2010 Rates Fringes PLUMBER/PIPEFITTER...............$ 21.00 6.25 ------------------------------ ---------------------------------- SHEE0049-007 06/16/2010 Rates Fringes SHEETMETAL WORKER (HVAC Duct and System Installation Only) .... ------------------------------ $ 21.20 8.95 7--------------------------------- SUTX2009-168 06/03/2009 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 18.58 0.00 ELECTRICIAN ......................$ 18.09 2.36 IRONWORKER, STRUCTURAL ........... $ 10.38 0.00 LABORER: Common or General ...... $ 8.86 0.00' LABORER: Mason Tender - Brick...$ 11.00 0.00 OPERATOR: Backhoe/Excavator..... $ 13.81 0.00 OPERATOR: Blade/Grader .......... $ 12.97 0.00 OPERATOR: -Front End Loader ...... $ 12.23 0.00 ROOFER ...........................$ 12.06 0.00 TILE SETTER ......................$ 8.50 0.00 TRUCK DRIVER ..................... --------------------------------------------------------- $ 10.15 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above; the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling {. On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices ' have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and Y' 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project idescription, area practice material, etc.) that the requestor 1 . considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION i GENERAL DECISION: TX20100028 03/12/2010 TX28 Date: March 12, 2010 General Decision Number: TX20100028 03/12/2010 Superseded General Decision Number: TX20080028 State: Texas Construction Types: Heavy and Highway Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date 0 03/12/2010 * SUTX2004-001 11/09/2004 Rates Fringes Asphalt Distributor Operator ... $ 9.25 0.00 Asphalt Heater Operator ........ $ 11.21 0.00 Asphalt paving machine operator$ 11.16 0.00 Asphalt Raker ..................$ 9.51 0.00 Broom or Sweeper Operator ...... $ 8.57 0.00 Bulldozer operator ...........$ 9.76 0.00 Carpenter ......................$ 12.61 0.00 Concrete Finisher, Paving ...... $ 13.26 0.00 Concrete Finisher, Structures..$ 11.20 .0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator .......................$ 11.00 0.00 Electrician ....................$ 17.00 0.00 Form Builder/Setter, Structures$ 9.26 0.00 Form Setter, Paving & Curb ..... $ 9.82 0.00 Front End Loader Operator ...... $ 10.52 0.00 Laborer, common ................$ 8.51 0.00 Laborer, Utility ...............$ 10.46 0.00 Mechanic .......................$ 16.85 0.00 Motor Grader Operator Rough .... $ 11.75 0.00 Motor Grader Operator, Fine Grade ..........................$ 13.50 0.00 Planer Operator ................$ 13.36 0..00 Roller Operator, Pneumatic, Self -Propelled .................$ 7.67 0.00 Roller Operator, Steel Wheel, Flat Wheel/Tamping.............$ 8.06 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement .............$ 7.50 0.00 Scraper Operator ...............$ 8.50 0.00 Servicer .......................$ 8.98 0.00 Slip Form Machine Operator ..... $ 13.64 0.00 r, Tractor operator, Pneumatic .... $ 12.00 Traveling Mixer Operator ....... $ 12.00 Truck driver, lowboy -Float ..... $ 12.67 Truck driver, Single Axle, .• Heavy ..........................$ 8.50 Truck driver, Single Axle, Light ..........................$ 8.08 Truck Driver, Tandem Axle, Semi -Trailer ...................$ 8.66 Welder .........................$ 15.25 Work Zone Barricade Servicer... $--8_28 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Laborrii; 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. SPECIFICATIONS Page Intentionally Left Blank GENERAL CONSTRUCTION SPECIFICATIONS FOR CIVIC TIiEATREDIMMING SYSTEM FOR CITY OF LUBBOCK LUBBOCK;TEXAS KIRKPATRICK ARCIIITECTURE STUDIO Demon, Texas SCHULER SHOOK Dallas, Texas PROJECT COORDINATOR- (940) 387-8182 THEATRE PLANNERS LIGHTING DESIGNERS (214)747-8300 Division I GENERAL REQUIREMENTS Section 0.1100 JOB REQUIREMENTS 3 pages Division 11 EQUIPMENT STAGE.LIGHTING AND DD&AING SYSTEM 22 pages THEATRE EQUIPMENT DEMOLITION 4 pages INDEX OF DRAWINGS DEMOLITION SITE PLAN, SITE PLAN TL 001 08-11 TOC - I CIVIC. THEATRE.DIMMING SYSTEM 08-11 01100 -1 CIVIC THEATRE DIMMING SYSTEM SECTION 01100 [ JOB REQUIREMENTS 1.1 COOPERATION WITH BUILDING OFFICIALS A. The Contractor shall cooperate with applicable city or other governmental officials and inspectors at all times. If such official or inspector deems special inspection necessary, provide assistance and facilities that will expedite his inspection. _ B. Project Consultants: a. Coordinating Consultant: Kirkpatrick Architecture Studio responsible for coordination of Consultants. b. Theatre Dimming Control Design Consultant. Schuler Shook responsible for dimmer system design. 1.2 EXAMINATION OF SITE AND CONTRACT DOCUMENTS A. It shall be the responsibility of the Contractor to examine specifications, drawings and job site for all construction requirements in connection with this work. B. The Contractor shall examine the general construction conditions and shall familiarize himself with all such limitations caused by such conditions and to take cognizance of same in submitting proposal. < 1.3 CODES AND REGULATIONS A. Comply with all applicable local, state and federal laws, regulations, and ordinances applicable to this construction. B. Use the following published codes as minimum requirements in the absence of other applicable more stringent codes: 1. International Building Code 2. National Electric Code 3. National Plumbing Code 4. ASHRAE Handbook 5. ASTM Standards 1.4 LEGAL JURISDICTION A. If litigation is initiated by any party to the contract agreement and a legal petition is filed against the Owner, it shall be understood by virtue of the signed contract agreement, that said petition shall be filed in the Owner's jurisdiction. 1.5 COORDINATION AND CONDUCT OF THE WORK A. The Contractor shall be responsible for the proper fitting of all work, and for the coordination of the operations of all trades, subcontractors and material suppliers, engaged upon or in connection with the work, as well as the Contractor's employees. He shall exercise every effort to assure a harmonious, " cooperative attitude on the part of all concerned, and be prepared to guarantee to each subcontractor and foreman the dimensions which they may require for the fitting of their own adjoining work, and do all fitting and adjusting necessary to make the several parts of the work come together properly and to fit - the work to receive, or to be received by, the work of other Contractors. 1.6 MATERIALS AND WORKMANSHIP A. All materials fiunished under this contract shall be new and free from defects and approved by Owner. B. All work is to be accomplished in a quality workmanship manner and shall be in accordance with manufacturer's recommendations. 08-11 01100 - 2 CIVIC THEATRE DIMMING SYSTEM C. Contractor shall do all cutting and patching necessary for the installation of his work. All cutting shall x , be carefully and neatly done so as not to damage or cut away more than necessary of any existing portions of the structure. All patching shall be done in a neat workmanlike manner- such that patched areas be restored to their original condition. D. It shall be the responsibility of the contractor to keep the work areas in a clean and safe condition. 1.7 PROJECT MEETINGS A. Pre -Construction Meeting: The Owner will schedule a meeting with the Contractor and review administrative and construction procedures to be used during project construction. Notification confirming the place, date and time will be given by the Owner. 1.8 SHOP DRAWINGS AND SAMPLES A. The Contractor shall submit for approval five (5) sets of shop drawings in addition to the number of sets required by Contractor for his use. B. Samples and finishes of materials as required shall be furnished with promptness and will be accepted or rejected under same conditions as outlined above. 1.9 PROJECT SUPERVISION A. The Contractor shall employ a competent superintendent with a minimum of 5 years experience as a superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. 1.10 MEASUREMENTS A. Before doing any work or ordering any materials, the Contractor shall verify all measurements of any existing and new work and shall be responsible for their correctness. Any differences which may be found shall be submitted to the Owner for consideration before proceeding with the work. No extra compensation will be allowed because of differences between actual dimensions and measurements indicated on the Drawings. 1.11 CONFLICTS A. Where a conflict occurs between or within standards, specifications, codes ordinances, and drawings, the more stringent or higher quality requirements shall apply. L 12 MANUFACTURER'S SPECIFICATIONS AND INSTRUCTIONS A. Install all manufactured items and equipment in strict accordance with the manufacturer's recommended specifications. B. At completion of the project and prior to final acceptance by the Owner, provide the Owner with three complete bound sets of operating and maintenance instructions, and demonstrate to him procedures for proper operation and maintenance of all equipment. 1.13 DELIVERY AND STORAGE OF MATERIALS A. The Contractor shall be responsible for the proper care and protection of all materials, equipment, etc., delivered at the site. The Contractor shall protect and be responsible for all damage to his work or material, from the date of the Contract until the final payment is made, and shall make good without cost to the Owner, any damage or loss that may occur during this period. 08-11 01100 - 3 CIVIC THEATRE DIMMING SYSTEM 1.14 JOB MAINTENANCE A. During the course of their work, all crafts and trades shall protect all work which precedes theirs from damage and they shall make repairs or replacements to any damage caused either directly or indirectly by them. 1.15 EQUIPMENT, SCAFFOLDING, ETC. A. Unless otherwise specified, the Contractor shall furnish at his own cost and risk, all special and power tools, scaffolding, apparatus, hoists and all temporary work and materials required for the proper execution of his work. 1.16 AS -BUILT RECORDS A. The Contractor shall maintain, at the job site, a separate set of prints of The Contract Drawings for the sole purpose of recording with colored pencil "as -built" changes and diagrams of those parts of the work in which actual construction is significantly at variance with The Contract Drawings. B. At the conclusion of the project, an additional set of such record prints shall be prepared and both sets delivered to the Owner. END OF SECTION LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 11 61 63 - 1 DIMMING SECTION 11 61 63 - STAGE LIGHTING AND DIMMING SYSTEM PART 1- GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions, other General Requirement Sections, apply to work of this section. B. All work shown on Contract Drawings TL series is provided under this section. Refer to these drawings for plans, graphic representations, schedules, and notations showing Stage Lighting and Dimming System work. C. Switches, switch boards, contactors, panel boards, transformers, conduit, wire, outlets, connectors and other electrical devices specified herein or on accompanying drawings shall conform to provisions of other sections of Division 16 of the contract documents unless otherwise noted. 1.02 GENERAL CONDITIONS A. For the sake of brevity these specifications shall omit phrases such as "(Sub) Contractor shall furnish and install", "unless otherwise indicated or specified", etc., but these phrases are nevertheless implied. Mention of materials and operations requires the (Sub) Contractor to furnish and install such materials and perform such operations complete to the satisfaction of the Consultant. Exceptions are noted herein or shown on the drawings. B. No representative of the Owner shall have power to waive the obligations of this contract for the furnishing of good materials or of performing good work, as herein described, in full accordance with the contract documents. The failure of any representative of the Owner to condemn any defective work or materials shall not release the obligation to at once tear out,'remove, and properly replace the same at any - tie prior to final acceptance upon discovery of said defective work or material. However, when requested, the Owner's representative shall observe and accept or reject any material furnished; and in the event the material has been once accepted by the Owner's representative, such acceptance shall be binding on the Owner unless it can be clearly shown that such material does not meet the specifications for this work. C. All work provided under this section shall be provided a qualified Theatrical Lighting Contractor. The qualified Theatrical Lighting Contractor shall demonstrate the following at time of bid submission: 1. No less than five (5) years experience installing theatrical lighting systems of similar scope and magnitude 2. No less than ten (10) projects of similar scope and magnitude, which the dealer has installed. 3. Maintain a showroom open to the public thirty (30) or more hours per week located in a commercially zoned area. LUBBOCK CIVIC CENTER DEVEVMR REPLACEMENT 1 DEMOLITION THEATRE EQUIPMENT DEMOLITION PART 1- GENERAL 1.1 RELATED DOCUMENTS t A. The General Conditions, Supplementary General Conditions, bidding, and contract conditions shall apply to, and form a part of, this Section. 1.2 GENERAL CONDITIONS A. For the sake of brevity these specifications shall omit phrases such as "(Sub) Contractor shall furnish and install", "unless otherwise indicated or specified", etc., but these phrases are nevertheless implied. Mention of materials and operations requires the (Sub) Contractor to furnish and install such materials and perform such operations complete to the satisfaction of the Architect/Consultant. Exceptions are noted herein or shown on the drawings. r B. No representative of the Owner shall have power to waive the obligations of this contract for the furnishing of good materials or of performing good work, as herein described, in full accordance with the contract documents. The failure of any representative of the Owner to condemn any defective work or materials shall not release the obligation to at once tear out, remove, and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material. However, when requested, the Owner's representative shall observe and accept or reject any material furnished; and in the event the material has been once accepted by the Owner's representative, such acceptance shall be binding on -P the Owner unless such material can be clearly shown as not meeting the specifications for this work. C. Demolished materials shall be removed from the site unless otherwise directed by the Owner. 1.3 SCOPE OF WORK A. The work under this contract shall include the furnishing of all labor, materials, tools; equipment, transportation, services, etc., and supervision necessary to complete the demolition of certain components of the existing theatre equipment s systems and other items herein listed. Extent of all demolition work shall be furnished as described in these specifications, as illustrated on the accompanying drawings, or as directed by the Architect/Consultant. B. Definitions used throughout the Contract Documents: LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 2 DEMOLITION 1. "Existing equipment not reused" means the listed existing equipment is not used in the project and is to be removed from the site unless otherwise noted. 2. "Existing equipment reused" means equipment that is presently in use and =- r is to be salvaged for reinstallation. C. The demolition work is comprised of, but not limited to, the following principal items: - 1. All stage lighting dimmers are to be removed and not reused. 2. House light dimmers are to be reused. Remove if necessary for later reinstallation. 3. All load wiring and distribution equipment is to be re -used. 4. All miscellaneous hardware indicated to be demolished on drawings or required demolition for installation of new work. 1.4 JOB CONDITIONS A. Verify all conditions applicable or pertaining to this work. Coordinate with scheduled work of any other trades and with Owner. B. Contractor shall take care not to damage any equipment which will be reused or to disconnect any wiring other than as required to interface new system. Any equipment which will be reused that is damaged by the Contractor shall be repaired or replaced by the Contractor at no cost to the Owner. C. Owner assumes no responsibility for actual condition of structures to be demolished. Conditions existing at time of inspection for bidding purposes will be maintained by Owner in so far as practicable. D. Use of explosives will not be permitted. E. Conduct demolition operations and removal of debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks or other occupied or used facilities without permission from authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. F. Ensure safe passage of persons (night or day) around area of demolition. Conduct operations to prevent injury to adjacent buildings, structures, other facilities, and persons. Erect temporary covered passageways as required by authorities having jurisdiction. Provide interior and exterior shoring, bracing, or support to prevent movement, settlement or collapse of structures to be demolished and adjacent facilities to remain. LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 3 DEMOLITION G. Promptly repair damages caused to facilities and equipment by demolition operations at no cost to the Owner. H. Maintain existing utilities indicated to remain, keep in service, and protect against damage during demolition operations. Do not interrupt existing utilities serving occupied or used facilities, except when authorized, in writing, by authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, as acceptable to governing authorities. 1.5 PERMITS A. Obtain all permits necessary for the execution of any work pertaining to the demolition, and conform in all trades with all applicable local codes. PART 2 - PRODUCTS - NOT APPLICABLE PART 3 - EXECUTION 3.1 LABOR AND SUPERVISION A. Employ only fully trained personnel, assisted by competent common laborers, for the demolition of the existing theatre equipment. Personnel shall be adequately and properly trained in the demolition of the style of equipment specified herein. Employ a competent superintendent on the work at all times. This superintendent shall represent the demolition Contractor in Contractor's absence. All directions given to the superintendent by the Consultant shall be as binding as if they were given to this Contractor personally. 3.2 DEMOLITION A. Remove all components identified in part 1 above. B. Clearly mark all load wiring before disconnecting. 3.3 DISPOSAL OF DEMOLISHED MATERIALS A. Coordinate with Owner for storage or disposal of all debris, rubbish, and other materials resulting from demolition operations. LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 4 DEMOLITION B. Remove all demolished material from the site and properly dispose. C. Burning of removed materials from demolished structures will not be permitted on -site. 3.4 CLEANING OF THE SITE A. Remove from the site all rubbish, trash, discarded packing materials, cartons, and other debris caused by daily operations. Upon completion of work, the entire area of work by this Contractor shall be left in broom clean condition. END OF SECTION LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 116163 - 2 DIMMING 4. Employ at least one full time retail sales person. 5. Maintain an inventory, held for resale, of at least $50,000; with the value based on the manufacturer's published net pricing. 6. Offer for retail sales at least ten (10) lines of product purchased directly from at least ten (10) different recognized entertainment equipment manufacturers on open account. 7. Hold a valid business license and/or resale tax permit for the location in which the work will occur. 1.03 SCOPE OF WORK A. Work under this section shall include the furnishing of all labor, materials, tools, transportation services, and supervision necessary to complete the installation of the Stage Lighting & Dimming System and other items as herein listed, all as described in these specifications, as illustrated on the drawings, and as directed by the Consultant. Work is comprised of, but not limited to, the following principal items: 1. Stage light dimming system 2. House light dimming system 3. Custom panels and equipment 4. Repair or replacement of load wiring and distribution equipment is not included in this scope of work but any problems or issues are to be clearly documented. B. Furnish and install complete Stage Lighting and Dimming Systems with all necessary apparatus and equipment, wiring, etc., required to insure on completion, complete systems in excellent working order as specified herein and on the attached diagrams. C. Consistent with the detailed information contained in this specification, it is the responsibility of the Contractor to supply complete and functional overall systems. Verify complete parts lists, the accuracy of the type numbers and the overall suitability of the equipment to provide functional systems coordinated and interfaced with related work. D. As required by local, state and federal codes, all electrical work will be performed by a licensed electrician under the supervision of the Contractor. E. Minor items of equipment needed in order to meet the requirements stated above, even if not specifically mentioned herein or on the drawings, shall be provided in quality equivalent to other conditions on the project with no claim for additional payment. i 1.04 JOB CONDITIONS A. Verify all conditions on jobsite applicable to this work. Coordinate with scheduled work of other trades and Owner. Notify Consultant in writing of discrepancies, t conflicts, or omissions prior to Bid time or correct same at Contractor's expense. LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 116163 - 3 DIMMING B. The drawings show diagrammatically the cables, conduit, wiring, and so far as possible, the arrangement of equipment, which fit into the spaces available without interference. If conditions exist at the jobsite which make it impossible to install work as shown, prepare and submit drawings to the Consultant for approval showing how the work may be installed and, on approval, install the work without additional cost to the Owner. C. Contractor shall take care not to damage any equipment or to disconnect any wiring other than as required to interface new system. Any contractor -damaged equipment shall be repaired or replaced by the Contractor at no cost to the Owner. 1.05 APPROVED MANUFACTURERS A. For purposes of establishing the quality and performance desired, the following companies are approved as manufacturers for the herein specified equipment: 1. Electronic Theatre Controls, Inc. B. Approval indicates approval of the manufacturer only and not approval of specific products. The Contractor shall -be required to provide equipment, which will meet or exceed the intent of these specifications. 1.06 SUBSTITUTIONS A. Notwithstanding any reference in the specifications to any article, device, product, materials, fixtures, form, or type of construction by name, make, or catalog number, such reference shall be interpreted as establishing a standard of quality and shall not be construed as limiting competition; and the Contractor in such cases, may at his option use any article, device, product, material, fixture, form or type of construction which in t the judgment of the Consultant expressed in writing, is equivalent to that specified. B. All materials and equipment specified herein have been determined to provide an overall physical appearance and background of proven operation desired by the Owner, and therefore, to establish a standard of quality required for this project. If equipment or material other than that specified is proposed to be furnished, this Contractor shall be required to furnish the Consultant with such samples as he requires, the same to be submitted by the Consultant to an independent testing laboratory selected by the Owner for tests to determine the actual equality of the proposed substitute items. All costs and charges incurred by these tests shall be borne by the Contractor. Should such tests prove the substitute materials and equipment equal and acceptable, the Contractor shall be so advised. However, the Owner reserves the right to examine, and where necessary, to have additional tests made by the same independent testing laboratory of the actual equipment delivered to the jobsite to insure that the delivered equipment is equal in fact to that specified. Should such secondary test prove the equipment is satisfactory, the Owner will pay the cost for such test. Otherwise, the Contractor shall pay for the test and shall proceed to remove unacceptable equipment from the jobsite and to provide that specified. The Consultant decision, based on this test, will be final. LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 116163 - 4 DR MING C. The plans and specifications are based on specific equipment, accessories, processes and arrangements as indicated herein. Acceptance of the shop drawing submittal indicates only the acceptance of the manufacturer and quality and assumes that the specific requirements and arrangements are in compliance with the intent of the plans and specifications. The Contractor shall at no. additional cost to the Owner, furnish all accessories, layouts, equipment, etc., and shall perform all work necessary for proper functioning and to fit his substitute items to the intent and arrangement indicated in the specifications. D. If a substitute system is selected, any changes in architectural, electrical, or structural systems required as a result of the alternate system shall be provided by this Contractor at no additional cost to the Owner. The decision of the Consultant as to the compliance of the proposed system based on the submitted data and demonstrated system shall be final. 1.07 SHOP DRAWINGS A. Shop drawings and equipment data sheets shall be submitted to the Consultant in accordance with the requirements of these specifications. B. Acceptance of submitted equipment shall"be obtained prior to equipment purchase or fabrication. If shop drawings are rejected, correct and resubmit in the manner as specified. All shop drawing information regarding this Section shall be submitted at the same time; no partial submittals will be accepted. C. Shop drawings shall be performed at a scale of not less than 1/8" = I'-0" for plans and* 1/4" = 1" for details. Drawings and catalogs shall be marked to show the name of project, date, Consultant, Contractor and/or Manufacturer and Supplier. D. Contractor assumes the responsibility for the accuracy of all dimensions and quantities. Drawings: Submit of four sets of drawings for approval. Drawings shall indicate complete details and dimensions of all work to be performed, including all equipment types and locations, contractor -fabricated equipment and all other details required to describe work to be performed. Shop drawings may contain some of the following details: 1. Control consoles, panels, and device layouts and schematic diagrams 2. Dimmer bank layouts and schematic diagrams 3. Fabrication details of custom consoles, panels, devices and enclosures 4. Wiring diagrams of all specified systems and connections between systems 5. Riser diagrams showing conduit and wiring requirements (indicating number of conductors, type of wire, and wire installation numbers to be used in each conduit) 6. Fully dimensioned custom panel and plate details indicating complete manufacturers part numbers for all switches, knobs, meters, connectors, engraving, etc. l 7. Plugging device layouts, numbering and circuiting. Submittals with plug strip layouts not showing circuit numbers will be returned rejected. LUBBOCK CIVIC CENTER DRY24ER REPLACEMENT 11 61 63 - 5 DRYIMING 8. Details of Framed System Drawing. 9.'Details of Work Light Fixture Assembly E. Catalog Sheets: Submit four copies of catalog data sheets (8-1/2" x 11"), neatly bound j in sets with title page, space for submittal stamps, and tabbed dividers between sections. 1 Additional copies of this set of data sheets will be required with record drawings. }} _i Catalogs shall contain data sheets, in proper order, on all equipment proposed with part or model number clearly indicated. Fixture data sheets shall include photo metrics. Provide a complete list of proposed equipment with reference to its corresponding specification section/paragraph number or equipment title. Denote all. deviations from specified equipment on the list. F. The plans and specifications are based on specific equipment, accessories, processes, and arrangements as indicated herein. Acceptance of the shop drawing submittal indicates only the acceptance of the manufacturer and quality and assumes that the specific requirements and arrangements are in compliance with the intent of the plans and specifications. The Contractor shall at no additional cost to the Owner, furnish all accessories, layouts, equipment, etc., and shall perform all work necessary for proper functioning and to fit his substitute items to the intent and arrangement indicated in the P specifications. 1.08 RECORDS FOR OWNER A. Drawings: Maintain a full record set of drawings on the job to show the actual installation of the work performed. Submit four (4) sets of drawings showing'as installed' work to the Consultant for review. If 'as installed' documents are rejected, correct and resubmit in the manner specified. B. Manuals: Submit four (4) sets each of the following manuals to the Consultant for review. Manuals (8-1/2" x 11 ") are to be neatly bound and include title page -with the name of the project, date, Consultant, Contractor, Manufacturer and Supplier. The manuals are to be supplied as follows: 1. All records submitted shall contain the Contractor's name, date, and signature of the Contractor. -- 2. Operation and Instruction Manual, including: a. Table of contents. b. Brief description of the operation of each system, (descriptions shall be written such that new personnel may read the manual and be able to set-up and operate the systems.) c. Manufacturer's operation instructions for all user -operated equipment. t d. Small scale, clear laminated plari(s) showing the location and circuit numbers for all outlets. 3. Maintenance Data Manual: a. Table of contents. b. A list of all equipment supplied under this contract with manufacturer's V name, model and part number. LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 11 61 63 - 6 DIMMING c. A listing of equipment manufacturer's/supplier's addresses for all equipment 1 covered under this contract. d. All equipment warranties and guarantees including Contractor's guarantee. Explain the limits of the warranty, and whom to contact for service, including telephone numbers answered 24 hours per day so that the Owner may obtain 24-hour service when required. e. Manufacturer's owner and service manuals on all equipment under this contract. f. Accepted shop drawing catalog data sheets including fixture brochures and L Y, lamp. g. Replacement parts lists of all major items and equipment indicating specific part ordering numbers including lamp type replacements. h. All test results required under these specifications.. i. Any and all other data and/or drawings required during construction. C. Submit two copies of all document on two electronic media storage devices (CD, USB' drive, etc.) 1.09 TESTS AND OBSERVATIONS A. The complete job shall be, during and/or after construction, subject to the following tests and observations: 1. By Consultant observations and tests conducted by him or for him in his presence. Upon notice, Contractor shall furnish not to exceed two (2) persons (one to be the job foreman) and tools to assist for a reasonable amount of time to make such tests and observations as are requested by the Consultant. 2. By any Government or local authority. _ B. After completion of installation and preliminary tests by the Contractor, observation of the work shall be performed by the Consultant. The cost of periodic trips to the jobsite for final observation by the Consultant has been provided for in the Consultant's contract. The cost of any additional trips to the jobsite due to delays, omissions, or mistakes by the Contractor shall be borne by the Contractor. 1.10 GUARANTEE A. All labor and materials provided under this contract shall be guaranteed for a period of one (1) year following the date of final acceptance by the Owner. All equipment with factory warranties greater than one year shall have their warranties under the Owner's - name. All defects occurring in labor or materials within the one-year guarantee period shall be rectified by replacement or repair. B. Contractor, or entity providing warranty, within this guarantee period shall answer all - service calls within a 24-hour period and repair or replace any faulty items(s) within 48- hours after initial service call without charge to the Owner. LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 11 61 63 - 7 1 DEVIMING 1.11 PERMIT A. Obtain all permits necessary for the execution of any work pertaining to the installation, and conform in all trades with all applicable local, state, and codes/regulations and with the National Electric Code. Obtain all permits necessary for operation of any equipment by the Owner.__ PART 2 - EQUIPMENT 2.01 GENERAL A. Where acceptable, equipment items are specified by catalog number only; device shall meet all published manufacturer's specifications. Where quantities are not given, refer to drawings. Where two or more products are listed, contractor may use either at his option. Equipment shall not be substituted without specific written approval by the Consultant under the substitution paragraphs of these specifications. B. Reference to equipment by name, make, or catalog number shall be interpreted as establishing a standard of quality and shall not be construed as limiting competition. - 2.02 DIMMER BANK A. Dimmer bank assembly shall be approved by Underwriter's Laboratories, Inc., shall E be currently listed by UL and shall, when furnished and installed, bear a factory affixed UL label. B. Dimmer Rack 1. Mechanical ` a. The dimmer rack shall be a free standing dead front switchboard with sizes as indicated herein and on drawings, and shall house all specified equipment. It shall be constructed of extruded aluminum structural members and code gauge formed steel. All buss bars, lugs, and terminals shall be copper with all load lugs, power terminals, and points of connection being silver plated copper. All exterior surfaces shall be { finished in powder coat finish. b. Racks and custom auxiliary racks shall be designed to allow for adjacent side -to -side mounting. The rear section of the rack behind the dimmer modules shall be utilized as a contractor's wire way. Removable conduit panels shall be provided on both the top and bottom of the rack for contractor entry of load and power feed wiring. c. The rack shall be constructed to permit insertion and removal of dimmers and control modules without the use of tools. Self -aligning connectors shall be provided for precise alignment of the dimmers to the signal and power contacts in the rack. Dimmer supports shall be LUBBOCK CIVIC CENTER DMIMER REPLACEMENT 11 61 63 - 8 DIMMING incorporated into the sides of the rack, allowing clear access to the power, load, and neutral terminals and the wire way. Racks requiring disassembly to access the terminals and wire way or requiring the use of tools for replacement of dimmers and control modules are not equal and not acceptable. d. The rack shall contain a continuous -duty, low -noise, multi -speed fan to maintain temperatures at proper operating levels with all dimmers under full load and ambient temperatures up to 104 degrees F. Cooling air shall be drawn through the door -mounted air filter, to each individual dimmer, and exhausted through the top of the rack. Racks which pull the same air over multiple dimmer modules, thereby causing some dimmer modules to receive preheated air are not equal and not acceptable. e. The fan and fan control unit shall be contained in modular housings that are removable for cleaning and maintenance. Systems that require disassembly of sections of the dimmer rack for fan maintenance are not equal and not acceptable. f. The front of the rack shall contain a rear -illuminated indicator which shall flash when an error condition exists within the rack. This shall assist in isolating problems in multi -rack installations. Systems which do not provide for visual indication of error conditions in each rack are not equal and not acceptable. g. The rack shall have a lockable door to prevent unauthorized access to dimmer and control modules. The control modules shall provide a means for system feedback, as well as changing system settings and controlling dimmers directly. Racks that do not provide for Rack and System Status integral to the dimmer rack are not acceptable. h. Both load and neutral terminals shall accept up to a #2 gauge wire. In systems requiring separate ground wire per circuit, a separate ground buss shall be provided. i. Each rack shall have a series of interior wire guides mounted to the rack frame to provide a dedicated location in which to run load circuit wiring, out of the way of line feed and control wiring. These harnesses shall not require the use of any tools. 2. Electrical Rack a. The rack shall be designed to operate from 95-140V or 190-270V 45- 65Hz, three-phase power. Removable panels shall be provided on the sides of the rack to allow simple rack -to -rack bussing. b. The rack shall be factory -tested and control modules shall be burned in at elevated temperatures for a minimum of 24 hours. The rack shall be UL listed and shall have an interrupting capacity of 10,000 AIC. c. Each rack shall house an electronics backplane for the control wiring terminations and the control module connections. The screw terminals shall be modular and removable for easy contractor wiring outside the rack and replacement after terminations are completed. All rack configuration information shall be stored on within the rack in nonvolatile memory, so that when any new control module is plugged in, the. LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 11 61 63 - 9 DIMMING rack shall come on line with full functionality within ten seconds without requiring any programming of the new control module. Systems that require user -initiated reprogramming of replacement control modules are not equal and not acceptable. d. Each dimmer within each rack shall allow for user hardware selectable Panic operation through an external dry contact closure. When the external contact is closed, those dimmers selected as Panic dimmers will be driven to full without affecting any other dimmer control settings. Additionally, the rack shall allow operation of any dimmer in the system without a control module through the use of Panic. Those dimmers selected will be driven to full output when the control module is removed from the rack. Racks which do not incorporate specified Panic scheme are not acceptable. 3. Plug-in Dimmer Modules a. Mechanical 1.) Each plug-in module shall consist of a die cast aluminum chassis containing one or two circuit breakers, a solid-state power device, a high-speed processor and filter choke(s). b. Each plug-in module shall contain multi -color LEDs for each dimmer indicating normal operation and error conditions. c. An integral handle shall be provided for insertion and removal of the dimmer module without the use of tools. d. All connections to the rack shall be through floating power and data connectors for precise alignment of all connections. A side -mounted spring shall always provide proper alignment of the module when inserted into the rack. 4. Electrical (Dimming) a. Each dimming channel shall be capable of hot patching cold incandescent loads up to its full rated capacity. b. Each dimming channel shall operate satisfactorily on 45 - 65 Hz, 95 - 140V (120V nominal)) AC lines and in ambient air temperatures from 32-104 degrees F. _ c. Each dimming channel shall produce essentially a full sine wave when the control signal is full on and an output of zero volts when the control signal is off. When a dimmer is assigned as a non -dim, it shall pass a full sine wave unregulated, at the line input voltage. d. The line voltage regulation speed of each dimmer shall be user configurable. Line voltage regulation shall maintain output voltage to within +/- 1 Volt for line voltage changes of up to 10 Volts per second and for line frequency changes of up to 1 Hertz per second. e. The power handling features of each dimmer shall maintain proper operation of the dimmer without any interruption of operation, under the following adverse conditions: 1.) a complete dropout of line voltage for up to 10 milliseconds 2.) a line surge or sag of 25% of nominal operating voltage for at least 500 milliseconds LUBBOCK CMC CENTER DIMMER REPLACEMENT 11 61 63 - 10 DIMMING 3.) transient voltages up to 2 %Z times the nominal line voltage. 4.) dimmers that fail for any amount of time under these conditions are not equal and not acceptable. f. Dimmers shall provide the following real time feedback elements: 1.) load sensing with programmed alarms for deviations from recorded loads 2.) temperature sensing (with warning alarm and shutdown alarm) 3.) current/voltage output per dimmer 4.) current/voltage input per phase 5.) summary kilowatt-hour power usage 6.) control level input g. Dimmers shall provide the following error condition feedback: 1.) circuit breaker tripped 2.) open circuit -' 3.) over -temp warning (user selectable temperature level) 4.) over -temp shutdown 5.) wrong module type for this position 6.) panic condition from loss of control module signal 7.) change in recorded load h. Feedback data shall be available at the following locations: 1.) dimmer module LEDs 2.) control module input terminal 3.) remote personal computer 4.) Stage Lighting Control Console i. Dimmers that employ triac devices are not acceptable. 5. Electrical (module) a. The dimmer module shall be protected by one or two circuit breakers as indicated. b. The circuit breakers shall serve as load disconnects and shall have a 10,000 amp interrupting capacity. c. Each dimmer module shall contain a solid state power device with two or four SCR's in an anti -parallel configuration which are reflow soldered to nickel -plated copper lead frames which are in turn reflowed to a beryllium oxide ceramic substrate. The ceramic substrate shall be reflow-soldered to an integral nickel -plated aluminum heat sink for maximum thermal conductivity and maximum semiconductor reliability. Dimmers using separate semiconductor assemblies (such as solid state relays) attached to a heat sink and requiring heat sink grease and �. mechanical mounting hardware shall not be acceptable. Surface mounted optical isolators shall be utilized to provide a minimum of 4000 volts of electrical isolation between the power semiconductors and the control signal. The active components in the power device shall be encapsulated in a high dielectric potting compound for mechanical protection and electrical isolation. The SCR's shall have a Transient Voltage Rating of at least 600A and a single cycle surge I2t rating as follows: LUBBOCK CHIC CENTER DIMMER REPLACEMENT 11 61 63 - 11 DIMMING Single Cycle Description Transient Surge Current Rate 1.8kW 120V Dual Dimmer Module 650 1,350 2xl5A 2.4kW 120V Dual Dimmer Module 6501,350 2x20A 6.0kW 120V Dimmer Module 1200 6,000 50A 12.OkW 120V Dimmer Module 2000 20,000 100A d. Each dimmer module shall contain a high-speed microprocessor PCB that controls all of the dimming and voltage regulation functions, and processes and monitors all feedback parameters, locally within the dimmer module for its dimmer(s). For reliability, each dimmer module shall have its own optically isolated signal line for communication with the control module. In the event of any dimmer module's failure, the operation of all other modules shall remain unaffected. The local electronics shall provide each dimmer with more than 5,000 discrete level values between the zero and full output levels for the dimmer. Systems in which the control module(s) directly controls the dimming._ and regulation for all dimmers are not equal and not acceptable. e. Each 120V dimmer module shall be a recognized component of Underwriters' Laboratory for incandescent and inductive loads and shall be so labeled. 6. Environmental a. Each Dimmer Module shall include toroidal filter chokes to limit objectionable harmonics, radiated radio frequencies, electromagnetic interference on the conductors and acoustical noise in the load lamp filament. Current rise time shall be no less than as shown in the following chart, measured at 90 degrees conductive angle from 10% to 90% of the output waveform. Rise time of the dimmer shall not vary by over 10% operating at 25% to 100% of the rated load. Dimmers with rise times that vary by more than 10% between 25% and 100% of the rated load are not acceptable. Alternate proposals must include oscillographic evidence for each dimmer type in order to be considered. 1.) Power efficiency of each dimming channel shall be at least' 95% or 97% at full load depending on the rise time of the module. Maximum heat generated for each module shall be as follows: 7. Noise a. Each dimming channel shall be capable of reducing objectionable noise in fixture/lamp assemblies. This may be demonstrated by measuring Sound Pressure Levels (SPL) emitted by a fixture/lamp assembly using a Capri Lighting #R10X fixture with a Sylvania 150R40/FL, 120V lamp. Five fixture/lamp assemblies shall each be LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 11 61 63 - 12 DIMMING individually tested. The total dimmer load for each test shall be 1000W. The tests shall be performed in an anechoic chamber with an ambient noise level of 17dB or less. The receiving microphone shall be placed 6 inches from the lamp filament measured'on an axis beginning at the lamp's bottom and intersecting the lamp filament. The microphone shall not be disturbed until the testing of an assembly is complete. SPL shall be measured in 1/3 octave increments from 25 - 20,000 Hz using a noise level meter calibrated in compliance with Military Specification #45662A. SPL reading for each measurement shall be average Aweighted and shall be normalized for ambient noise. b. The averaged SPL for the sampling of assemblies tested shall be equal .. to, or less than, those below. % of Full Sound Pressure Dimmer Output Level 1016dBA 40 24 dBA 70 31 dBA 100 23 dBA c. Testing shall be performed by an approved acoustic testing laboratory. Laboratory competence may be demonstrated by the laboratory being a member of the National Voluntary Laboratory Accreditation Program. Testing shall have occurred within five (5) years prior to date of initial shop drawing submittal d. Test results shall be submitted to the Consultant upon request by the Owner or Consultant as proof of compliance with noise reduction criteria. e. Dimmers causing SPL measurements higher than those herein specified, or higher than 31 dB anywhere on the dimming curve, shall not be acceptable. (( } IM1` f. In lieu of providing the above test results as proof of noise reduction, evidence showing a dimmer rise time of 500 micro -seconds or greater will be acceptable. Description Rise Time BTU/hr 1.8kW 120V Dual Dimmer Module 500µs 400 2.4kW 120V Dual Dimmer Module 500µs 519 2.4kW 120V Dimmer Module 800µs 489 6.OkW 120V Dimmer Module 500µs 672 6.OkW 120V Dimmer Module 800µs 641 12.OkW 120V Dimmer Module 500µs 740 8. Control Modules a. Mechanical J 1.) Control module shall be a plug-in assembly consisting of a formed steel chassis, one glass epoxy printed circuit board, and j two levers for easy tool -free insertion and removal. Control LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 11 61 63 - 13 DDAMING modules shall contain LED's providing user feedback. Racks using non plug-in control modules or electronics requiring the removal of panels for servicing are not acceptable. 2.) A slot shall be provided in the rack for a second, fully redundant on-line (Backup) control module. In the event of the Main control module's failure or removal from the rack, the Backup control module shall automatically maintain proper rack operation without any noticeable change to current lighting conditions. Systems that do not provide for a fully redundant online Backup control module or require user intervention to bring the Backup control module on line are not equal and not acceptable. 3.) Each control module shall accept industry -standard DMX512 protocol. Each control module's front panel shall provide an RS232 serial port, a Control module input terminal, and a PCMCIA slot. 4.) Each system or each rack shall include a Control module input terminal which can be used as a means of programming Configuration Features. The backlit LCD Screen of this unit shall .. be on line and visible in the dimmer rack. b. Electrical 1.) The modules shall utilize completely digital electronic circuitry including high-speed microprocessors for performing dimmer level calculations and feedback communications. The control modules shall automatically accept DMX 512 protocol. All L control data inputs shall be optically isolated to 4,000V.Control modules shall have on-line and power LED's for each phase, visible from the front of the rack. The power LED's shall indicate if any phase is missing or incorrectly wired. �i 2.) Each control module will allow for back-up and library storage of the rack's configuration and back-up looks through the use of an industry standard 1MB PCMCIA Memory Card. 3.) Control module shall have at least eight 0-10 V DC optically isolated analog inputs which can be patched to one or more of the 96 dimmers in the rack. A memory transfer input shall be provided to switch between digital and analog control of these dimmers. 4.) Each Control module shall have the following userprogrammable configuration features: a.) line voltage regulation speed: fast (20ms), slow (200ms), or off (unregulated) per dimmer. b.) control response: fast (20ms) or slow (200ms), selectable per dimmer. c.) minimum and maximum level per dimmer as a percentage. d.) unregulated non -dim function per dimmer. LUBBOCK CMC CENTER DIMMER REPLACEMENT 11 61 63 - 14 DIMMING e.) IES square law (modified) or one of five userprogrammed output curves. f.) cable resistance values for each dimmer. g.) complete patch (remapping) and pile -on priority functions from multiple dimmer data sources. 5.) The Programming Features shall be accomplished by either PC -compatible software data downloaded into the Control module or by the Hand -Held Terminal connected directly to the ,i Control Module. c. Configuration can be downloaded from a PC attached to the serial port of the control module. d. The Control Module shall be able to receive, process, and distribute information both from local sources. e. The control module input terminal shall provide the ability to record, edit and play back up to 99 timed backup looks. 9. Low voltage protection shall be provided when used with low voltage incandescent, fluorescent or inductive loads. The device(s) shall mount inside the dimmer bank and shall protect 20A circuits in the rack against overheating or magnetic components resulting from a DC component generated by SCR failure in the dimmer. If a DC component is detected, the device shall short the output of the dimmer causing the circuit breaker on the dimmer to trip. The circuit breaker may be reset when the fault is cleared. 10. Provide branch breakers as required for non -dimmed work light circuits, house light branch circuits and any system control components. Pull power for work light circuits and control components from dimmer rack electrical service. C. Racks shall be designed to contain no less than specified plug-in dimmer modules. Each dimmer module position shall be mechanically keyed to accept only the dimmer module specified for that position. Auxiliary components (i.e. branch breakers), to the i 9 extent allowed by code and listing, may be mounted in full height racks designed for 24 modules or less. D. Rack Quantities: Three (3) fully populated, full size (48-module) dimmer racks with control modules PLUS one (1) upgraded CEM+ control module for existing house light }' dimmer rack. E. Acceptable Dimmer Bank: 1. Electronic Theatre Controls, Inc. Sensor AF Series 2.03 CONTROL CONSOLE (ADD/ALTERNATE) A. Provide separate pricing as an ADD/Alternate. B. Support -.The console shall support the following equipment. Equipment shall plug r directly to the console with no additional hardware or software necessary for the operation of this equipment. 1. Printer LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 11 61 63 - 15 DIMMING 2. Designer's Hand Held Remote 3. Remote Color Video Monitor 4. Network Control Devices 5. Alphanumeric Keyboard C. Provide the following accessory equipment with each console assembly: 1. Three (3) 10' and three (3) 25' cables for connection of console dimmer data to DMX devices. 2. One (1) 10' and one (1) 25' cable for connection of console hand held remote data to HHR devices. 3. One (3) 10' and one (3) 25' cable for connection of console network data to network node. 4. One (1) 10' power cable for connection of console to electrical service. 5. One (1) dust cover per console. 6. Two (2)-17" flat panel monitors. 7. Two (2) 18" LittleLite gooseneck lamps. 8. One (1) dust cover for each monitor. 9. One (1) alphanumeric keyboard. 10. One (1) hand-held remote (wireless, complete with all required hardware and software). 11. One (1) FADW 2X20 fader wing. D. Acceptable Stage Lighting Control Console: 1. Electronic Theatre Controls, Inc. Ion 2500 2. Quantity: One (1) Stage Lighting Control Console. 2.04 CONTROL WIRE , [4 A. Control wire shall be provided in quantity required. B. Provide type control wire as directed by system manufacturer(s). C. Provide all network wiring to follow CAT 5 installation guidelines and protocols as prescribed under this section. D. Quantity: As required 2.05 STAGE LIGHTING SYSTEM NETWORK A. General 1. The Stage Lighting System Network shall provide data distribution over a Ll TCP/IP Ethernet Network. Systems using proprietary formats or formats other than the complete TCP/IP stack shall not be accepted. 2. Connections shall be made between consoles, computers, hubs, and nodes over standard Ethernet distribution systems using 1 OBaseT Ethernet with the ability to utilize I OOBaseT Ethernet in the future. All installations shall conform LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 11 61 63 - 16 DIMMING to established EIA/TIA Category 5 wiring practice and installation and shall be performed by contractors qualified to do this type of work. All wiring shall be tested for full bandwidth operation to the EIA/TIA Category 5 standard. All taps shall be Category 5 certified. B. Capacities 1. The Network shall provide DMX routing and patching for at least 32,768 DMX addresses and DMX data may be output in a variety of output formats to any DMX node in the system. DMX input, routing and output shall be specifically supported on 2. The system from multiple sources and locations with up to 99 nodes. The system shall support multiple consoles, computers, file servers, printers with discrete command lines and control. 3. System configuration shall be via Windows software and permit simple point and click connection between Consoles and Nodes, Consoles and Consoles, and Consoles and File Servers. The software shall permit complete user flexibility allowing the system operator to define DMX data groups, Node Names and console names for easy identification. Each node shall have a specific user selectable IP address. Systems that do not support simple Windows operation shall not be acceptable. 4. All configuration data for each Network device shall be held at the device and system operation shall not require continuous on-line operation of the Network configuration software. 5. The following interfaces shall be provided on each network: a. Remote video operation for up to 12 simultaneous discrete screens of Video information b. Remote Hand Held Control c. Serial Data (Remote Dimmer Configuration) d. Multiple Remote Printers e. Serial f. USITT DMX512 with at least 32,768 DMX channels (64 DMX512 Universes) g. Remote Faders and Switches - 6. Operational Features a. The video monitor outputs at any video node shall be able to monitor the video output of any Network compatible console connected to the Ethernet. Each Video node shall have discrete display access to any console and any console display. b. Each Node shall control up to 2048 DMX addresses, within the confines of an up to 64 DMX (32,768 DMX addresses) universe system. The specific DMX data input or output by the Node shall be freely configurable by the user. Duplicate outputs of DMX lines (DMX splitter) and discrete outputs shall be fully supported. c. Any number of DMX lines may be configured with any length up to 512 addresses- as long as the total does not exceed 32,768. Each DMX a line may have its own label and start address for ease of use. LUBBOCK CIVIC CENTER DIlvIMER REPLACEMENT 11 61 63 -17 DIMMING d. DMX ports shall be configurable for either input or output. Multiple DMX signal routing patches and multiple facilities shall be specifically supported and limited only by the file storage capacity of the computer with system software installed. e. The Network shall support Parallel, Remote and Tracking Back up operation of compatible control consoles. y f. All Network configuration information shall be available as a system printout. 7. Administrative and Reporting Software. a. General 1.) The system shall run on a PC compatible computer, utilizing the Windows operating system. 2.) The system shall work as a native controller to specified devices on the network. 3.) The system shall provide a graphic interface representing the entire control area to the. specific zones. 4.) The system shall provide for configuration and set-up of system programming, routing of control signal, and general operations including event creation and playback. 8. Configuration a. Configuration shall be obtained through the Windows program interface. b. Graphic support shall include the ability to import from AutoCAD drawing files. Labels shall be able to be added to the imported graphics. c. The system shall have no fewer than 99 user programmable presets. d. Levels of operational control shall be maintained through a password system. - e. All files necessary for the proper functioning of a programmed system shall be able to be backed up utilizing standard Windows PC back-up techniques. f. The computer shall be able to have a hot backup in the event the primary computer ceases to function. g. Devices on the network shall locally store all information necessary to LJ their proper functioning and not depend on the operation of the computer. h. The system shall have the ability to be accessed and controlled by a laptop properly configured with the program accessing building intranet taps not directly on the lighting network branches. The control shall be able to traverse intranet routing switches. The software shall be full TCP/IP stack compliant. i. The software shall have the ability to configure all supported DMX �. i channels of the specified network devices. j. Presets for DMX assignments shall be fully supported. k. Individual devices shall be accessible for manual or programmed operation. 1. Individual DMX channels shall be accessible for manual programmed operation. LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 11 61 63 - 18 DIMMING m. Specified network device functions shall be accessible for inclusion in a Preset. n. Presets shall be able to be created, edited, and saved for single or groups of DMX channels or device functions. o. A priority hierarchy shall be programmable for system events and DMX control. 9. Reporting _ a. The system shall have the capability of displaying dimmer and other device status messages. User selectable warnings, alarms, and notices shall be selectable for each type of status message. _ b. Polling parameters for the reporting feature shall be individually selectable. c. Failure or other repeating warnings shall be able to be disarmed temporarily for a maintenance mode. d. The time of the disable shall be settable at the time the warning is disabled. e. The warning disable shall be on an individual error basis, and shall not globally disable all instances of the warning type. f. The ability to reestablish the warning shall be a manual function or a programmable function that can be added to a system Preset. g. A log file shall be kept for all reporting functions. h. Reporting functions shall be individually selectable as being included in the log file. i. The log file shall have a logical format. j. The file shall have the ability to be sorted by user defined parameters, or the file shall be able to be exported to a spreadsheet or database program for other processing. 10. Quantity: As required 2.06 CONTROL RECEPTACLE PANEL (CRP) A. Lighting peripheral control interface device. Provide for Stage Lighting System Network Ethernet -based control interface with the functions per types listed. B. Type 1 CRP 1. Device shall be an intelligent, rack mountable Ethernet node providing lighting services remote from the console when used with manufacturer's software. 2. Connections shall be made between nodes consistent with that in the Stage Lighting System Network. 3. Each device shall be equipped with power and network OK LEDs, twin 100mm faders and four select keys with LEDs. �_r 4. Device shall incorporate a universal 100-120V / 220-240V power supply. It shall be designed and manufactured by a company operating a quality system approved to ISO9001. It shall be UL & cUL listed. 5. Configuration of the Node is stored in nonvolatile memory equal to Static _ 9 RAM or EEPROM. LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 11 61 63 - 19 DIMMING 6. The video monitor outputs shall be able to monitor the video output of any compatible lighting console connected to the Stage Lighting System Network. 7. The Node shall control up to 2048 DMX channels, within the confines of an t up to 64 DMX universes. The specific DMX channels input or output by the Node shall be freely configurable by the user. 8. The DMX ports shall be configurable for either input or output. 9. The Node shall be remotely configured by an IBM PC compatible computer, via the network system wiring, or locally using the disk drive, a keypad, a video monitor and Network software (supplied with console software package). _s 10. The following interfaces shall be provided on each Type 2 Network Node: a. VGA Output 1 b. VGA Output 2 _ c. Keyboard (Mini DIN) d. Remote Handheld Control e. Serial (Remote Dimmer Supervisor) f Serial (Printer) g. Serial (Spare) h. Universal DMX512 Dimmer UO 1 i. Universal DMX512 Dimmer I/O 2 j. Remote Faders and Switches k. MIDI Input- 1. MIDI Through m. MIDI Output n. Mains Power Input o. Ethernet 1OBaseT 11. Quantity: As required. C. Type 2 CRP The CRP shall be a microprocessor -based unit specifically designed to provide DMX- 512 control of lighting. The CRP shall permit DMX-512 data to be encoded, routed over an Ethernet network and decoded back to DMX-512. The unit shall be a Net3 DMX 1- port CRP as provided by ETC, Inc. 1. CRPs shall communicate over Ethernet directly with all entertainment and I architectural lighting control -products and other Ethernet interfaces. 2. Connections shall be made between CRPs, consoles, architectural systems, and PCs over standard Ethernet distribution systems using 10/100BaseT. 3. The CRP shall support multiple protocols including, but not limited to: a. ANSI E1.31 Streaming ACN (sACN) b. ANSI El.11 USITT DMX512-A 4. The CRP shall be tested to UL standards and labeled ETL Listed. - 5. The CRP shall be RoHS Compliant (lead-free). LJ 6. The CRP shall be CE compliant. 7. The CRP shall be configurable using Network Configuration software. 8. Each CRP shall have power and network activity LEDs LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 11 61 63 - 20 DIMMING 9. DMX Port shall comply with the requirements of ANSI E1.11 USITT DMX512-A standards. 10. The DMX port shall be software -configurable for either input or output functionality. 11. DMX input shall be optically -isolated from the CRP electronics. 12. DMX output shall be earth -ground referenced. 13. DMX Port shall be capable of withstanding fault voltages of up to 250vAC without damage. 14. Each port shall incorporate one DMX512-A Connection 15. Network CRPs that do not indicate input/ output port configuration or presence of valid data shall not be accepted 16. Maximum delay time from input to output shall not be greater than one packet time (approximately 22 mSec.). . 17. A minimum DMX update rate of 40Hz shall be sustained under all conditions unless specifically configured for a slower rate for the sake of compatibility with 3rd party DMX devices. ." 18. Power for the CRP shall be provided either over the Category 5 (or better) cable, utilizing IEEE 802,3af compliant Power over Ethernet distribution ` equipment. Power consumption shall not be greater than 5 watts. 19. The CRP. electronics shall be electrically isolated from the power supplied over the Catagory5 (or better) cable. 20. Power may be provided from any IEEE 802.3af compliant power -over Ethernet distribution equipment, or by using conventional switches together with isolated in -line power supplies as provided by CRP manufacturer. 21.One hanging bracket kit that allows CRP to be mounted using C-Clamp or Ubolt Hardware will be included with each CRP. 22. Network Configuration software I 23. Provide the quantity and type of CRPs required for system and as scheduled. 24. Provide Ethernet switches and power supplies as required for system. 25. Quantity: a. As required for system and as shown on drawings. PART 3- EXECUTION 3.01 GENERAL A. Install all items of the stage lighting and dimming system where indicated and completely connect, wire, and make operative as specified. B. Isolate cables carrying signals at different levels to restrict control interference. Separate wiring into conduits for low-level analog and digital control, power circuits up to 50 amps each, and feeder services to dimmer banks. Exercise care in wiring to avoid damage to cables and equipment. LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 1161163 - 21 DR MING C. Make all digital control circuits, wiring, and connections with shielded cable and connectors. Terminate shields properly to prevent and guard against electromagnetic and electrostatic noise. D. Equipment racks and portable equipment to be wired in a neat manner with care taken to provide'for future serviceability and expansion. E. Letters on pushbutton switches shall be engraved and filled with contrasting paint (on translucent lenses) or neatly arranged stick -on letters with a protective coating (under rt clear lenses). F. All unused wire shall be terminated in an approved manner at junction box terminal strip for future expansion. G. All circuits, which are disconnected during the construction period, shall be reconnected to insure that all equipment is in proper working order at end of construction period. H. Protect all portable cables (Type SO cables) from kinks, abrasion and binding. Support both ends of portable cables with strain relief devices as specified herein. Make top connection of cable then allow the cable to hang free for a minimum of four days prior to bottom connection or rigging to prevent cable twisting. 3.02 MANUFACTURER'S RESPONSIBILITY IJ A. An authorized representative of the manufacturer of the stage lighting and dimming system equipment shall be required to visit the project during construction and after completion to check installation of each system of stage and house lighting dimming -g equipment. B. Systems will not be turned on or rendered active in any way until approved by representative of manufacturer who shall be present when systems are activated. C. Stage lighting and dimming system manufacturer shall have and maintain an established factory authorized service center within 300 miles of the installation site. 3.03 INSTRUCTION OF OWNER PERSONNEL A. Contractor or manufacturer's representative, fully knowledgeable and qualified in Stage Lighting and Dimming Systems operation, shall provide a total of six hours of instruction to Owner designated personnel on the use and operation of these Systems. Training times may not be continuous, however, manufacturer shall not be required to conduct more than two separate training sessions. Instruction times shall be arranged through the Owner. - B. The same Contractor's representative shall be present at the first formal use of the Stage Lighting and Dimming System to further instruct Owner personnel in System operation. LUBBOCK CIVIC CENTER DIMMER REPLACEMENT 11 61 63 - 22 - DIMMING C. Confirmation of completed instruction must be obtained in writing from appropriate ' Owner's Representative, with copies provided to the Architect and Theatre Consultant. 3.04 ACCEPTANCE BY OWNER A. Contractor will request acceptance testing by the Consultant when the system is substantially complete. B. Acceptance testing will include operation of each major system and all other components deemed necessary. Contractor will the assist as necessary in this testing, and will provide test equipment as required. C. In the event the need for further adjustment or work becomes evident during equalization and/or acceptance testing, the Contractor will continue his work until system is acceptable at no addition to the contract price. If approval is delayed because ' of defective equipment or failure of equipment or installation to meet the requirements _i of these specifications, the Contractor will pay for any additional time and expenses of the Consultant during any extension of the acceptance testing period. 3.05 CLEANING OF THE SITE A. Remove from the site all rubbish, trash, discarded packing materials, cartons, and other debris caused by daily operations. Upon completion of work, the entire area of work by this Contractor shall be left in broom clean condition. END OF SECTION THIS PAGE LEFT INTENTIONALLY BLANK TL 001_ DIMMER RACK No Text