The URL can be used to link to this page

Home My WebLink AboutResolution - 6257 - Contract - Stagelight Inc - LABH Lighting Phase II - 04_08_1999Resolution No. 6257 Item No. 33 April 8, 1999 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for Lubbock Auditorium and Banquet Hall Lighting -Phase II, by and between the City of Lubbock and Stagelight, Inc. of Houston, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of April , 19 99, 2Z— jWIND4YS1TN, MAYOR ATTEST: /6o�' U, Kayt ie Darnell, City Secretary APPROVED AS TO CONTENT: V ` jy7l fi� Victor Kilman, turchasing Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney gs:ecdocs/Stagelight, Inc.res March 29, 1999 n 1 �es��vzs'7 CITY OF LUBBOCK SPECIFICATIONS FOR LUBBOCK AUDITORIUM AND BANQUET HALL LIGHTING - PHASE II BID #99041 rr� (fLLvl/J.t__ji I�TJ CITY OF LUBBOCK Lubbock, Texas 1 J 'J 1 P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 ITB #99041, Addendum #2 Office of Purchasing ADDENDUM #2 ITB #99041 LUBBOCK AUDITORIUM AND BANQUET HALL LIGHTING — PHASE II MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE March 3, 1999 March 9, 1999 @ 2:00 P.M. March 16, 1999 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The closing date has been changed from Tuesday, March 9, 1999 at 2:00 P.M. to the new closing date of Tuesday, March 16, 1999 0 2:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to or Email to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 RShuffield@mail.ci.lubbock.tx.us z YOU, Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID IITB 99041 ad2.doc ITB #99041, Addendum #1 1� P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 1 Office of Purchasing ADDENDUM #9 ITB #99041 LUBBOCK AUDITORIUM AND BANQUET HALL LIGHTING — PHASE II MAILED TO VENDOR: March 2, 1999 CLOSE DATE: March 9, 1999 @ 2:00 P.M. U The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please find enclosed the Events Schedule for the Banquet Hall and the items from Fanning & Fanning & Associates which comprise this addendum. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer -City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 IQuestions may be faxed to : (806) 775-2164 or Email to: RShuffield@mail.ci.lubbock.tx.us TH K YOU r Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID IITB 99041adl.doc Lubbock Auditorium and Banquet Hall Lighting — Fhase 111 Addendum No. 1 Fanning, Fanning, cot Associates Consulting Engineers Lubbock, Texas March 3, 1999 Note: This Addendum forms a part of the Contract Documents and modifies the original Bidding Documents. Acknowledge receipt of this Addendum in the space provided on the Bid Form. 1. Specifications page 16405-1, paragraph 1.01(A): Delete the last two sentences in this paragraph concerning the mandatory pro -bid conference. 2. Specifications page 16410-1, paragraph 1..01(A): Delete the last two sentences in this paragraph concerning the mandatory pre -bid conference. 3. Specifications page 16410-12, paragraph 2.12, add the following: "E. The motors and controls necessary to raise and lower the truss are existing and shall be used for this 1 purpose." 4. Specifications page 16410-12, paragraph 2.13, add the following: "D. The truss cables will plug into the receptacles in the ceiling outlet box, and will be unplugged before lowering the truss. The cables are not required to have the length to reach the floor while plugged -in." 5. Specifications, page 16405-1, paragraph 1.02, add the fallowing: "P. All new and renumbered circuits shall have new labels. These shall be engraved or lamacoid labels using 1" black letters on yellow background." 6. Drawings, Sheet E6, Banquet Hall Electrical Diagram, add the following note: "The existing Lutron dimming and control system components that are removed shall be delivered to the owner's designated storage area." 7. Drawings, Sheet E6, Video Camera Diagram, add the following note: "The monitor shall be mounted on an adjustable arm attached to a wall bracket at the location directed by the owner. Provide with a lock to lock the monitor to the arm. " 8. Drawings, Sheet E5, Lighting Plan, add the following note: "The twelve Source Four Per fixtures to be installed on the ceiling shall be furnished with 3-wire cord and twistlock plug. Install at each location, a 20 amp grounded twisdoek receptacle in a box with plate flush in ceiling,"' 9. Drawings, Sheet ES, General Nates, add the following note: "D, F,3dsting circuits that are connected to the existing dirnmerboard DR can be assumed to have separate individual neutrals. The contractor shall verify that the existing circuits connected to Panel LAA have separate neutrals for each circuit. If not present, the contractor shall install them. All new circuits shall individual neutrals." 10. Drawings, Sheet E2, add the following to the note conceraing the color monitor: "The mounting arm shall be furnished with a lock to lock the monitor to the arm." 10. Drawings, Sheet E2, add the following to note 1: " The existing receptacles in the floor pockets shall be replaced with new twisdock receptacles as specified. Provide new mounting plates as required for the receptacles." 1 1-1 L �r... • .:i:_ �, ,...� ^•`••'..�r•-r '�: w • t �'...•.- » . mot. _ ,, "� _n• "•'M `• �, .. ��"r.•• '.. 1t. •`Y , _ _ . •. ii' a � •� _s r .}'• - •.{j'.a, '••1-iS'«..' r ~+ •� ' 're..J.. , �•t•i-. •�.� .•inrr �,. r 'w.f yam. ..{�^T" •^ •^ ' �• •`• `. y . ` A . �• F .. .. .. • Y r� ` it t .L.•, '`S! T i�S� St.r . ' M � M � L'._t 6 b %L &—A hL 4 A k &� iL Event Bookings By Space Mar 3, 1999 -Jul 31, 1999 312199 FULL BANQUET HALL For Statue description In Start EndBooked — Out Status 03f04199 03/04199 CONT LISD Executive Leadership Forum 03/04/99 03/04199 03/04/99 03/04199 CONT 03/D6199 03106199 CONT Shepherd Ministries 03105/99 03105199 03106/99 03/06/99 CONT 03/07199 03107199 CONT Lubbock Youth Symphony 8 Banquet 03/07/99 03/07/99 03/07/99 03/07/99 CONT 03110199 03110/99 CONT Southwest Farm press 03109199 03/09/99 03111199 03/11/99 CONT 0 3/11 /99 03/11199 CONT 03/09/99 03109/99 03/11f99 03/11/99 CONT 03/12M 03112/99 CONT South Plains Coin Club 03/12199 03112199 03/14/99 03114/99 CONT 03113199 03114/99 CONT 03/12199 03112/99 03/14199 03/14199 CONT 03/17/99 03/19/99 CONT West Texas Judges 8 Commissioners 03/17199 03117/99 03119G9 03119199 CONT 03/26/99 03/26199 CONT 30th Anniversary Gala 03/26199 03/26/99 03/26199 03/26199 CONT 03/27/99 03/27/99 DEFIN Police Lieutenant Exams 03/27/99 03127/99 03127/99 03/27/99 DEFIN 04112199 04112199 TENT Lady Raider Banquet 04/12199 04112199 04112199 04119/99 TENT 04/13M 04/13199 CONT Parkridge Pregnancy Center 04/13/99 04113199 04113199 04/13199 CONT 04/14199 04/14199 TENT Lady Raider Banquet 04/12199 04/12/99 04/12/99 04/19199 TENT 04115/99 04/16/99 CONT 21stAnnual Conference on Sub. 8 Add. St 04/15199 04115199 04/16/99 04116/99 CONT 04117/99 04117199 CONT Student Athlete Academic Awards Banquet 04/17199 04117199 D4/17/99 04117/99 CONT 04M9199 04119/99 TENT lady Raider Banquet 04112/99 04/12199 04112M 04/19199 TENT 04122/99 04/23199 CONT Texas Society of Respiratory Care 04/21/99 04/21/99 04/23M 04/23/99 CONT 04126/99 04/26/99 CONT Shallowater Boosters Awards Banquet 04/26199 04/26/99 04/26/99 04/26/99 CONT 04f29199 04129199 CONT Triangle Companies Seminar 04129M 04/29199 04/29199 04/29199 CONT 04130/99 04130199 HOLD2 Coalition for Literacy 04/30/99 04/30/99 04/30/99 04/30199 HOLD2 05101/99 05/01/99 CONT Monterey Prom 051D1199 05/01/99 asv/99 05/01/99 CONT 05102199 05102/99 CONT Highland Hospital 05/02199 05/02199 05/02199 05102/99 CONT 05/08199 05105/99 TENT Leadership LUbbock 05/08199 05/08/99 05/08/99 05108/99 TENT 05113/99 05113/99 CONT Business Expo 05/12199 05112199 05/13/99 05113/99 CONT 05129/99 05/29/99 CONT Moreno Wedding 05129199 05129199 05/29199 05129199 CONT 05/30199 05130199 CONT Diocese of Lubbock 05130M 05130199 D5130/99 05/30/99 CONT 06/05/99 06105199 TENT Jessica Ramos 06/05/99 06/05199 06105199 06105/99 TENT 06126M 06126/99 TENT Santos Martinez 4uinceanera 06/26199 06/26/99 06126/99 06126/99 TENT 07/03/99 07103199 TENT Khanderia, Priya 07/03199 07103/99 07/03199 07/03199 TENT 07108199 07110/99 CONT TX Assn for Family Child Care 07f08/99 07i08/99 07110/99 07/10199 CONT 07/11199 07/14199 CONT Early Childhood Summer Institute 07111199 07/11/99 07114/99 07M4/99 CONT 07/22199 07122/99 CONT Friends of the NRA 07/22199 07122/99 07/22199 07122/99 CONT 07/24199 07/24199 HOLD2 Gina Limon 07/24199 07124199 07124199 07/24/99 HOLD2 a5110 rage 1 of 2 FULL. BANQUET HALL Booked For Status 07/31199 07131/99 CONT Event Bookings By Space Mar 3, 1999 - Jul 31, 1999 Description Diedrich Harms Wedding In Start 07/31199 07131/99 3/M9 End Out Status 07131/99 07/31199 CONT b3110 Page 2 of 2 3/2199 Event Bookings By Space Mar 3, 1999 - Jul 31, 1999 213 Banquet Hall Booked For Status Description In Start End Out Status 03109/99 03/09/99 CONT Lions Club 03102199 03102199 03/02/99 03/30/99 CONT 03116/99 03/16199 CONT 03102199 03102/99 03102199 03130/99 CONT 03/23/99 03123199 CONT 03/02199 03/02199 03/02/99 03/30/99 CONT 03/24/99 03/24199 CONT Microsoft's Big Day 03124199 03/24/99 03124/99 03/24/99 CONT 03125/99 03125199 CONT Lubbock Telco Federal Credit Union 03/25199 03/25199 03/25199 03/25199 CONT 03130199 03130199 CONT Lions Club 03/02199 03102/99 03102199 03130/99 CONT D4120199 04120199 CONT 04120/99 04120/99 04/20199 04127/99 CONT 04124/99 04124/99 CONT SP Lions Fish Fry 04/24/99 04124/99 04/24/99 04124/99 CONT 04127/99 04127199 CONT Lions Club 04/20/99 04/20/99 04/20199 04127199 CONT 05/04199 05/04199 CONT 051D4199 05/04199 05125199 05/25/99 CONT 05107/99 05107199 CONT 91h Grade Banquet 051D7199 05107199 05107199 05/07199 CONT 05111/99 05/11199 CONT Lions Club 051D4199 05/04199 05126/99 05/25/99 CONT 05/15/99 05/15/99 CONT ROTC Banquet 05115/99 05115199 05115199 05/15199 CONT 05/18/99 06118199 CONT Lions Club 05/04199 05/04199 05/25/99 05125199 CONT 05122199 05/22199 CONT Sports Banquet 05122/99 05122199 05122199 05/22199 CONT 05/25M D5126199 CONT Lions Club 05104/99 05104199 05125199 05125199 CONT 05126199 D5127199 CONT Preparedness 2000 0512 M 05/26/99 05/27199 05/27/99 CONT 06101/99 06/01199 CONT Lions Club 06/01/99 06101/99 06/22/99 06122/99 CONT 06/08/99 05108199 CONT 06101/99 06101/99 06/22199 06/22/99 CONT 06119/99 08/19199 TENT Esmeralda Gonzales 06119/99 06119/99 06/19199 06119199 TENT 07/06/99 07/06199 CONT Lions Club 07106199 07106/99 07127199 07127/99 CONT 07/20199 07120/99 CONT 071D6/99 07/06199 07127199 07127/99 CONT 07124M 07/24199 TENT Esther Romos 07/24/99 07124/99 07/24/99 07/24/99 TENT 07127/99 07/27/99 CONT Lions Club D71D6/99 07106/99 07127/99 07127199 CONT b91 I D Page 1 of 1 Event Bookings By Space Mar 3, 1999 - Jul 31. 1999 113 Banquet Hall Booked For Status Description 03/23199 03123/99 CONT City of Lubbock -Environmental Inspeciio 04/21/99 04/23199 CONT Texas Society of Respiratory Care 06103199 06103199 CONT Blue Cross Blue Shield 06/07/99 06/08/99 TENT City of Lubbock - Internal Safety 06/10/99 U6111199 CONT Texas Public Works 06/22/99 D6124199 HOLD3 City of Lubbock - Police Department 06124/99 05124/99 TENT 06/25/99 O6/25/99 COOT TX Municipal Leage Meeting 3/2199 In Start End Out Status 03/23/99 03/23199 03/23/99 03/23199 CONT 04121M 04121/99 04/23/99 04/23199 CONT 06/02199 06/02199 06/03/99 06103199 CONT 06107199 06/07199 06/08/99 06/08/99 TENT W08199 06108/99 06111/99 06111/99 CONT 06/22199 06/22/99 06/24/99 06/24199 TENT 06/22199 06122199 06/24/99 06/24/99 TENT 06/25/99 06/25199 06/25/99 06125/99 CONT Gsl10 Page 1 of 1 i� CITY OF LUBBOCK INVITATION TO BID FOR TITLE: LUBBOCK AUDITORIUM AND BANQUET HALL LIGHTING - PHASE II ADDRESS: LUBBOCK, TEXAS BID NUMBER: 99041 I i PROJECT NUMBER: 9332.9211 ' CONTRACT PREPARED BY: PURCHASING DEPARTMENT r. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS W W ul a a m O w U H O Z 1 NOTICE TO BIDDERS BID #99041 IIrr Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 162513th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock mm. on the 9th day of March. 1999, 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: "LUBBOCK AUDITORIUM AND BANQUET HALL LIGHTING - PHASE II" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written_ The City of Lubbock will consider the bids on the 25th day of March, 1999, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or su erior. 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 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre -bid conference on 25th day of February, at 10:00 o'clock a.m., in the Purchasing Conference Room - L04, Lubbock, Texas Pi Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann, Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILM N PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 162513th Street, Room L-04, Lubbock, Texas 79401; Telephone (806) 775-21671Fax (806) 775-2164. 1 GENERAL. INSTRUCTIONS TO BIDDERS n C G GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the LUBBOCK AUDITORIUM AND BANQUET HALL LIGHTING - PHASE 11. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. 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. 3. 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 of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806) 775-2164 1 5. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 120 (ONE HUNDRED AND TWENTY) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 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 insure completion of the project within the time specified. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. I L� 7 8. i• 10. 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. 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. GUARANTEES 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). 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 the year 2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 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. 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. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 2 u 1 11. 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. 12. TEXAS STATE SALES TAX 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. 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. 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractors 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. 14. 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. 15. EXPLOSIVES 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 1 corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. 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 3 i 16 17. 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. 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. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) 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 coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents Including workers compensation coverage for each subcontractor. 18. LABOR AND WORKING HOURS 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 which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (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. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 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. 4 I 1 19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on w whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 20. PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 21. PREPARATION FOR BID The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 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. Each bird 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: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 22. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 23, 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 in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to cant' out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. �_ m m BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: Lubbock Auditorium and Civic Center DATE: 3/ 1 5/ 9 9 PROJECT NUMBER: #99041 - LUBBOCK AUDITORIUM AND BANQUET HALL_ LIGHTING - PHASE IS Bid of StageLight, Inc, (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: l The Bidder, in compliance with your invitation for bids for the construction of a Lubbock Auditorium and Banquet Hall Lighting System —Phase II having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. MATERIALS: ($ SERVICES; ($ � = TOTALBID:Twa hundred seventy four thousand three hundrl$ 274,365.0O } and sixty rive c ars (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED AND TWENTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. ew The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ or a Bid Bond In the sum of S2 nf the amount bid inDollars ($ 5% GAB ),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) 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 and an in j e all contract documents made available to him for his inspection in accordance with the Notice to Bi Au orized Signature Steven Siegmund (Printed or Typed Name) StageLight, Inc, Company Richton Address Houston Harris City, County Texas , 77098 State , Zip Code Telephone: 7 13 - 942-0555 Fax: 713 - 942-055.6 (Seal if Bidder is a Corporation) r ATTEST Se at`ary Bidder acknowledges receipt of the following addenda: Addenda No. 1 Date 3 / -3 / 9 9 Addenda No. 2_ Date 3 / 3 19,9_ Addenda No. Date Addenda No. Date ddelp- •_ -dak� LIST OF SUBCONTRACTORS Minority Owned Yes No Row -Wall Electric Inc. ❑ ❑ ❑ ❑ ❑ ❑ ❑ 3 t t e CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. GEC-��G J Steven Siegmund Contractor (Signature) Contractor Print CONTRACTOR'S NAME: ' (Pnnt or Typ6 ) CONTRACTOR'S ADDRESS: -9•g10 Richton. unuston Texas2209n Name of Agent/Broker: PRISM inc- Address of Agent/Broker: PO Box 1777 City/State/Zip: Greenville, South Carolina 296p2 Agent/Broker Telephone Number: ( 864 ) 801-0460 Date: 3/15/99 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #99041 - LUBBOCK AUDITORIUM AND BANQUET HALL LIGHTING - PHASE 11 NATIONAL AMERICAN INSURANCE COMPANY BID BOND KNOW ALL MEN BY THESE PRESENTS, that we STAGELIGHT, INC., 2310 RICHTON, HOUSTON, TX 77098 as Principal, hereinafter called the Principal, and National American Insurance Company, P. O. Drawer 9, Chandler, Oklahoma 74834, a corporation duly organized under the laws of the State of Nebraska as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK, TEXAS as Obligee, hereinafter called the Obligee, in the sum of ---FIVE PER CENT OF THE GREATEST AMOUNT BID--- Dollars ($ 5% GAB), 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 PHASE II LIGHTING FOR AUDITORIUM NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 1 6TH day of MARCH, 1999. --�`'-� STAGELIGHT, INC. C (Principal) (Seal) -71 (Witness) (Tide) NATIONAL AMERICAN INSURANCE COMPANY 7 () J 11 M. DoI ., orn - ct AIA DOCUMENT A310 BM BOND AIA-FEBRUARY 1970 ED M:%W860UHATLBm NATIONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY OMAHA, NEBRASKA PRINCIPAL 3taglight, Inc. EFFECTIVE DATE 3-16-99 2310 Richton, Houston, T% 77098 (STREET ADDRESSI (CITyf (STATE) OPCODE� CONTRACTAMOUNT n/a AMOUNTOF BOND$ 5% GAB POWER NO. C13 026306 KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the State of Nebraska, having its principal office in the city of Chandler. Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make. execute and deliver a Power of Attorney constituting a< Attornev-in-Fact, such persons, firms, or corporations as may he selected from time to time. Be It Further Resolved, that the signature of any officer F nd the Seal of the Company may he affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect io any bond or undertaking to which it is attached." National American Insurance Company doss hereby make, constitute and appoint JUDY M. DOLD, J. F. SPENCE, OR DARLENE QUINN __ State of TEXAS ' its true and lawful attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by theduly authorized officer of the National American Insurance Company, and all the acts of said Atiorncy(s) pursuant to the authority herein given, are hereby ratified and confirmed, IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. NATIONAL AMERICAN INSURANCE COMPANY p`G'N rNSV9q �W �aFeoa�� 't•� ' I� l�.L�� eL1./// z SEAL i ; A'. Brent t.aCkre, Chairman & Chirf Executive Officer G �7�t11. ; Yeti O MAH' '�'FaR■ST`' STATE OF OKLAHOMA) SS. COUNTY OF LINCOLN ) On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma, that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said cor- poration, that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. C;1 OT AR e�y P2SLIC Notary Public XG OFF STATE OF My Commission Expires August 31, 1999 !'O'*L4HO�F yoOLN co,p STATE OF OKLAHOMA) SS: COUNTY OF LINCOLN ) 1, the undersigned, Assistant Secretary of the National American insurance Company, a Nebraska Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEW' remains in full force. Signed and Sealed at the City of Chandler. Dated the 16t1vay of Larch , 19 99 J/n IV 'Ok/ le 0,1� -dole!/ Winifred F.. \Mendenhall, ArsWsm 5ecrelar, IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P O BOX 149104 AUSTIN, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE IS FOR YOUR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. PAYMENT BOND BOND CHECK � BEST RATING CICENS I T AS t DAT Y 4 1 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that Stagelight, Inc. (hereinafter called the Principal(s) as Principal(s) and National American 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 Two hundred seventy-four thousand three hundred sixty-five and no/100 Dollars ($274,365.00) 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 contract with the Obligee, dated the 8' day of A ril, 1999, for Bid #99041 - Lubbock Auditorium and Banquet Hall Lighting - Phase II 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 copies at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATIN IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontract 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 provision 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 191 day of April 1999. National American Insurance Company Stagelight, inc. Surety Principal *By: (Ite&l /)g r !'L By: dy M. ald , ,� (Tit )i r A By: Title By: (Title) By: (Title) 1 17 The undersigned surety company represents that is duly qualified to do business in Texas, and hereby designates*The Inwest Group an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matter arising out of such suretyship. *Howard Cowan National American Insurance Company *By: dy M.' old, Attorney -in -fact Approved as to Form City of Lubbock by: Glc_ �'►-� City Attorney *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. I 1 z 1 1 NATIONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY OMAHA, NEBRASKA PRINCIPAL S�- EFFECTIVE DATE �/19/t99 -- 2310 4+;lhW(5TK, Win, TX 71098 R€€7A t_55) (CITY) t5T TE) fZFRCOREi CONTRACT AMOUNT $2-74, 365.00 AMOUNT OF BOND $. 274,365.00 POWER NO. CB 026330 KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the State of Nebraska, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the Bth day of Jul,, 1117, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time. Belt Further Resolved, that the signature of any officer F nd the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seat shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." National American Insurance Company dots hereby make, constitute and appoint JOY M. DOLD s J . F. SPENCE, JR. , OR ➢ARLENE QUINN _ State of TEXAS its true and lawful attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the Natianal American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. NATIONAL AMERICAN INSURANCE COMPANY AN INS N4u g9Y Z&Z"/ oP �r�, p to lG x SEAT, ; W. Brent L*Gere. Chairman & Chief Executive Officer r�� e MAN' �'ERpASK �' STATE OF OKLAHOMA) SS: COUNTY OF LINCOLN ) On this Bth day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides In the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said cor- poration; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. NQ A Atr, Odd' p TA ,Fq Puauc STATE OFp Notary Public My Commission Expires August 31. 1999 o `M�otK c��a STATE OF OKLAHOMA) SS: COUNTY OF LINCOLN ) I, the undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the 19th day of April , 1999 nz'�, Winifrrd E. fNendenhall. Assistant Serrrtrry IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P O BOX 149104 AUSTIN, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE IS FOR YOUR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. MAWPOMNOPCE I I E I Lo I C I L I 10 c c c c c 0 PERFORMANCE BOND BOND CHECK �- BEST RATING LICENS I AS Ol►Tr 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 Stagelight, Inc. (hereinafter called the Principal(s), as Principal(s), and National American Insurance Compa L(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 Two hundred seventy-four thousand three hundred sixty-five and no/100 Dollars ($274,365.00) 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 8t' day cf April, 1999, for Bid #99041 - Lubbock Auditorium and Banquet Hall Lighting - Phase II 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 191 day of April, 1999. National American Insurance Company Surety CPdyM. Id � k�k _ Stagelight, Inc. Principal By: (T' e e-51 %V t By: (Title) By: (Title) By: (Title) I The undersigned surety company represents that is duly qualified to do business in Texas, and hdreby designates the Inwest Group an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matter arising out of such suretyship. Howard Cowan Approved as to Form City of Lubbock City Attorney National American Insurance Company *ByQItt&I,-�� JuOy M. D64d, Attorney -in -fact *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 C FM I I I I I I I I I I I I I I FA I CERTIFICATE OF INSURANCE I. zJ 11 Il CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 - _ - — - -9--- — ... .. •y,�_ �..r ,. i,�,"' ,:..ram + vie` CERTIFICATE OF INSURANCE DATE: 04/23/99 TYPE OF PROJECT: Lighting Installation StageLight, Inc. THIS IS TO CERTIFY THAT P.O. Box 980172, Houston, TX 77098 (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER I F FFEC IVE I EFFECTIVE I LIMITS DAT �. GENERAL LIABILITY t$ Commercial General Liabllily 29C0000031-03 03/09/99 03/09/00 General Aggregate 3 2,000,000 fit n Claims Made Prod ucts-ComplOp AGG 5__ 1,000,00k 2 Occurrence Personal 8 Adam. Injury $ 0 n Owner's & Contractors ProtecGv, Each Occurrence 5 , 000 'I Fire Damage (Anyone Hro) 50,000 Med Exp (Any one Person) 5,000 a 5 AUTOMOTIVE LIABILITY R Any Auto 29CO000031-03 03/09/99 03/09/00 Comtsined Single Limit $1 000 000 n All Owned Autos Bodily Injury (Per Parson) 5 1'J Scheduled Autos Bodily Injury (Per Accident) 5 III Hired Autos Property Damage S M Non -Owned AUlos c7 GARAGE LIABILITY ' n Any Auto Auto Only - Each Accident S ❑ Other than Auto Only: Each Acddent $ Aggregate S #i J BUILDER'S RISK i I 100% of the Total Contract Pdcc S_ 1_ 0 INSTALLATION FLOATER s� EXCESS LIABILITY 9 Umbrella Form 29U0000010-03 03/09/99 03/09/00 Each Occurrence S 1,000,000 Aggregate S 1 , nnn, nnn O Other Than Umbrella Form 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ n Included statutory umlts PartnerslExeculdve n Excluded Each Accident S Officers are_ Disease Policy Ltmlt S DIsease-Each Employee $ OTHER - The City of Lubbock is fforded Additnal Insur d status f r General Liability and Business led Automobile with respect to work perfo' ed by the named insfor Lubbock Auditorium and Banquet Hall Lighting. waiver of subrogation is permitted. The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer In less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days In advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE NAS Insurance Company MUST BE SENT TO THECITY OF LUBBOCK (Name onsurere y: W. Neil Huff 1 Title: Agent • .:11 il.�<• •. 4 '+ ti i� i.Aj, 1 +Vat. CERTIFICATE 4F INSURANCE TO: CITY OF LUBBOCK DATE: 04/23/99 P,O, BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: Lighting Installation StageLight, Inc, THIS IS TO CERTIFY THAT P.O. Box 980172, Houston, TX 77098 (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liabilily General Aggregate; n Claims Made Products-Comp/Op AGG S ❑ Occurrence Personal & Adv, injury $ 0 Owner's. & Contractors Protectiv Each Occurrence S Fire Damage (Any one Fire) S Med Exp (Any one Person) S AUTOMOTIVE LIABILIT7 ❑ Any Auto 0 All Owned Auto; 0 Scheduled Autos S u Hired Autos n Non -Owned Autos 0 GARAGE LIABILITY a Any Auto J BUILDER'S RISK r1 100%of the Total Contract Pri 0 INSTALLATION FLOATER n Umbrella Fcrrn ❑ Other Than Umbrella Form WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The PWrietor/ m Included SF-000-102- 09/13/98 09/13/99 Partners/Executive n Excluded 8196 19980913 Officers are: OTHER Combined Single Limit S Bodily Injury (Per Persona S Bodily Injury (Per Accident) Property Damage $ Auto Only - Each Accident 4 Other than Auto Only: Each Accident $ Aggregate S Each Occurrence Aggregate Statutory Urnits Each Accident Disease Policy Unit Disease -Each Employee S S S S 111 111 1�11 i 11 111 111 Waiver of Subrogationlis included I I I Re: Lubbock Auditorium and Banquet Hall Lighting The above polities either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer In less than the legal time required after the insured has received wn1ten notice of such change or cancellation, or in case there is no legal requirement, In less than five days In adva of 1latio.N texas, erkers Compensation FIVE COPIES OF THE CERTIFICATE OF INSURANCE Insurance F d ame o nsurer ' r MUST BE SENT TO THE CITY OF LU>380CK By-W. Neil "Fluff Title: Agent i 1 I I I I 04,1300,99 14:25 121 864 801 0880 PRISRinc. - 16002 mksNorth American -Policv: Numben- , - Frnrn To Specialty Insurance Company 04/23/99 - 04/23/00 M El n Sweat, Mwehma, NH 03101 12*1 Am Sm dwd TkM at trw Addrfto 140-saz-9= 29CO000122-00 of a* A-WerAd hme Transaction New Name Cna FreddIEIiIgttdxeg t The City of Lubbock PRISM, Inc. Post Office Box 2000 Post Office Box 1777 Lubbock, TX 794E7 Greenville. SC 29602 Telephone: (864) 801 - 0460 Business Description: Designated oontrecror is involved in Type of Business: Aaldlt pried: sales, service and installation of theatrical evuiament Theatrical Lighting At Expiration OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM DECLARATIONS IN RETURN FOR THE PAYMENT OF THE PREMIUM. AND SUBJECT TO ALL THE TERMS OF THIS FOLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THE PREMIUM MAY BE SUBJECT TO ADJUSTMENT. DESIGNATED CONTRACTOR StageLlgtlt, Inc. , Past Office Box 980172, Houston, TX 77098 LOCATION OF COVERED OPERATIONS Locadbn : Address 001 Lubbock Auditorium and Banquet Hell Lighting, Lubbock, Texas %J;Y..a'�ih- OEu4� ..+1's'�ir}7:'-"•'11Ep�C Aggregate Limit Each Occurrence Limit COMMERCIAL GENERAL LIABILITY CLASSIFICATION SCHEDULE 001 1006 191181 Cost Included daeslfit;at_ isirt-DescriPt%o�: ' , ...' -.•... , , .... - - ...., ... . � ... . Owners, CnntracTors, Protective liability -Federal, State or Local Fees, Taxes and SUTcharges: NA CG0009(01196) CG2855( 0S(1 $ 1,000,000. 5 1,000,000. - I .., ® Yes 0 No $ 1,000. $ NA 1 9 000. 21 CG0099(11185) THIS DECLARATIONS PAGE TOGETHER WITH THE POLICY AND ANY APPLICABLE FORMS AND ENDCRSEMIENTS ISSED TO FDRM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. Countersigned at: This Day of By: (Authorized Signature) Issuing Office: Greenville, SC Issued Date: 04/21199 NAS-OCF--2)EC (0&97) I-d-4- -umgb d r a6A of haumm Saw" Oftx, i x...s& is panump , Ca yri ft r==- SwAm office. lnr- 1 M 1 04-3G-99 14:97 RECEIVED FROM:1 864 891 9869 P•92 t I 1 1 L 11 1 1 CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: P REQUIRED WORKERS' COMPENSATION COVERAGE .The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering ki equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and ' (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage !— showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 1#� I 1 1 4 11 1 1 I I I i 1 4--A 1 .1 4 A IL-A1 -- .1 1 1 1-1 L J I I I i I_ 7 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 8t' day of April,1999 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 StageLight, Inc. of the City of Houston, County of Harris and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99041 - LUBBOCK AUDITORIUM AND BANQUET HALL LIGHTING - PHASE 11 - $274,365.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance r and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ITY BBOC EXAS (O By: MAYOR AS TO CONTENT: APPROVED AS TO FORM: City Attorney CONTRACTOR: STAGE By: PRINTED NAME:. `/E'�'c �riL 061"M TITLE: r/'es/ %h"AfT ATTEST: COMPLETE ADDRESS: Corporate Secretary StageLight, Inc. 2310 Richton Houston, Texas 77098 G 0 1 I r� c I GENERAL CONDITIONS OF THE AGREEMENT I t I c t I 0 t GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 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 STAGELIGHT. 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 JOHN JAMES, TECHNICAL COORDINATOR, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. I GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2, CONTRACTOR 3. 4 5. Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit STAGELIGHT, INC. who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative JOHN JAMES, TECHNIC4L COORDINATOR, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or ' inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 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. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 14. 1 15. 1 1 1 16, 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 insure 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. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor, The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any Hof Contractor's agents or employees, or any other persons performing any of the work. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. 18. 19. 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. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, 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. CONSTRUCTIOiJ PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 2o. SANITATION 29 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. 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 which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. 4 1 Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22, DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24, EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age � Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by 1 5 25. 26. them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative prior to the commencement any extra work, any claim for payment due to alleged extra work shall be deemed waived. 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 prior to 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. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 6 I 1 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28, CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard I B. C. lei E. F. Products & Completed Operations Hazard I Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $1,000,000.00 Combined Single Limit. This policy shall be submitted prior to contract execution. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; ' Bodily Injury/Property Damage, $300,000.00 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. Builder's Risk Insurance/Installation Floater Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 0.00% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. Umbrella Liability Insurance I The Contractor shall have Umbrella Liability Insurance in the amount of 1,000,000.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. 1. Definitions: I 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 8 1 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 will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. B. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: G. (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. 10 F (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; {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: 1 . I 1 1 11 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: W provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning the 'M work on 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; 12 1 (vil) 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. 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 officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 13 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said tiime, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500 (FIVE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 14 4 A 37 38 TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this 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. 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. 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. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 15 39. 40 41_ 42 PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 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. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 16 43. 44 i 46. n 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. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. if Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 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) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) 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. I 17 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 band shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor, In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. 18 In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at L 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 which remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. b 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually L 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 successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, 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. 19 52 53. 3!1 55 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. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and bome by the Contractor at his own cost and expense. 4 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. 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. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 20 CURRENT WAGE DETERMINATIONS 1 I 1 Resolution No. 6138 Item No. 23 December 16, 1998 RESOLUTION WHEREAS, the City Council of the City of Lubbock has heretofore established the general prevailing rate of per diem wages on public works projects in Lubbock as required by Section 2258.022 of the Government Code; and WHEREAS, such wage rates were established by Resolution No. 5121, enacted on March 14, 1996; and WHEREAS, said schedule of per diem wage rates requires a clarification with regard to Exhibit D; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in Resolution No. 5121 enacted on March 14, 1996, except that Exhibit D to said Resolution entitled "Weekend and Holiday Rate" shall be entitled "Legal Holiday Rate" and shall read as follows: "The rate for legal holidays shall be as required by the Fair Labor Standards Act." Passed by the City Council this I6th day c ATIT ST: a� K ythie arnell, City Secretary APPROVED A5 CONTENT: Mary And ws, Director of Human Resources APPROVED AS TO FORM: r \?.A /3 — rb J i `feint--uu ' /� u ki V \. G. Vandiver, First Assistant City Attorney DG V :Iccdoes/wa gerase. res Dccember 7.1999 [tesoluri�� %C,. 5i=� March 14, 1996 Item #19 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12. 1981, updated by Resolution No. 1590 enacted February 23, 1994, and further updated b- ' Resolution No. 2502 enacted January 8. 1987; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits. which exhibits shall be attached hereto and mad . - a a part hereof for all intents and purposes: .. Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock an, such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this I4th da rch , 1996. ATTEST: j lIL Betty M. Anson, City Secretary APPROVED AS TO CONTENT: Mary AndrVws, Managing Director of Human Resources } APPROVED AS TO FORM: I a old Willard. Assistant City Attorney I� 1 HW:dalccdocsfpubworks.res February 14. 1996 i, 2 VID R. LA EXIMIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hour}v Rate Acoustical Ceiling installer 10.00 Air Conditioner Installer 11.00 Air Conditioner installer -Helper 5.50 Asbestos Worker 8.00 Asbestos Supervisor 11.00 Bricklayer 11.00 Bricklayer -Helper 6.00 Carpenter 11.00 Carpenter -Helper 6.00 Cement Finisher 7.50 Ihywail Hanger 10.00 �. Electrician 13.00 Electrician -Helper 6.00 R Equipment Operator -Heavy 8.50 Equipment Operator -Light 7.50 Floor installer Glazier 8.50 8.00 Insulator-PipingBoHer 9.00 Lasulator-Helper 5.50 Iron Worker 8.00 Laborer -General 5.50 fr` Mortar Mixer 5.50 Painter 9.50 Plumber 10.50 Plumber -Helper 6.00 Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 9.75 Sheet Metal Worker -Helper 5.50 Welder -Certified 10.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates POO Asphalt Heatmnan Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Foam Setter -Helper Laborer -General Laborer -Utility Mechanic Mechanic -Helper Power Equipment. Operators Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor Truck Driver -Light Track Driver -Heavy 1 1 1 1 Hourly Rate 6.00 5.50 7.35 5.75 10.50 5.50 6.50 5.50 5.50 6.25 7.25 5.50 7.00 7.00 7.00 6.50 7.00 6.50 9.50 6.00 6.50 6.50 6.00 6.50 1 1 1 1 1 1 1 1 1 1 1 e 1 U EXHIBIT C Prevailing wage Rates Overtime Rate The rate for overtime (n excess of forty hours per week) is 1 1/2 times base rate. EXEMIT D Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. SPECIFICATIONS Technical Specifications Banquet Hall and Auditorium Stage Lighting Lubbock, Texas JOHN FAINNINdG 34-307. 1 Prepared by: Fanning, Fanning & Associates, Inc. Consulting Engineers 2555 74th Street Lubbock, Texas 79423 Tel: (806) 745-2533 Fax: (806) 745-3596 January, 1999 1 1 1 INDEX OF TECHNICAL SPECIFICATIONS 16010 RACEWAYS AND FITTINGS 16110 CONDUCTORS 16211 GROUNDING 16301 ELECTRICAL DISTRIBUTION 16360 WIRING DEVICES 16405 DIMMING SYSTEM LUBBOCK MUNICIPAL AUDITORIUM 16410 DIMMING SYSTEM CIVIC CENTER BANQUET HALL 4 2 2 4 2 14 16 ISECTION 16010 IRACEWAYS AND FITTINGS PART 1 -GENERAL 1.01 NOTE A. Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS A. Submit manufacturer's data on all materials. 1.03 SCOPE A. The work shall include furnishing and installing all rigid steel and flexible metallic conduit, intermediate metallic conduit, electrical metallic tubing, wireways, pull and junction boxes and outlet boxes, together with all supporting devices and other accessories required. PART 2 - PRODUCTS 2.01 CONDUITS A. Electrical Metallic Tubing (EMT): Steel tubing, galvanized outside and provided with a slick corrosion resistant interior coating; UL listed and labeled according to Standard 797; conforming to ANSI Standard C80.3; Pittsburg, Republic Steel, Robroy or Allied. B. Intermediate Metallic Conduit QMC): Rigid, threaded, thin wall steel; galvanized outside with protective coating inside; UL listed and labeled according to Standard 1242; Allied, Republic Steel, or equivalent. C. Flexible Metal Conduit: Spirally wound with hot dip galvanized steel strips (commercial Greenfield); conforming to UL Standard UL I and UL listed and labeled; Triangle Conduit and Cable Company, or equivalent. 2.02 CONDUIT FITTINGS A. Couplings and Terminations for Electrical Metallic Tubing: Join lengths of EMT with steel compression type couplings and connectors where exposed to the weather or in wet locations. Otherwise use steel, set -screw couplings and connectors. The connectors shall have insulated throats or a smooth interior so as not to damage the insulation during wire pulling operations. 1 1 97084 16010-1 B. Couplings and Terminations for Intermediate Metal Conduit: Same as for rigid steel conduit. C. Couplings and Terminations for Flexible Metal Conduit: T & B 440 Series couplings at connections between flexible and rigid conduit; T & B 3110 or 3130 Series nylon insulated throat, steel connectors at box or cabinet terminations. 2.03 WIREWAYS A. Interior Use: UL listed; enamel finished; sizes shown or required; screw covers; complete with all fittings, couplings, hangers and accessories; Square D, General Electric, or equivalent. B. Exterior Use: UL listed; enamel finished; sizes shown or required; removable front cover which is gasketed; weatherproof rainhood. 2.04 OUTLET BOXES A. UL listed of sizes and types specified. B. Sheet Steel Boxes: Sheet steel not lighter than No. 14 gauge, galvanized after fabrication; Raco, Steel City or Appleton. C. Cast Metal Boxes: Cast iron or cast alloy with threaded hubs; Crouse -Hinds, Appleton or Pyle National. 2.05 PULL BOXES AND JUNCTION BOXES A. Sheet steel, galvanized inside and outside, with galvanized covers. B. Small Boxes: For boxes where the volume required is not over 100 cubic inches, use standard outlet boxes. C. Larger Boxes: For boxes where the volume required is over 100 cubic inches, use cabinets as specified for panelboard cabinets with covers of same gauge as boxes, secured with corrosion resistant bolts or screws. PART 3 - EXECUTION 3.01 INSTALLATION OF BUILDING RACEWAYS A. All wiring of every description shall be run in conduit or electrical metallic tubing unless noted or specified otherwise. Conduits may be run exposed in machinery and electrical rooms and unfinished areas. All other conduits shall be run concealed unless otherwise noted. All exposed runs shall be installed parallel to the surface of the building in a neat and orderly manner. 97084 16010-2 B. Types: Above grade interior conduits shall be intermediate metal conduits or electrical metallic tubing. C. Sizes: Size and install raceways so that conductors may be drawn in without injury or excessive strain. Make field bends with approved bending devices. Do not install bends or offsets in which conduit is crushed, deformed or otherwise injured. D. Connections: Use lengths of flexible metal conduit, not less than 12" long at final connections to all motors, controls and other devices subject to movement because of vibration or mechanical adjustment. Use flexible metal conduit also at connections to recessed lighting fixtures, and elsewhere as required. In damp or wet locations, and where installed outdoors, use liquidtight flexible metal conduit. E. Around Heat Producing Equipment: Do not install raceways within 3" of steam and hot water pipes, breeching and flues, except where crossings are unavoidable, and then keep raceways at least 1" from insulation on the pipe, breeching or flue crossed. Wherever possible, avoid installing raceways directly above or in close proximity to boilers and other like objects operating at high temperatures. F. Protection of Raceways: Seal ends of all raceways with blank discs ("pennies"), push pennies or other approved closers during construction. Do not pull any conductors into raceways until other work in the vicinity is completed. Swab out all raceways before pulling in conductors. G. Penetrations: Wherever raceways pass through floors, walls partitions, etc., carefully fill any space between the outside of the raceway and the building material to prevent passage of air, water, smoke and fumes. Filling material shall be fire resistive and installed to meet requirements of the U.L. Fire Resistance Directory. 3.02 CONDUIT SUPPORTS A. Support Spacing: Use minimum spacing as directed by National Electrical Code, but space hangers more closely where required by conditions. B. Individual Conduits: Support conduits running vertically or horizontally with galvanized malleable iron one hole clamps. Carry individually supported horizontal conduits 1-1/4" and larger on Kindorf No. 150 or Steel City No. C-149 hangers. Use no perforated strap iron as hanger material. Where conduits smaller than 1-1/4" are installed above metal lath and plaster ceilings or mechanically suspended dry ceilings of the non -removable type, they may be supported on ceiling runner channels. Where conduits smaller than 1-1/4" are installed above removable ceilings, attach them to the structure or bar joists (where present) or support them on threaded hanger rods with clips. Do not use any wire to support conduits or to attach conduits to supporting members. Locate conduits a sufficient distance above the ceiling to permit removal of the ceiling panels. Locate them so as not to hinder access to mechanical and electrical equipment through the ceiling panels. f' 10. 97084 16010-3 C. Multiple Conduits: Where multiple raceways are run horizontally at the same elevations, they may be supported on trapezes formed of sections of Unistrut angle iron or channels suspended on rods or pipes. Size trapeze members including the suspension rods for the number size and loaded weight of the conduits they are to support. Space them as required for the smallest conduit supported. 3.03 Installation of Outlet Boxes: A. Usage: Provide at each outlet or device of whatever character a metal outlet box in which conduits shall terminate. B. Boxes recessed in construction: Sheet steel boxes. C. For Lighting Fixture Outlets: 4" octagonal by 1-1/2" minimum depth with 3/8" fixture stud for incandescent lights which are surface mounted, wall mounted or suspended. D. For Wall Switches, Receptacles and Communications Use: Use 4"x4" size with proper square cornered tile wall cover, plaster cover, or finishing plate, except where construction will not permit or the device requires a larger box. E. Boxes for Exposed Work: Cast metal boxes. F. Boxes for Outdoors: Cast metal boxes with gasketed covers. 3.04 INSTALLATION OF PULL AND JUNCTION BOXES A. Sizing: Size all pull and junction boxes in accordance with NEC, using larger sizes than required by code where job conditions so indicate. B. Mounting: Fasten all boxes securely to the building construction, independent of conduit systems. On concealed conduit systems where boxes are not otherwise accessible, set box covers flush with finished surfaces for access. END OF SECTION 97084 16010-4 SECTION 16110 CONDUCTORS PART 1 - GENERAL d 1.01 NOTE A. Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS I I 1 A. Submit manufacturer's data on all materials. 1.03 SCOPE A. The work shall include the furnishing of all conductors, together with all splices, connections, identification, bundling, etc., including pulling devices. PART 2 - PRODUCTS 2.01 CONDUCTORS (600 VOLTS AND UNDER) A. Type: Soft drawn, annealed copper, UL listed, rated at 600 volts, continuous without weld, splice or joint, uniform cross-section, free from flaws, scale and other imperfections; Okonite, Triangle, Anaconda or Simplex. No. 8 and larger shall be stranded; No. 10 and smaller shall be solid. B. Insulation: Branch circuits shall have type THHN/THWN insulation unless the type is specifically designated or specified. Feeder circuits shall be Type THW or THHN. C. Circuits Subjected to High Temperatures: Type RHH conductors for wiring in proximity to boilers, and for motors and devices subject to high temperature because of high ambient temperature or convection or radiant heat. D. Lighting Fixture Conductors: Type and size approved by the NEC for the purpose. 2.02 JOINTS AND SPLICES A. Stranded Copper Conductors: UL approved solderless bolted pressure connectors or Thomas and Betts Series 54000 compression connectors. All connectors shall be of proper sizes to match conductor sizes. All compression connectors shall be applied with properly sized dies and tools. Split -bolt connectors are not acceptable. 97084 16110-1 B. Solid Copper Conductors: UL approved solderless bolted pressure connectors; or iTL approved electrical spring connectors of "Scotchlok", Ideal or T & B "Piggy" make. All connectors shall be of proper sizes to match conductor sizes. Split bolt connectors are not acceptable. 2.03 COLOR CODING A. Phase conductors shall be black, red and blue for phases, A, B, and C respectively in the 208 volt system. B. Neutral conductors shall be white. Grounding conductors shall be green. C. Phase conductors shall match existing colors on 480 volt system. PART 3 - EXECUTION 3.01 INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER) A. Feeders: Run all feeders their entire length in continuous pieces without joints or splices, insofar as practicable. Make joints in branch circuits only where circuits divide as shown on drawings. Such joints shall consist of one through circuit to which shall be spliced the tap circuit. B. Sizes: No wire shall be smaller than No. 12 except for signal or control circuits, and except for individual lighting fixture taps as permitted by the National Electrical Code. C. Receptacle and Motor Branch Circuits: No. 12 conductors unless noted or scheduled otherwise. D. Joints and Splices: Make joints and splices only where necessary and only at outlet boxes and pull boxes. All joints shall be mechanically and electrically secure. After a joint or splice is complete, insulate it with Okonite rubber tape, and Manson friction tape to make the insulation of the joint or splice equal to that of the conductor. E. Conductor splices in wet locations shall be made in accordance with the conductor manufacturer's recommendations. F. Identifying Tags: Non-ferrous; stamped to clearly identify each circuit. Securely fasten tags to all cables, feeders and power circuits in pull boxes, lighting, power and distribution panelboards, etc. G. Bundling Conductors: Bundle all conductors in panelboards, cabinets and the like, using marlin twine lacing or nylon straps made for the purpose. Bundle conductors larger than No. 10 in individual circuits. Bundle smaller conductors in larger groups. END OF SECTION 97084 16110-2 SECTION 16211 GROUNDING PART 1 -GENERAL 1.01 NOTE A. Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS A. Submit manufacturer's data on all products. 1.03 SCOPE A. Furnish and install the various grounding systems outlined herein in accordance with the National Electrical Code. PART 2 - PRODUCTS 2.01 Products for grounding systems are specified elsewhere herein. PART 3 - EXECUTION 3.01 GROUNDING RACEWAYS A. Assure the electrical continuity of all metallic raceway systems, pulling up all conduits and/or locknuts wrench tight. Where expansion joints or telescoping joints occur, provide bonding jumpers. Where flexible metallic conduit is employed, provide a green -insulated grounding jumper installed in the flexible conduit. B. Provide grounding bushings on all service and feeder raceways terminating within switchboards, panelboards, cabinets, and all other enclosures. Provide grounding conductors from such bushings to the frame of the enclosure and to the ground bus or equipment grounding strap. Size grounding conductors in accordance with NEC Table 250-95. 3.02 EQUIPMENT GROUNDING CONDUCTORS A. Provide a separate, green -insulated copper grounding conductor, with insulation of the same rating as phase conductors, for each feeder and for each branch circuit indicated. Install the grounding conductor in the same raceway with the related phase and neutral conductors, and connect the grounding conductor to pull boxes or outlet boxes at intervals of 100 feet or less. Where paralleled conductors in separate raceways occur, provide a grounding 97084 16211-1 conductor in each raceway. Connect all grounding conductors to bare grounding bars in panelboards, and to ground buses in service equipment to the end that there will be an uninterrupted grounding circuit from the point of a ground fault back to the point of connection of the equipment ground and system neutral. Size all of these grounding conductors per NEC Table 250-95. END OF SECTION 97084 16211-2 1 a SECTION 16301 ELECTRICAL DISTRIBUTION PART I -GENERAL 1.01 NOTE A. Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements and Supplemental Requirements. 1.02 SUBMITTALS A. Provide complete catalog data and drawings on all items of equipment. 1.03 SCOPE A. Provide all labor, material, equipment, and service necessary for and incidental to the complete electrical distribution system. PART 2 - PRODUCTS 2.01 PANELBOARDS A. Panelboard Cabinets: Furnish and install cabinets to serve the various panelboards, of sizes as required to house the panelboards. 2.02 CABINET CONSTRUCTION A. Rigidly constructed of sheet steel of gauges conforming to Underwriters' Laboratories Inc. requirements; corners overlapped or welded; edges turned over to receive trim. B. Cabinet Fronts: Cut from single sheet of not less than No. 12 gauge cold rolled sheet steel; fastened in place by adjustable trim clamps which will allow plumbing; same size as the cabinet box if surface mounted; size to overlap the box a minimum of 3/4" on all sides if flush mounted. Provide each door with a substantial flush, cylinder tumbler lock and catch. On doors more than 48" high provide a combination three point catch and lock with T-handle. Provide each lock with two keys, with all locks keyed alike. C. Finish: All back boxes galvanized; all exposed metal, including fronts, primed and finished in gray lacquer. 97084 16301-1 2.03 PANELBOARDS, GENERALLY A. Mount all panelboards in cabinets as specified hereinbefore, arranged for flush or surface mounting as indicated on drawings. B. Where a circuit protective device is scheduled as a "spare", provide the device complete for operation. Where such a device is scheduled as a "space" or "space only", provide proper space and all necessary connectors for future installation of the size of device scheduled. Where a breaker or switch is scheduled to serve a "future" load, provide the device complete for operation. C. All circuit breakers shall be quick make, quick break, trip free, thermal magnetic, indicating type unless noted otherwise. Provide all multiple pole breakers with common trip and single operating handle; handle ties between breakers are unacceptable. Branch circuit breakers shall be fully interchangeable without disturbing adjacent units. D. Connect all circuit interrupting devices with sequence phasing. E. Provide each panelboard with a neatly typewritten directory of circuits mounted in a cardholder on the inside of the panelboard cabinet. Cover directory with transparent sheet plastic. F. All panelboards shall be listed by Underwriters' Laboratories Inc. G. Submit shop drawings of each panelboard for review before commencing fabrication; drawings shall indicate number, size, interrupting rating and type of circuit protective devices; dimensions, gauges and type of construction of cabinets, size and material of main bus and lugs, and any other pertinent information necessary to determine compliance with the drawings and specifications. H. Provide each panelboard with a factory engraved nameplate which shall identify the panelboard name and the panel serving it. 2.04 LIGHTING AND APPLIANCE PANELBOARDS A. Panelboards shall have the number and size of bolted -in circuit breakers as scheduled. Panels shall be of General Electric, Square D, or Westinghouse manufacture, equivalent to the General Electric panels listed below. 1. Panelboards for 208 or 240 volt Service: General Electric Type AQ, with type THQB circuit breakers. 2.05 FUSES A. Furnish and install all fuses necessary for leaving the installation complete and in working order, including a complete set of fuses in each spare switch. 97084 16301-2 B. Upon completion of the work provide a standard carton (but not less than 3 fuses where a carton does not contain as many as 3) of each size of each type of fuse used. These spare fuses are in addition to fuses in spare switches and replacement fuses blown during construction and testing. C. Place a fuse identification label, showing type and size of the required fuses, inside the door of each enclosure requiring fuses. D. Fuses shall conform to the latest NEMA Standards, and shall be UL listed and labeled (except as noted otherwise) They shall conform to the UL classes listed hereinafter. Voltage ratings shall be suitable for the systems to which the fuses are applied. E. Fuses shall be shipped to the job in boxes, and shall not be installed in any equipment until the installation is complete, and final tests have been made prior to energizing the equipment. F. Where the spacing of fuse clips in equipment is greater than required by the proper size of fuse, use suitable fuse reducers to fit the fuses. G. Fuses shall be Class RK-1; Bussman Type LPN or LPS "Low Peak". Fuses shall be available in ratings 0-600 amperes, shall be current limiting dual element with tie delay, and shall have interrupting rating of 200,00 RMS symmetrical amperes. Fuses shall be equipped with slotted blades, and switch fuse clips shall be provided with matching NEC fuse rejection feature. 2.06 DRY TYPE TRANSFORMERS A. Dry type transformers shall be of the air cooled type of ratings shown on drawings. They shall be of General Electric, Westinghouse, Hevi-Duty or Sorgel manufacture, equivalent to the General Electric transformers specified hereinafter. Transformers shall conform to all applicable provisions of NEMA Publication STl and ANSI C89.1. They shall be UL listed. B. Noise levels shall not exceed the following when measured in strict accordance with ANSI C89.1: KVA Decibels 0-9 40 10-50 45 51-150 50 151-300 55 301-500 60 97084 16301-3 I C. Housings shall be drip -proof metallic enclosures, and shall be degreased, cleaned, phosphatized and finished with two coats of enamel. Suitable lifting brackets shall be provided. D. All ventilating openings shall be arranged to prevent accidental access to live parts or the insertion or dropping of foreign objects into such live parts. E. Terminal compartments shall be located at the bottom of transformer housings. F. Transformer manufacturer shall provide with submittal a statement that transformers have ■ been designed, manufactured and tested in strict accordance with the NEMA and ANSI standards stated hereinbefore. Transformers shall be wall, floor, or platform mounted as shown or required. Where wall mounted, provide suitable vibration and noise eliminators between mounting brackets and wall. Where floor mounted, set transformer on spring type vibration and noise eliminators mounted on 5" high concrete base. If platform mounting j is indicated, construct the platform of welded or bolted angle iron. Support the platform from the building construction with steel rod hangers, with spring -type vibration and noise eliminators interposed between rods and platform. All vibration isolators shall be properly selected by their manufacturer for the specific duty involved. Maximum vibration transmission shall not exceed 10 percent. G. Install all conductors to and from each transformer in flexible metallic conduit not less than 24 inches long. Provide neoprene grommets or neoprene padding to prevent metallic contact between conduit and transformer housing. Install copper wire grounding jumpers between conduit and housing. END OF SECTION 4 97084 16301-4 SECTION 16360 WIRING DEVICES PART 1 -GENERAL 1.01 NOTE A. Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS A. Submit manufacturer's data on all materials. 1.03 SCOPE A. Furnish and install in suitable outlet boxes, the wiring devices indicated, complete with lamps, coverplates, etc. All shall be properly connected to conductors so as to be operable. PART 2 - PRODUCTS 2.01 WIRING DEVICES A. Acceptable Manufacturers: The catalog numbers listed herein are generally of Hubbell manufacture. Equivalent devices of Arrow -Hart, Bryant, Pass, Seymour and Leviton or General Electric are also acceptable. B. Classification: All wiring devices shall be "Specification Grade", and shall be UL listed. C. Colors: All devices shall have an ivory finish where mounted in walls finished in light colors and a brown finish where mounted in walls finished in dark colors. 2.02 RECEPTACLES A. Receptacle, 20 Ampere, 125 Volt, 2 Pole, 3 Wire Grounding Duplex: Hubbell No. 5362 or 5362-1 (NEMA 5-20R). 2.03 COVERPLATES A. Provide coverplates for all wiring devices, telephone, signal outlets and other kindred devices. 97084 16360-1 B. For Flush Mounted Devices: Siena Electric Corporation "S-Line" 0.040" stamped satin stainless steel except in unfinished or machinery spaces, where plates shall be Sierra "P-Line" smooth plastic to match devices. PART 3 - EXECUTION 3.01 CIRCUIT IDENTIFICATION A. At each wiring device, install a label on the inside of the coverplate which shall identify the panel and circuit number to which the device is finally connected. The labels shall be made on the job with indent type Dynamo adhesive tape. Attach the label to the plate with contact cement or other suitable adhesive material. In lieu of a label, the panel and circuit number may be marked on the inside of the coverplate with an indelible pencil. 1 END OF SECTION 97084 16360-2 IPART 1 -GENERAL 1 1.01 INTENT 1 A. SECTION 16405 DIMMING SYSTEM LUBBOCK MUNICIPAL AUDITORIUM The intent of this specification is to define parameters for furnishing an _ complete and working new dimming and control system. The systems are designed to meet specific operational requirements of Lubbock Municipal Auditorium, Phase II, Lubbock, TX. Performance deviations will not be accepted. A mandatory pre -bid conference will be held as indicated in the bid documents. All bidders must attend this conference. B. All work must be done in compliance with the National Electric Code and applicable local codes. All equipment, wiring and appurtenances necessary for a complete, working and code compliant installation are included in the bid requirements, whether detailed or not. 1.02 SCOPE OF WORK A. Relocate and reconnect two existing ETC dimmer racks into a new room in the basement as indicated on the drawings. Install new Electronic Theatre Controls SR48 dimmer rack, adjacent to the two relocated racks. Install 15-dual 2AK modules in existing Sensor Rack 92. Balance of 53 modules to be installed in new rack, for a total 268 circuits. Ten Airflo modules (from existing Rack #2 to be installed in new rack. 105 new circuits to be pulled from rack(s) to stage and distributed, as indicated. All circuits to be re -terminated to provide sequential circuit numbering, as indicated. B. Install 20 new circuits in front of house cove. These are to be installed in flush single gang conduit boxes, located alternately with the 19 existing receptacles. Install 5L20 twistlocks receptacles to match existing, with plates. Circuits are to be re -numbered, sequentially #1- 39, from stage left to stage right. C. Install new 50-ft. connector strip on first pipe truss. Strip to be bolted directly to front angle irons on truss Install 20 new circuits, grid box, borderlight cable(s), cradle(s) and grips. Existing 33 circuits to be re -numbered #40-72. Twenty new circuits to be numbered 973-92. D. Install new 50-ft. connector strip on second pipe, to replace existing connector strip. Install 15 new circuits, grid box, borderlight cable(s), cradle(s) and grips. Re -connect existing borderlight cable(s) to new strip. Fifteen new circuits, plus 13 existing circuits equal 28 total circuits. These circuits to be numbered #93-120. E. Install new 50-ft. connector strip on third pipe. Same as #D, except circuit numbers to be #121-148. 97084 16405-1 F. Install new 50-ft connector strip on fourth pipe. Same as #D, except circuit numbers to be #149-176. G. Install new 50-ft. connector strip on fifth pipe. Install 20 new circuits, grid box, borderlight cable(s), cradle(s) and grips Re -connect existing borderlight cable(s) to new strip. Twenty new circuits, plus 21 existing circuits equal 41 total circuits, These circuits to be numbered #177-217. H. Existing 23 circuits in floor pockets are to re -connected to circuit #218-240. Replace existing receptacles with 51,20 twistlocks. I. Existing eight footlight circuits to be reconnected to #241-248. J. Install new 24-ft motorized pipe batten at mid -house location as indicated on drawings. Confirm exact location with owner's representative. Provide six circuits at this position, numbered #289-294. K. Existing 13 houselight circuits to be reconnected to #276- 288 All circuits with numbers larger than #192 will be located in new dimmer rack. L. A new control cable run will be installed to a new house rear position. The run shall consist of 149729 Belden (DMX), 1- #9729 Belden, plus 2416 THHN (Link) and 149728 Belden, plus 2- #16 THHN (RM. The run shall pick up at the last control jack onstage and terminate in a 3-gang conduit box at house rear position as indicated by owner. Install a new ECPB/DMX/Link/RFU jack at this location. The routing of this cable run is not "direct" and the owner can show the required routing to the new location. Provide new duplex receptacles on dedicated 120V circuits at this location also. M. Install a new Distributed DMX control system as specified and shown on the plans. N. A new software upgrade shall be provided to upgrade the existing ETC Expression 2x console to an Expression 3-800 channel. An encoder wheel "sidecar" shall also be provided. 0. All new dimming equipment, with the exception of the distributed DMX, shall be Electronic Theatre Controls to match existing. 1.03 DRAWINGS A. The owner shall be supplied with two sets of "as -built" drawings. Two operations and maintenance manuals, covering all major items installed, shall be provided for each of the venues. 97084 16405-2 19 a 1.04 SUBSTITUTIONS A. Specific items of equipment are listed by trade names. The Owner has determined that these are the particular items desired by the Owner and, that they have established a standard of quality, equipment function and/or process. It is not the purpose nor intent of these documents to eliminate competitive bids. In order to allow proper and fair comparison of pricing, each contractor is required to submit his base bid price on the specified equipment. A contractor may submit an alternate bid based on equipment different from that specified. Accompanying each alternate bid shall be a letter specifically detailing each substitution including catalog data, specifications, operative samples, technical information, drawings, performance and test data, and complete descriptive and functional information to assist in a fair evaluation. Failure to submit any substitution or not providing sufficient data for evaluation shall require the exact item specified to be furnished. Owner's approval of a substitution for bid purposes will not relieve the contractor from the responsibility of meeting all specification criteria. If an approval of a substitution is granted, the Contractor shall be fully responsible for any and all changes such substitution shall require. 1.05 QUALITY ASSURANCE A. To ensure a uniform installation and single responsibility, one manufacturer shall provide all dimming system components. This manufacturer shall have manufactured electronic lighting controls for a minimum of 10 years and not be in, or in the process of seeking, bankruptcy. Furthermore, the products being proposed shall not have been associated in any way with a bankruptcy action during the last five years. Mixing of equipment brands will not be accepted. B. Manufacturer shall provide local on -site service for the system for a period of two years from date of acceptance by the Owner. A service facility, including at least one full-time technician and a spare parts inventory, shall be located within 300 miles of the job site. A factory -employed technician or a third -party maintenance company may provide this obligation. This person or firm must be regularly engaged in the service of dimmers. A salesperson or sales agent without dedicated service personnel does not meet this requirement. The manufacturer shall also guarantee to provide 24-hour per day toll -free telephone technical support available for two years after the system is accepted by the owner. C. This specification details specific operational and functional needs of the owner. Deviations from the performance requirements will not be accepted from any supplier. Contractor assumes the responsibility of removing any non -complying material discovered during the warranty period and replacing it with specification compliant equipment. 97084 16405-3 1.06 STAGE EQUIPMENT CONTRACTORS A. It is the intent of the Owner to have a stage equipment contractor who has experience in the installation of stage equipment to provide all equipment specified. One company shall be responsible for the installation of all aspects of the stage equipment as specified in this section. This shall include but not be limited to all rigging, curtains, tracks, motors and control, stage Iighting fixtures, stage/house dimming and dimming controls and miscellaneous equipment. B. The Stage Equipment Contractor shall employ only fully trained stage riggers and mechanics, assisted by common laborers, for the erection of the stage equipment. The stage riggers shall be completely familiar with the type of equipment to be installed. A competent Job Superintendent shall be on the job at all times when work is in progress. He shall represent the Stage Equipment Contractor and all directions given by him shall be as binding as if given by the Stage Equipment Contractor. 1.07 RIGGING EQUIPMENT MANUFACTURERS A. For the purposes of establishing a standard of quality desired on this project, the rigging hardware products of H & H Specialties, Inc. of South El Monte, California are specified. Other stage equipment hardware shall be any and all companies (not an individual) that are contributing members or sustaining members in good standing with United States Institute of Theatre Technology (USITT) at the time of the bid will be considered. Specific items of hardware must still meet the criteria established in these specifications for those items. The rigging hardware products of other manufactures that are not members of USITT may not be used in the construction of this project. 1.08 REFERENCE STANDARDS A. All dimming equipment, where applicable standards have been established, shall be built to the standards of Underwriters Laboratories, Inc., the National Electric Code, and the United States Institute for Theater Technology. 1.09 SERVICES A. Services of a qualified technician, representing the manufacturer, and employed full time in the service of control systems, shall be provided. He shall terminate all low voltage control wiring, inspect the installation, and energize the system. He shall also instruct the owner in proper operation and maintenance of the system. B. During the warranty period, the manufacturer shall provide a toll -free 24-hour-per-day number for telephone technical support and service request. 97084 16405-4 1,10 WARRANTY A. The owner shall provide a two (2)-year warranty on the entire lighting control system from date of acceptance. PART 2 - PRODUCTS 2.01 THEATRICAL RIGGING EQUIPMENT A. General Standards: 1. Paint as required under this section shall be the manufacturer's standard finish and color except as noted. 2. All equipment items shall be new and conform with applicable provisions of Underwriters' Laboratories and American Standards Association. 3. 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 discretion, Equipment shall not be substituted without specific written approval by the Engineer's Representative under the substitution paragraphs of these specifications. B, General Rigging Standards: 1. All turnbuckles, clips, tracks, chains and other items of incidental hardware shall be furnished plated or painted. Wire rope shall be galvanized. Fasteners, chain, and other miscellaneous hardware shall be either cadmium or zinc plated. 2. All materials used in this project shall be new, unused and of the Iatest design. Refurbished materials are not permitted. 3. In order to establish minimum standards of safety, a minimum factor of 8 shall be used for all equipment and hardware used on this project. In addition, the following factors shall be used: Cables and fittings 8 Safety Factor Cable bending ratio 30 times diameter Tread pressures 500 lbs. for cast iron 1500 lbs. for nylatron 750 lbs. for nylatron injection molded 1500 lbs. for nylatron bar stock 1000 lbs, for steel Max, fleet angle 1 %s degrees Steel 1/5 of yield Bearings Two times required load at full for 2000 hours 2.02 MOTORIZED LINESHAFT RIGGING REQUIREMENTS A. General: 1. Furnish and install a motorized lineshaft winch to raise and lower the front of house • lighting truss as specified herein. 97084 16405-5 2. The winch shall operate at a fixed speed. 3. The truss shall travel from a low trim of 6'-0" above house floor to approximately 4'- 0" below the winch assembly. 4. The lineshaft winch shall have drums alternately grooved for right and left hand winding to prevent the batten from traveling. 5. Drums shall be supported on each side with a flange block assembly. 6. Miscellaneous hardware such as battens, cable, etc. shall follow USITT standards and specifications. B. Winch System: 1. The gear reducer shall be a double reduction worm gear or a combination right Angle helical worm gear reducer. Reducer shall have a minimum service factor of 1.0. 2. The AC brake -motor shall be 1723 RPM, horsepower as required, three phase, 60 Hz with an integral brake. The brake shall be rated for 200% of the motor torque and be sized to stop and hold the moving load within four inches. Brake shall automatically be applied in case of power failure. Motor shall have a 1.0 service factor. 3. The cable drum diameter shall be a minimum of 32 times the cable diameter. The cable drum shall be of proper length to hold all of the cable in a single layer. The cables shall be prevented from jumping out of the grooves by two 3/8 cable retainers. The drum shall hold a minimum of the cable required for travel plus three dead wraps. Drums are to be helically grooved for the appropriate sized cable and have key -slots for the easy connection of cables. The drum hub shall be keyed directly to the continuous shaft off the reducer. Chain or belt drives are not acceptable. 4. The winch frame shall be constructed of structural steel members, compactly designed to support the winch components and load in a minimum amount of space. In the frame shall be incorporated a cable keeper bar that is located next to the grooves in each drum to prevent lines from jumping grooves and slack lines form unwinding. 5. Shaft will be a steel drive sized and of material to prevent excess twisting due to load torque. Maximum twist to be 0.25 degrees per linear foot. 6. Shaft coupling to be flange type gear couplings. 7. An internal brake shall be installed to stop a runaway system at 1 V2 times the rated speed. 8. The winch shall have an adjustable four -element limit switch which stops the winch at the upper and lower extremes of travel. Two of the elements shall be back-up or overtravel limits, wired such that the winch cannot be operated until the cause of normal limit failure is determined and repaired. C. Motor Control Panel: 1. The motor control panel shall be in a NEMA 12 enclosure. 2. The control panel will contain all circuit breakers, contacts, overloads, transformers and control relays to operate the winches and for reversing operations. 3. Provide main circuit breaker for each panel that must interlock with the panel door. Circuit breaker must be sized to operate all motors at one time. 4. The incoming line from the circuit breaker will enter a main line contact. 5. The contact will be closed by resetting the emergency stop circuit and opened by depressing the 'EMERGENCY STOP" or turning the key switch to "OFF". 97084 16405-6 6. The winch will have a definite purpose reversing contact with mechanical and electrical interlocks. 7. The incoming lines to the contact assembly will have a circuit breaker to protect the motor. 8. Adjacent to each contact will be a 3 pole overload adjustable for motor full load current. D. Operator Panel: 1. The operator panel shall be in a NEMA 12 enclosure. 2. The face plate shall be a 1/8' anodized aluminum panel. 3. The operator panel will activate the winch and a key switch will activate the system. 4. Provide 'UP" and 'DOWN" buttons for hold to run operation of each winch. 5. All buttons will be engraved with purpose. 6. Provide an 'EMERGENCY STOP" red mushroom type button. E. Hand Held Remote: 1. Provide one hand held remote unit with 50' of control cable. 2. Hand Held Remote will be capable of controlling all rigging sets. 3. Hand Held Remote will have a fimctioning ` MERGENCY STOP" red mushroom type button. F. Support Cables And Fittings: 1. All support cables unless otherwise noted shall be 7 x 19 construction, galvanized aircraft cable with a breaking strength of 7000 lbs. 2. Damaged of deformed cable shall not be used. 3. Cable fittings and clips shall conform with wire rope manufacturer's recommendations as to size, number, and method of installation. 4. Clips shall be drop forged 'Crosby'. - 5. There shall be two cable clips for each lift line tie -off. 6. Pressed sleeve fittings shall be Nicopress. 7. Eyes shall be formed over wire rope thimbles of correct sizes. - 8. All wire rope rigging shall be installed so as to prevent abrasion or rubbing of the wire rope against any part of the building construction or other equipment; pulleys and sheaves shall be so aligned as to provide a maximum fleet angle of two degrees; mule blocks, cable rollers, guides and sag bars shall be installed as required to provide proper alignment. G. Trim Chains: 1. Trim chains shall be '/," grade 30 proof coil chain 30" long with a 1/4 threaded chain connector (Quick link) on one end. 2. The threaded connector shall be rated at not less than 800 lbs. capacity and shall have the rating stamped on each unit. 3. Trim chains shall be installed on truss end of each support line. H. Truss: 1. Provide one (1) 40' 0" aluminum truss assembly for attachment to motorized rigging. 97084 16405-7 2. The truss shall be four (4) 10' sections of 12" 60' equilateral triangular truss, , manufactured using 2' x .080' wall main tubes, %' x .080' wall diagonals and provide double -ended connecting forks for assembly. 3. Truss assembly shall be "Super-Lite" as manufactured by James Thomas Engineering of Knoxville, Tenn. or approved equal. I. Cable Reel: I 1. Provide one (1) electrical spring -loaded cable reel assembly to allow for cable management of the motorized line -shaft rigging set. 2. The cable reel shall be capable of providing six (6) twenty amp 120V circuits, six (6) 120/208V three phase circuits to the truss assembly; as well as one (1) DMX-512 control cable. t 3. The cable reel shall be as manufactured by Gleason Reels or approved equal. 2.03 MOTORIZED RIGGING SETS REQUIRED A. Provide 1 (one) Type 1 winch set consisting of (but not limited to) the following: N Capacity 2,200 lbs. Speed 18fpm Amount of Travel 30'00" Drum Diameter 8" Cable Size '/4' Number of Drums 4 Type of Limit Switches Overtravel 2.04 DIMMER RACKS A. The dimmer rack shall be provided with wired spaces for all circuits. Dimmers shall be provided for all base circuit and blank modules provided for all expansion circuits. B. The dimmer racks shall house all dimmer modules, control electronics, and branch circuit breakers. Provide module and breaker quantities as indicated below. System shall have the performance features that follow. 1. Rack shall be UL Listed and labeled. 2. Rack shall employ dead front construction of code gage steel. 3. Each rack must have a hinged locking door. 4. Each rack must have an electrostatic air filter. 5. Ventilation shall be by a low -noise fan activated by DMX level data. 6. In the event of an over -temperature situation, each dimmer shall be shut down independently as required. Systems that shut the entire rack down upon over -temp will not be accepted. 7. Each 48-module dimmer rack shall be provided with a keypad and LCD display for rack configuration, backup and fault indication. 8. Each rack shall maintain active scene for a user programmable period after loss of DMX-512 signal from console. 97084 16405-8 I 9. Standard aontrol format shall be USTTT DMX 512. Dimmer rack CENT must accept tvva independent DMX signals concurrently in a highest -takes -precedence manner for each dimmer. 10. Rack shall store a minimum of thirty-two user programmable back-up looks, which may be activated in case of loss of control signal. 11. Each dimmer must include discrete "boost" feature to allow over -voltage output to compensate for voltage drop in branch wiring and allow a true 120 volts at the fixture lamp or "trim" maximum voltage output to lengthen lamp life. 12, Each rack shall include a beacon, which shall flash to indicate failures. 2.05 DIMMER MODULES A. Dimmer modules shall be plug-in types. No more than two dimmers per module will be accepted. B_ Modules shall be assembled of aluminum or steel. Dimmer modules with housings manufactured of plastic or a flammable material will not be accepted. C. Each dimmer module shall contain fully magnetic circuit breakers(s), solid state switching module(s), choke(s), and connectors. D. Each dimmer must have the discreet capability to operate in a dimmed or a non -dimmed mode. This function shall be selectable from the control console or the rack -mounted keypad. E. Each dimmer circuit shall use solid stake switching devices consisting of two silicon controlled rectifiers in an inverse parallel configuration, snubber network and all required gating circuitry on the high voltage side of an integral opto-coupled control voltage isolator. F. Dimmer modules shall include toroidal filters to reduce lamp filament sing and limit the radio frequency interference on line and load conductors. The current rise -time shall be not less than 350 microseconds measured at 90-degree conduction angle from 10-900% of the output waveform with the dimmer operating at rated load. G. Power efficiency shall be at least 97% at full load. H. Dimmer shall accept hot patching of an incandescent load up to the full capacity of the dimmer. I. Dimmer output shall be regulated for incoming line voltage variations except that the output voltage cannot be increased above a level equal to line voltage less dimmer insertion drop. Line regulation shall be +/--1V over a 90-140 volt range for changes up to 10%. Load regulation shall be +/- 2V for 1-100% of rated current, Dimmers shall employ a scheme for compensation for harmonic distortion of the power line for any variation in load. 1. Response to control shall be less than 25 milliseconds. 97084 16405-9 2.06 DIMMER FEEDBACK SYSTEM A. Rack shall be provided with a feedback network to provide rack performance data to the control console. The network shall provide operational information, which shall be displayed on the rack -mounted LCD display and on the control console color monitor. Hand-held remote does not meet this requirement. B. System shall annunciate DMX port errors at the rack and control console. C. System shall annunciate backup cue errors at the rack and control console. D. System shall annunciate individual phase voltages and power frequency at the rack and control console. E_ System shall annunciate control link address and recorded error log status indicators at the rack and control console. F. System shall annunciate panic status at the rack and control console. G. System shall annunciate airflow obstruction errors at the rack and control console. H. System shall monitor cabinet temperature and annunciate over -temperature at the rack and control console. I. System shall be Sensor by ETC. 2.07 CONTROL ELECTRONICS A. Control Electronics shall be plug-in module(s). A discreet keypad and LCD display shall be provided for each rack section of 96 dimmers. The control electronics shall provide the following functions: 1. Thirty-two user programmable back-up looks shall be provided in case of loss of control signal and may be recalled from the rack keypad(s) remote station(s) and the control console. 2. Dimmer multiplexing control: this optional feature allows each dimmer to be switched into multiplex mode. This function shall allow discrete control of two separate fixtures from one dimmer. This shall be accomplished by plugging in a multi-plexer at the fixture location and use of fixtures capable of multiplexing. 2.08 HANDHELD CONTROL UNIT A. General: 1. The handheld control unit shall be the Sensor Handheld Control unit as manufactured by Electronic Theatre Controls, Inc., or equal. The Sensor handheld Control unit shall be a wired remote control device on the ETCLink network that duplicates the functions of the Sensor Control Electronics Module (CEM). 97084 16405-10 2. The unit shall offer direct dimmer control using the same syntax as the Control Electronics Module. The Handheld Unit shall allow the following functions: a. Ability to Control dimmer outputs b. Ability to Record and Playback Backup Looks C. Ability to Configure Rack and dimmers d. Monitoring of the dimmer system and individual dimmers e. Enabling Multiplexing Dimming 3. The Handheld Unit shall be functional with distributed dimming systems in conjunction with other Handheld Units and shall not require the presence of a control system to function. A Sensor dirruning system with the ETCLink network shall support up to 5 Handheld Units. The Handheld shall connect to the ETCLink network via aRJ45 data connector. Connectors shall be provided on both the bop and bottom of the unit. It may be plugged directly to a CEM or adapted to plug into an ETCLink wallplate, 4. A two-line-by-20-character backlit LCD shall be provided for system configuration, testing and diagnostics. The LCD shall also display rack status and error messages. A 24-key control pad shall be provided with the following keys: [Dimmer], [About], [Backup], [Setup], [AB], [At], [Exit], [Next], [Thru], [Clear], [�], [n], [G], [Enter[ and ten numeric keys. 5. A LED status indicator (beacon) shall be visible on the front of the unit. In normal operation conditions, this LED is illuminated. If the rack's control module senses an error condition, the beacon shall flash until the error is corrected. 6. A power switch shall be mounted on the bottom to control AC power input. The unit shall operate on 8 to 16 VDC via the ETCLink wiring. A termination switch shall also be provided the termination of the ETCLink network if necessary. B. Physical: 1, The Handheld Control Unit shall be 5" wide, 6.5" deep and 1.5" high. The unit shall be made of .080" sheet metal, finished in fine -texture, scratch -resistant, black powder coat. Silk screened graphics shall be white. 2. Similar controls shall be available in a 19" rack mount unit - Sensor Rack Mount Control Unit. 2.09 REMOTE PLUG-IN STATIONS A. The Remote Plug-in Stations shall consist of the appropriate connectors required for the system in use. These stations shall be available with DMX input or output, Remote Focus Unit, ETCNet, ETCLink or architectural control connectors. Custom control connectors shall be available. B. The following standard components shall be available for Remote Plug-in Stations: 1. 5-Pin male XLR connectors for DMX input 2. 5-Pin female XLR connectors for DMX output 3. 6-Pin female XLR connectors for RFU connections 4. 6-Pin female XLR connectors for ETCLink connections C. Custom combinations and custom control connections shall be available. 1 97084 16405-11 D. Station faceplates shall be .80' aluminum, finished in fine texture, scratch -resistant black powder coat. Silk screened graphics shall be white. E. The station panel shall mount into an industry standard back box, depending on size and quantity of connectors. A terminal block shall be supplied for contractor terminations. 2.10 DMXNET DISTRIBUTION NETWORK A. Provide a DMX distribution network with discrete optical isolation. The network shall consist of input and output receptacles as indicated on the drawings for distribution of one universe of DMX-512 data This data shall be unique from the DMX-512 universe used to control stage and houselight dimmers. Provide type and quantity of receptacles as indicated on drawings. Provide one network power supply sized for specified devices. B. Provide one input receptacle adjacent to each DMX-512 receptacle provided for control of the stage and houselight dimmers. Each input receptacle shall provide a 5-pin XLR style connector for input of DMX-512 data from a control console. Each input shall provide an optically isolated input with auto prioritization that prevents simultaneous inputs from multiple receptacles. Provide a connectorized terminal strip for field wiring. Each receptacle station shall be provided with a bi-color LED indicator for display of one of three states: 1. Ready for data 2. Disabled 3. Enabled with data present C. Provide one output receptacle at each location indicated on the drawings. Each output receptacle shall provide a 5-pin XLR style connector for output of DMX-512 data from the network Each output receptacle shall provide an optically isolated output. Each receptacle station shall be provided t with an LED indicator to indicate active data. Provide a connectorized terminal strip for field i wiring. D. Provide one Gridiron DMXNet J-box with output module and associated pipe mounted output receptacle at each location as indicated on the drawings. Each gridiron DMXNet J-Box shall contain an output module PCB with connectorized terminal strip type 1/0 connections and strain relief for output drop cable. Strain relief shall be liquidtight, corrosion resistant nylon with spiral tail similar to Hubbel HJ1015G, Drop cable shall be ProPlex type PC224T. Each pipe mounted output receptacle shall consist of a pipe mounted extra deep back box, strain relief and 5-pin XLR style connector for output of DMX-512 data from the DMXNet J-Box. E. A factory -authorized technician shall perform all field wiring terminations, end -of -line termination and testing. F. DMX distribution network shall be DMX-Net by EJCI. 97084 16405-12 i 5 2.11 DISTRIBUTION A. Wiring devices shall be fabricated from 16-gauge cold rolled steel. Devices shall be properly cleaned, primed and painted with flat black baked enamel. Circuit numbers shall be 2" high. B. Individual pigtails and outlets shall be evenly spaced in connector strips, or as otherwise specified. Where a circuit would fall on a joint it shall be moved 3" towards the junction box end of the strip. C. Pigtails shall be three -wire type "SO" rubber jacketed cable sized for the circuit capacity. Connectors are 20A stage pin connectors. Internal wiring shall be sized to circuit capacity and terminated in feed through compression terminals at one end for ease of installation. Wire shall be rated at 125°. D. Devices except for wall mounted boxes shall be supplied with appropriate hardware for mounting as shown on the drawings. Connector strips shall have brackets on 5' centers. E. For connector strips provide multi -conductor SO type cable(s) as required to allow all devices to fly within 3' above finished floor. F. Provide two (2) cable strain relief grips and one (1) cable cradle for each section of multi - conductor cable. Units to be sized for proper fit and function. G. Plug boxes shall be mounted as indicated with scheduled circuit outlets. H. Wiring devices shall be UL Laboratories Listed. 2.12 BILL OF MATERIALS ITEM QTY DESCRIPTION 1. 2. 1 1 SR48 Dimmer Rack with 53 dual 2AK dimmer modules CEM module 3. 15 Dual 2.4 K modules installed in existing dimmer rack 4. 10 Airflow Modules 5. 1 Sensor Hand -Held Remote 6. 1 Expression 3 Moving Light Module 7. 1 ECPB/DMX/LINK Plug -In Station 8. 1 ECPB/RFU Plug -In Station 9. 3 DMXNet surface mount input stations 10. 5 DMXNet surface mount output stations 11. 1 DMXNet pipe mounted output station 12. 10 Gridiron DMXNet r-Boxes with output module and strain reliefs 13. 10 Pipe mounted DMXNet output jacks with strain reliefs 14. 1 DMXNet power supply 15. 1 Front of House Motorized Line Shaft Truss Assembly pq_ 97084 16405-13 6 16. 1 Connector Strip for Front of House Truss Assembly 22' long, 6 circuit L520R and DMX-512 17. 1 Cable Reel Assembly 18. 1 Connector strip 50' long with 20 - 6' pigtails and 20A GTL connectors wired on 20 - 20A circuits plus 11 hanging brackets complete with 8720 gridiron junction box, SO multiconductor cable, cable cradles, cable clamps and strain relief. 19. 3 Connector strips 50' long with 32 - 3' pigtails and 20A GTL connectors wired on 28 - 20A circuits plus 11 hanging brackets complete with 8715 gridiron junction box, SO multiconductor cable, cable cradles, cable clamps and strain relief. 20. 1 Connector strip 50' long with 49 - 3' pigtails and 20A GTL connectors wired on 41 - 20A circuits plus 11 hanging brackets complete with 8720 gridiron junction boat, SO multiconductor cable, cable cradles, cable clamps and strain relie€. PART 3 - EXECUTION 3.01 INSTALLATION A. Install all new equipment and rewire existing equipment, all in compliance with national and local electrical codes. Auxiliary equipment required to make this installation comply with codes, even if not listed in the specification, is the responsibility of the bidder and must be included in the bid price. B. All wiring shall be done in a craftsman -like manner. When conductors must be spliced to extend length, it shall be done with a terminal strip or suitable type compression fittings. C. Equipment shall be kept clear of all metal shavings, wire scraps, and miscellaneous trash. Any abandoned holes in the floor shall be patched. D. Any existing conduit emanating from the floor shall be dressed in such a manner as to eliminate any trip hazard. Conduits shall be re-routed or terminated into wire -ways to insure a neat installation. E, All equipment shall be installed in compliance with applicable local and national codes. It shall also be installed in accordance with the manufacturer's recommendations. Prior to initial energizing, the system shall be inspected by a factory certified technician and any errors shall be corrected. F. All numbered circuits shall be connected to the associated dimmer number in the new dimming system. Re -number distribution where required, END OF SECTION 97084 16405-14 1-1 I 1 1 SECTION 16410 DIMMING SYSTEM CIVIC CENTER BANQUET MALL PART 1 -GENERAL 1.01 INTENT A. The intent of this specification is to define parameters for furnishing and installing a complete and working new dimming and control system. The systems are designed to meet specific operational requirements of Lubbock Civic Center Banquet Hall, Lubbock, TX. Performance deviations will not be accepted. A mandatory pre -bid conference will be held as indicated in the bid documents. All bidders must attend this conference. B. All work must be done in compliance with the National Electric Code and applicable local codes. All equipment, wiring and appurtenances necessary for a complete, working and code compliant installation are included in the bid requirements, whether detailed or not. 1.02 SCOPE OF WORK A. Work under this section shall include the furnishing of all labor, materials, tools, transportation services, supervision, etc., necessary to complete the installation of new stage equipment as detailed in these specifications and accompanying documents; or as directed by the Owner or his Representative. 1.03 DRAWINGS A. The owner shall be supplied with two sets of "as -built" drawings. Two operations and maintenance manuals, covering all major items installed, shall be provided for each of the venues. 1.04 SUBSTITUTIONS A. Specific items of equipment are listed by trade names. The Owner has determined that these are the particular items desired by the Owner and, that they have established a standard of quality, equipment function and/or process. It is not the purpose nor intent of these documents to eliminate competitive bids. In order to allow proper and fair comparison of pricing, each contractor is required to submit his base bid price on the specified equipment. A contractor may submit an alternate bid based on equipment different from that specified. Accompanying each alternate bid shall be a letter specifically detailing each substitution including catalog data, specifications, operative samples, technical information, drawings, performance and test data, and complete descriptive and functional information to assist in a fair evaluation. Failure to submit any substitution or not providing sufficient data for evaluation shall require the exact item specified to be 97084 16410-1 furnished. Owner's approval of a substitution for bid purposes will not relieve the contractor from the responsibility of meeting all specification criteria. If an approval of a substitution is granted, the Contractor shall be fully responsible for any and all changes such substitution shall require. 1.05 QUALITY ASSURANCE A. To ensure a uniform installation and single responsibility, one manufacturer shall provide all dimming system components. This manufacturer shall have manufactured electronic lighting controls for a minimum of 10 years and not be in, or in the process of seeking, bankruptcy. Furthermore, the products being proposed shall not have been associated in any way with a bankruptcy action during the last five years. Mixing of equipment brands will not be accepted. B. Manufacturer shall provide local on -site service for the system for a period of two years from date of acceptance by the Owner. A service facility, including at least one full-time technician and a spare parts inventory, shall be located within 300 miles of the job site. A factory -employed technician or a third -party maintenance company may provide this obligation. This person or firm must be regularly engaged in the service of dimmers. A salesperson or sales agent without dedicated service personnel does not meet this requirement. The manufacturer shall also guarantee to provide 24-hour per day toll -free telephone technical support available for two years after the system is accepted by the owner. C. This specification details specific operational and functional needs of the owner. Deviations from the performance requirements will not be accepted from any supplier. Contractor assumes the responsibility of removing any non -complying material discovered during the warranty period and replacing it with specification compliant equipment. 1.06 STAGE EQUIPMENT CONTRACTORS A. It is the intent of the Owner to have a stage equipment contractor who has experience in the installation of stage equipment to provide all equipment specified. One company shall be responsible for the installation of all aspects of the stage equipment as specified in this section. This shall include but not be limited to all rigging, curtains, tracks, motors and control, stage lighting fixtures, stage/house dimming and dimming controls and miscellaneous equipment. B. The Stage Equipment Contractor shall employ only fully trained stage riggers and mechanics, assisted by common laborers, for the erection of the stage equipment. The stage riggers shall be completely familiar with the type of equipment to be installed. A competent Job Superintendent shall be on the job at all times when work is in progress. He shall represent the Stage Equipment Contractor and all directions given by him shall be as binding as if given by the Stage Equipment Contractor. 97084 16410-2 1 1 1.07 RIGGING EQUIPMENT MANUFACTURERS A. For the purposes of establishing a standard of quality desired on this project, the rigging hardware products of H & H Specialties, Inc. of South El Monte, California are specified. Other stage equipment hardware with prior approval for bidding shall be any and all companies (not an individual) that are contributing members or sustaining members in good standing with United States Institute of Theatre Technology (USTI) at the time of the bid will be considered. Specific items of hardware by an approved manufacturer must still meet the criteria established in these specifications for those items. The rigging hardware products of other manufacturers that are not members of USITT may not be used int he construction of this project. 1.08 REFERENCE STANDARDS A. All dimming equipment, where applicable standards have been established, shall be built to the standards of Underwriters Laboratories, Inc., the National Electric Code, and the United States Institute for Theater Technology. 1.09 SERVICES A. Services of a qualified technician, representing the manufacturer, and employed full time in the service of control systems, shall be provided. He shall terminate all low voltage control wiring, inspect the installation, and energize the system. He shall also instruct the owner in proper operation and maintenance of the system. B. During the warranty period, the manufacturer shall provide a toll -free 24-hour-per-day number for telephone technical support and service request. 1.10 WARRANTY A. The owner shall provide a two (2)-year warranty on the entire lighting control system from date of acceptance. PART 2 - PRODUCTS 2.01 DRvRdER RACKS A. The dimmer rack shall be provided with wired spaces for all circuits. Dimmers shall be provided for all base circuit and blank modules provided for all expansion circuits. Provide base circuits indicated in bill of materials B. The dimmer racks shall house all dimmer modules, control electronics, and branch circuit breakers. Provide module and breaker quantities as indicated below. System shall have the performance features that follow. 1. Rack shall be UL Listed and labeled. 2. Rack shall employ dead front construction of code gage steel. 97084 16410-3 3. Each rack must have a hinged locking door_ 4. Each rack must have an electrostatic air filter. 5. Ventilation shall be by a low -noise fan activated by DMX level data. 6. In the event of an over -temperature situation, each dimmer shall be shut down independently as required. Systems that shut the entire rack down upon over -temp will not be accepted. 7. Each 48-module dimmer rack shall be provided with a keypad and LCD display for rack configuration, backup and fault indication. 8. Each rack shall maintain active scene for a user programmable period after loss of DMX-512 signal from console. 9. Standard control format shall be USITT DMX-512. Dimmer rack CEM must accept two independent DMX signals c6ncurrently in a highest -takes -precedence manner for each dimmer. 10. Rack shall store a minimum of thirty-two user programmable back-up looks, which may be activated in case of loss of control signal. 11. Each dimmer must include discrete "boost" feature to allow over -voltage output to compensate for voltage drop in branch wiring and allow a true 120 volts at the fixture lamp or "trim" maximum voltage output to lengthen lamp life. 12. Each rack shall include a beacon, which shall flash to indicate failures. 2.02 DIMMER MODULES A. Dimmer modules shall be plug-in types. No more than two dimmers per module will be accepted. B. Modules shall be assembled of aluminum or steel. Dimmer modules with housings manufactured of plastic or a flammable material will not be accepted. C. Each dimmer module shall contain fully magnetic circuit breakers(s), solid state switching module(s), choke(s), and connectors. D. Each dimmer must have the discreet capability to operate in a dimmed or a non -dimmed mode. This function shall be selectable from the control console or the rack -mounted keypad. E. Each dimmer circuit shall use solid state switching devices consisting of two silicon controlled rectifiers in an inverse parallel configuration, snubber network and all required gating circuitry on the high voltage side of an integral opto-coupled control voltage isolator. F. Dimmer modules shall include toroidal filters to reduce lamp filament sing and limit the radio frequency interference on line and load conductors. The current rise -time shall be not less than 350 microseconds measured at 90-degree conduction angle from 10-90% of the output waveform with the dimmer operating at rated load. G. Power efficiency shall be at least 97% at full load. 97084 16410-4 H. Dimmer shall accept hot patching of an incandescent load up to the full capacity of the dimmer. I. Dimmer output shall be regulated for incoming line voltage variations except that the output voltage cannot be increased above a level equal to line voltage less dimmer insertion drop. Line regulation shall be +/- 1V over a 90-140 volt range for changes up to 10%. Load regulation shall be +/- 2V for 1-100% of rated current. Dimmers shall employ a scheme for compensation for harmonic distortion of the power line for any variation in load, J. Response to control shall be less than 25 milliseconds. 2.03 DINLMER FEEDBACK SYSTEM A. Rack shall be provided with a feedback network to provide rack performance data to the control console. The network shall provide operational information, which shall be displayed on the rack -mounted LCD display and on the control console color monitor. Hand-held remote does not meet this requirement. B. System shall annunciate DMX port errors at the rack and control console. C_ System shall annunciate backup cue errors at the rack and control console. D. System shall annunciate individual phase voltages and power frequency at the rack and control console. E. System shall annunciate control link address and recorded error log status indicators at the rack and control console. F. System shall annunciate panic status at the rack and control console. G. System shall annunciate airflow obstruction errors at the rack and control console. H. System shall monitor cabinet temperature and annunciate over -temperature at the rack and control console. I. System shall be Sensor by ETC. 2.04 CONTROL ELECTRONICS A. Control Electronics shall be plug-in module(s). A discreet keypad and LCD display shall be provided for each rack section of 96 dimmers. The control electronics shall provide the following functions: 1. Thirty-two user programmable back-up looks shall be provided in case of loss of control signal and may be recalled from the rack keypad(s) remote station(s) and the control console. 97084 16410-5 I 2. Dimmer multiplexing control: this optional feature allows each dimmer to be switched into multiplex mode. This function shall allow discrete control of two separate fixtures from one dimmer. This shall be accomplished by plugging in a multi-plexer at the fixture location and use of fixtures capable of multiplexing. 2.05 CONTROL CONSOLE A. Console shall be a memory lighting control console designed to provide complete control of solid state lighting and entertainment control devices suitable for professional use in television, theatrical, live concert and audio-visual display applications. Provide one control console complete with one 6-foot power cord, one 25-foot DMX cable, and one 25-foot feedback cable. Approved console is ETC Expression 3 with Sensor, Expression 3 and Net software. B. The console shall have a minimum of the following features: 1. 600 cues per show 2. 500 groups 3. Up, Down, and Wait times for each cue 4. 800 control channels 5. Three DMX 512 outputs, 1536 channels 6. Recordable time fade and wait time on all submasters 7. Individual up time, down time, and hold time for cues 8. 24 overlapping submasters with 10 pages of submaster memory 9. 2000 recordable macros 10. Two timed/manual fader pairs 11. Overlapping inhibitive or pile -on submasters 12. 24 submasters with bump buttons and integral LED's 13. Cues may be linked to other cues 14. Macros may be linked to cues and cues may be linked to other cues 15. 10 factory -programmed profiles 16. Help key to display an individual help screen for each console key 17. Monitor display with the ability to display level status of all control channels simultaneously 18. Floppy disk storage for off-line storage of shows in a format that is compatible with IBM-PC computer disk drives. 19. Two high -resolution wheels and 5 multi -function encoders shall be provided to control level and rate, linked channel groups, or specific fixture attributes. 20. Control and programming features for automated fixtures shall also include: a standard personality library, a fixture patch including channel and DMX addressing,16-Bit fade resolution, and attribute categories (Beam, Image, Color and Position). 21. Numeric, function, and macro keys on console 22. Two high resolution wheels for level and rate control as well as moving light control and x-y pan tilt 23. Two high resolution color monitors 24. Outputs for a parallel printer that is IBM-PC compatible 97084 16410-6 n 1 Y I WM so r 25. Display of system fault indicators: DMX Port errors, Incoming power under (<90 VAC) or over (>140 VAC) voltage, airflow obstruction in rack, System over or under - temperature, Backup cue errors 26. Display of system status indicators: individual phase voltages, power frequency, control link address, recorded error log 27. Display of backup function indicators: check panic status, record backup cues 28. Ability to edit dimmer attributes (Example: dim/non-dim) 29. Supports an alpha -numeric keyboard 30. Flexi-channel mode to allow display of show channels only 31. Ability to park dimmers, channels or groups at fixed levels 32. Sub -routine for cue based effects 33. Interfaces with Designer's Worksheet digitizer tablet 2.06 EDIT FUNCTION A. Control system shall contain an IBM-PC compatible show editing system, making it possible to create or modify show information on a computer without using the console. Editing shall be accomplished by using the function keys and selected alpha -numeric keys in a syntax similar to the lighting console, with on -screen menus, prompts, and help features to guide the user. Shows and their components may be arranged and saved in new configurations. An evening's program may be compiled from any portion of the existing repertory of cues. B. The edit function shall make it possible, through ASCII text files, to import information from other software programs, or to send via modem to another location. Through the print menu options, using the PC's parallel port, it shall be possible to create a hard copy of show information, or to determine the differences between two show files. C. Edit function shall provide the following features and functions: 1. Runs on an IBM PC, AT, PS-2 or compatible computer. 2. Parallel printers are supported. D. Edit function shall be available for free download on Internet or disk and hard copy documentation shall be provided. 2.07 REMOTE FOCUS UNIT A. The Remote Focus Unit shall be a rugged hand held remote which will allow the user to set channel levels, check dimmers, or run cues from any location in the theatre. Fade times, channel levels, and cue numbers shall be able to be viewed on three LED displays. Stage and blind modes shall allow for easy cue composition and playback. Unit shall be compact to allow easy interface with the console and include a 50'cable connector. 97084 16410-7 2.08 REMOTE PLUG-IN STATIONS A. The Remote Plug-in Stations shall consist of the appropriate connectors required for the �► system in use. These stations shall be available with DMX input or output, Remote Focus Unit, ETCNet, ETCLink or architectural control connectors. Custom control connectors shall be available. _ B. The following standard components shall be available for Remote Plug-in Stations: 1. 5-Pin male XLR connectors for DMX input 2. 5-Pin female XLR connectors for DMX output 3. 6-Pin female XLR connectors for RFU connections 4. 6-Pin female XLR connectors for ETCLink connections C. Custom combinations and custom control connections shall be available. D. Station faceplates shall be .80" aluminum finished in fine texture, scratch -resistant black powder coat. Silk-screened graphics shall be white. E. The station panel shall mount into an industry standard back box, depending on size and quantity of connectors. A terminal block shall be supplied for contractor terminations. 2.09 UNISON EXTERNAL PROCESSING RACK A. The External Processing Rack shall be a surface mounted enclosure constructed of 18 gauge formed steel panels with a hinged, lockable full -height door containing an integral electrostatic air filter. Filter shall be removable for easy cleaning. The rack door shall have an opening to allow limited access to the control module face panel. B. All rack components shall be properly treated and finished. Exterior surfaces shall be finished in fine textured, scratch resistant, powder based epoxy paint. Top, bottom, and side knockouts shall facilitate conduit entry. C. Rack shall also be available in a 19' rack mounted version. D. The External Processing Rack (ER4) shall consist of four module spaces designed to house control andlor option modules. Rack dimensions and weights (without modules) shall not exceed: ER4 16.45"H x 15.5W x 8.6' D 19.4 lb. E. Option modules include: Contact Closure, Repeater and Airflow. F. ER4 racks containing a CME or CMEi control modules shall also contain an integral electrostatic air filter and a single low -noise fan. The fan shall maintain the temperature of all components at proper operating levels, provided the ambient temperature of the dimmer room does not exceed 40°C/104'F. 97084 16410-8 G. External Processing Racks shall be available in 120, 230 and 277 volt, single-phase configurations. H. External Processing Racks shall be completely pre -wired by the manufacturer. The c o n t r a c t o r s h a 1 1 be required to provide input and control wiring. I. All control wire connections shall be terminated via factory provided connectors. 2.10 UNISON ARCHITECTURAL PROCESSOR UNIT A. The Unison processor unit is the electronic center of the Unison architectural controls s y s t e in The Sensor integrated Unison processor unit shall support 32 wall stations or remote d e v i c e s i n any number of rooms. A maximum of 512 DMX512 dimmers may be assigned to one of 128 system control zones. A maximum of 250 presets and system events shall be allowed. The processor shall receive inputs from wall stations, lighting control consoles, Windows" based PCs, and/or third party devices. It shall process the information and distribute it to dimmer racks, building management systems, audio/visual systems, and/or other associated devices. A Windows* based configuration program shall allow patching dimmers to zones, with proportional levels and user selectable dimmer output curves; programming presets and system events; naming of presets and channels; and setting room and station assignments. B. The processor unit shall be a microprocessor based, solid state device. The field P programmable system configuration and program information shall be stored in Flash Memory, which does not require battery backup. Systems requiring battery backup memory " shall not be acceptable. A PCMCIA socket shall be provided for system configuration and program information backup and update. Systems without a simple method of backup shall not be acceptable. C. A DMX512 input shall be provided for snapshot input via the Control Electronics Module (CEM) with which it is mounted. This input shall accept level information from any DMX source. The DMX512 input shall be opto-isolated from the rest of the electronics, with the isolation exceeding 1500V. Systems without opto-isolation shall not be acceptable. D. A DMX512 output shall be provided. This output shall transmit level information to dimmers and other DMX devices. E. An Echelon Link Power` network port shall be provided for communications with wall stations, remote interfaces, and other third party network devices. The Link Power network shall utilize polarity -independent, low -voltage Class II unshielded twisted pair (UTP) wiring, type Belden 8471, or equivalent. The network topology may be bus, loop, home -run, or any combination of these three. Systems utilizing a proprietary low voltage station network shall not be acceptable_ 97084 16410-9 F. Operating voltage for the processor shall be provided by the CEM on which the integrated processor is mounted. In the event of power loss, the processor shall return to its last valid state when power is restored. The CEM LCD display and keypad shall provide the user interface for the integrated processor. All contractor terminations shall be via pressure connections on an edge connector mounted terminal strip. G. It shall be possible to record presets, consisting of any number of zones set to any level with an associated fade time. It shall be possible to recall a preset from a pushbutton, remote input, Astronomical Time Clock event (ATC), or macro. H. A macro language shall allow sequences of presets and system events to be stored and recalled. Conditional arguments may be used within a macro to check time or input states. Macros may be assigned to pushbuttons, remote inputs, and/or ATC events. I. An internal ATC shall allow presets and system events to be recalled at a preprogrammed time relative to sunrise or sunset or at a specific time of day. Systems not providing an internal ATC shall not be acceptable. J. A room combine function shall allow adjacent sections of a dividable room to be combined or divided, such that their combined lighting may be controlled from any or all of their wall stations. Room combine functions may be assigned to pushbuttons remote inputs, macro, or ATC events. K. A setup menu shall be provided with the processor. This menu shall be accessed using the LCD display and keypad of the CEM on which the processor is mounted. This menu shall provide basic setup functions. A Windows" based configuration program shall be provided for setup and programming of any size system. All functions of the system may be configured and monitored using this program. Configuration shall not be required in systems with only one room. L. The Unison integrated processor shall be installed in the CEM of a Sensor dimmer rack. 2.11 UNISON REMOTE WALL STATION A. Unison remote stations shall be available with pushbuttons and/or linear potentiometers. There shall be a variety of standard stations. Custom or semi -custom stations shall be available from the factory. B. Standard preset stations shall consist of one, two, five, or ten programmable pushbuttons with integral green LEDs. These pushbuttons shall normally activate user programmable presets. The LEDs shall identify the active preset. When a preset is selected, the LED shall change to full intensity. Each preset shall have a discrete fade time, programmable from zero to 1000 hours with a resolution of one millisecond. Systems with lesser fade time resolution shall not be acceptable. It shall be possible to reassign pushbuttons to manual, record, lockout, raise, lower, macro, or room combine functions via a Windows' based 97084 16410-10 t it configuration program. Systems not allowing pushbutton reassignment shall not be acceptable. C. Standard slider stations shall be available with four, seven, ten, thirteen, or sixteen 45- millimeter linear potentiometers, each with an associated green LED. Slider stations shall additionally contain manual, record and preset pushbuttons, all with integral green LED indicators. Stations with four, seven or ten potentiometers shall contain five preset recall pushbuttons. Stations with 13 or 16 potentiometers shall contain ten preset recall pushbuttons. The manual button shall be used to activate all sliders on the station. The record button shall be used to store the current lighting levels in the room to a preset button. Preset buttons shall activate user programmable presets. It shall be possible to reassign any pushbuttons to preset, manual, record, lockout, raise, lower, macro, or room combine functions. The left -most potentiometer shall function as the master slider for the station. All remaining potentiometers shall each be assigned to one zone. It shall be possible to take control of a zone by matching its potentiometer to the current zone level. A green LED shall indicate when the potentiometer has control of its zone. It shall be possible to reassign any potentiometer to function as a master, zone, or preset. Systems not allowing this reassignment shall not be acceptable. Graphics scaled from zero to ten shall be provided to indicate output level. D. Remote station wiring shall be an Echelon® Link Power network. The Link Power network shall utilize low voltage Class H unshielded twisted pair (UTP) wiring, type Belden 8471, or equivalent. The network topology may be bus, loop, home -run, or any combination of these three. Network connectors shall be provided with alf stations. Systems utilizing a proprietary low voltage station network shall not be acceptable. rll E. Operating voltage shall be provided by the Link Power power supply via the Echelon Link Power network. In the event of power loss, the station shall return to its last valid state when power is restored. F. Station face panels shall be black. There shall be no visible fasteners on the face panel. The stations shall mount in North American industry standard back boxes from one to seven gang in size_ 2.12 PORTABLE TRUSS SYSTEM A. Provide three (3) 7'7" sections of Pre -Rig Truss with one (1) six -circuit pre -wired lamp bar per truss section. The truss assembly will be furnished to the owner for installation of Source Four Par fixtures. B. Provide 30' x 26" aluminum truss manufactured from 6082-T6 2' x .125' wall tube & 1" x .125" diagonals. IC. Provide 4" castors and Camloc release system. 97084 16410-11 D. Pre -Rig Truss is manufactured by James Thomas Engineering of Knoxville, Tenn. or approved equal. 2.13 TRUSS CABLES A. Provide truss power feeder cables to feed power to lamp bars in Pre -Rig truss. B. Each cable shall be provided with a "fan -out" cable breakout assembly. The fan -out shall have female twist -lock receptacles on staggered pigtails. The first circuit shall have an 18" pigtail & the remaining shall follow on 18" centers ( pigtail 2 is 36", pigtail three is 54', etc.). C. Cables shall be 'ProCable" PC 14/14 with 19 pin VSC connectors as manufactured by TMB Associates of Burbank, CA. or approved equal. 2.14 CEILING OUTLET BOX A. This assembly shall consist of a 16 gauge, cold rolled steel housing designed for recessed mounting in the ceiling. B. The box shall have three 19-pin 18 x 1.5 VSC multi -pin receptacles mounted on a 14-gauge steel receptacle plate. C. The box shall be completely prewired at the factory & come with all mounting hardware required for installation. D. Finish shall be black matte enamel. 2.15 SOURCE 4 PAR - 575W A. The instrument shall be a Source Four par spotlight as manufactured by Electronic Theatre Controls, Inc., or approved equal. B. The instrument shall utilize a 575-watt HPL lamp which is a compact tungsten filament contained in a krypton -filled quartz envelope. 1. The lamp shall mount axially within the reflector and shall be prefocused within the reflector. 2. The lamp base shall have a integral die cast aluminum heat sink that reduces seal temperature and ensures proper lamp alignment. 3. The lamp socket shall be ATP 220 nickel gold plated. 4. All versions of the instrument shall use only lamp type, the BPL lamp. Fixtures, which require the purchasing of multiple lamp types to achieve different field angles, shall not be acceptable. 97084 16410-12 1 C. The spotlights are constructed of rugged, die cast aluminum, free of burrs and pits, finished in black, high temperature epoxy paint. Tools shall not be required for cleaning the reflector or lens D. The spotlight shall provide, but not be limited to: 1. Integral cable clamp for power leads 2. High impact, thermally insulated knobs 3. Sealed reflector housing shall prevent all light leaks. Temperature control of reflector is obtained through 17 heat sink fins cast into the housing. 4. Interior of unit shall contain ten baffles to eliminate beam scattering and spill light. 5. Lamp socket shall be held into place by a brass self retaining screw. 6. Lens shall be secured with cast bosses and high temperature bronze spring release. No tools shall be required to change lenses. 7. Sturdy gel frame holders with two accessory slots and a top mounted, quick release gel frame retainer 8. Rugged steel yoke with two mounting positions 3 003 + Rotation of fixture within yoke 9. Positive locking, hand operated yoke clutch 10. Each unit shall be provided standard with colorframe and 36" bare lead. 11. Unit shall be nominally 11'long by 10" wide 12. Weight without "C" clamp shall be 8 lbs. E. The spotlight shall be UL and CUL approved F. It shall be possible to change field type of the spotlight through interchangeable lenses. No tools shall be necessary for lens changing. 3603 Beam rotation shall be possible while the unit is active. No tools shall be necessary for lens rotation. Fixtures which require user to touch the lamp or lamp socket to orientate the beam shall not be acceptable. G. Interchangeable lens sets shall consist of clear, very narrow spot, narrow spot, medium flood, and wide flood. Lenses shall be heat resistant, borosilicate glass. H. Beam orientation of MFL and WFL lenses shall be possible through rotation of lenses in a rotatable collar housed in the front of the unit. Collar shall be a high temperature heat resistant rotating collar with finger holds for precise movement. I. The optical train shall combine a compact filament lamp with modified parabolic and multifaceted reflector. Reflector efficiency shall be a minimum of 93%. Reflector shall be cast into a heat sink assembly. Reflector finish shall be an enhanced aluminum deposition. Reflectors of pressed aluminum sheet construction shall not be acceptable. 2.16 DMX/RELAY PANEL A. Each DMX Relay Panel shall contain up to 40 mechanically held relays that may be controlled by local switches, master switches and USITT DMX-512 digital control signals. 97084 16410-13 B. Each relay shall have main contacts rated at 30 amps at up to 277 volts. Each relay may also be provided with optional auxiliary contacts for pilot light indication at remote switches. C. Each relay panel shall consist of an enclosure with hinged cover, prewired interior, power supply, relays, master controller card, and 12-relay driver cards. D. Local switches may be connected to each relay for individual control. E. Multiple switches may be connected to each relay to provide control of the same relay at multiple locations. F. Each panel shall have input terminals for a master On/Off function. G. Each relay may be excluded from the On function, the Off function, or both. H. Master input shall be 3-wire (SPDT) and may be momentary or maintained. I. Each panel shall have input for a DMX-512 digital signal. J. Each relay, or multiple relays, may be programmed to a DMX address. K. Each panel shall have a programmable patch table allowing any combination of relays to be assigned to each DMX-512 address. L. System shall be programmed through rotary switches and a pushbutton record switch. M. User selectable normal (10/sec) or fast (20/sec) relay scan rate shall be provided when groups of relays are assigned to the same DMX-512 address. N. Scan speed shall be programmed with switches on the master card. O. Panels shall be UL listed, and all components shall have connectors for easy plug-in installation. P. Panels shall be manufactured by Edwin Jones Company, Inc. of Dallas, Texas. 2.17 STANDARD ROLLTOP DESK A. Provide standard rolltop desk in Control Room for console equal to HSA, Mishewahe, IN. B. It shall be constructed of 3/4" thick lumber and veneer core Red Oak plywoods for high dimensional integrity, consistency and strength. Front, back and top edges shall be faced with gently rounded solid red oats. 97084 16410-14 C.;� C. Table surface shall be 25.75 inches high with rear table top cable access slot and cable space. bw D. Overall dimensions shall be 45.75" long, 33.5" deep, 32.7" high. Y 1 1 1 1 1 E. Tambours shall be V by 1/2" thick lead by a pair of 3/4" solid oak lead tambours. A flush mounted brass cabinet lock on the side locks the main tambour and all locks shall be keyed alike. F. The lover rack shall be a 10 space extra deep industry standard rock designed to accept deep chassis electronics. The rack shall have a removable rear oak panel. G. Clear vinyl snap -on edge protectors shall cover the bottom edges for protection and to act as guides. H. Finish shall be stained to maintain the natural feel of the wood. Color shall be as selected by the Owner. 2.18 BILL OF MATERIALS ITEM QTY DESCRIPTION 1. 1 SR48 Dimmer Rack with 32 dual 2AK dimmer modules (64 dimmers) 2. 1 CEM 96 electronics module 3. 16 AFM Air Flow Modules 4. 1 Expression 3-800 Memory Control Console with two 14" LCD (flat panel) monitors equal to MultiSync #LA-1422JMW or CTX #PV745 and dust covers. 5. 1 Unison ER4 External Processing Rack 6. 1 Unison Architectural Processing Unit 7. 2 AIR Airflow Option Modules 8. 1 Unison U10001-1017 Control Station 9. 2 Unison U10002-11F Control Stations 10. 2 Unison U10002-11 S Control Stations 11, 2 Unison U10003-1OF Custom Control Stations 12. 1 Unison U10010-11F Control Station 13. 1 Unison U71612-1OF Control Station 14. 1 ECPB/DMX/LINK/RFU Plug -In Stations 15. 2 ECPB-RFU Plug -In Stations 16. 1 CD-25DMX Digital Control Cable 17. 1 CD-25ETCILink Control Cable 18. 1 CD-25RFU (M-M) Control Cable 19. 3 # B0301 Pre -Rig Truss 77" long with VSC pre -wired lamp bar 20. 1 Ceiling Receptacle Box with three (3) VSC 19 pin receptacles 21. 1 15' VSC 19 pin extension cable with fan -out assembly 22. 1 25' VSC 19 pin extension cable with fan -out assembly 23. 1 35' VSC 19 pin extension cable with fan -out assembly 97084 16410-15 0 24. 30 ETC Source Four Par -EA spotlights complete with c-clamp, safety cable, color frames and BPL575/115X lamps. 25. 1 EJC-RCAB-10/115 DMX Relay Cabinet with ten GE RR7 relays. 26. 1 Standard Rolltop Locking Desk for Console PART 3 - EXECUTION 3.01 INSTALLATION A. Install all new equipment and rewire existing equipment, all in compliance with national and local electrical codes. Auxiliary equipment required making this installation comply with codes, even if not listed in the specification, is the responsibility of the bidder and must be included in the bid price. B. All wiring shall be done in a craftsman -like manner. When conductors must be spliced to extend length, it shall be done with a terminal strip or suitable type compression fittings. C. Equipment shall be kept clear of all metal shavings, wire scraps, and miscellaneous trash. Any abandoned holes in the floor shall be patched. D. Any existing conduit emanating from the floor shall be dressed in such a manner as to eliminate any trip hazard. Conduits shall be re-routed or terminated into wire -ways to insure a neat installation. E. All equipment shall be installed in compliance with applicable local and national codes. It shall also be installed in accordance with the manufacturer's recommendations. Prior to initial energizing, the system shall be inspected by a factory certified technician and any errors shall be corrected. F. All numbered circuits shall be connected to the associated dimmer number in the new 0 dimming system. Re -number distribution where required. END OF SECTION 1 97084 16410-16 1