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HomeMy WebLinkAboutResolution - 2001-R0002 - Contract For Coliseum Sound System - Norris Audio Video Systems - 01/11/2001Resolution No. 2001-80002 January 11, 2001 Item No. 14 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 City of Lubbock coliseum sound system renovation per ITB #265-00/RS, by and between City of Lubbock and Norris Audio Video Systems of Amarillo, 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 11th day of January '2001. i y INDY SITfi h , MAYOR ATTEST: Z� Becky Garza, Interim City Secretary APPROVED AS TO CONTENT: Victor Kil an, Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs:ccdocs/Norris Audio Video Sysses Jan 3, 2001 , 77 PR ,g� BOND CHECK BEST RATING 110EN41) IN MASdfTEBY CITY OF LUBBOCK SPECIFICATIONS FOR CITY OF LUBBOCK COLISEUM SOUND SYSTEM RENOVATION BID #265-00IRS " A City Of Planned Progress-,' CITY OF LUBBOCK Lubbock, Texas a City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING .� 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us ITB #00-265/RS, Addendum #3 ADDENDUM #3 ITB #265-00/RS City of Lubbock Coliseum Sound System Renovation MAILED TO VENDOR: November 14, 2000 CLOSE DATE: November 21, 2000 @ 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. Please find enclosed the revised City of Lubbock Bid Form, which includes the three options as stated in the specifications for this project. Also enclosed is the current schedule of events for this facility. 2. In the Specifications, Page 9, Section 2.12, CEILING MOUNTED LOUDSPEAKER ASSEMBLIES has been deleted. 3. In the Specifications, Page 9, Section 2.11, MAIN LOUDSPEAKERS, Item E, #6, Sub1-Sub4 has been changed from TL880D to be XI -2181F. Option #1, Sub5-Sub8 shall also be changed from TL880D to be XI -2181F. On the Drawings, Page 1 SS -1, and Page SS -3, Sub1-Sub8 shall be changed from TL880D to be XI -2181 F. 4. In the Specifications, Page 1, Section 1.3, QUALITY ASSURANCE, please add the following: C. "All rigging hardware must meet or exceed ASTM A 153 standards." 5. Please find enclosed pages R1, R2, and R3 indicating the location and details for a quantity of one (1) additional Mic. Jack to be located in the Skate Room. Also, a quantity of two (2) Key switches with on/off indicators will be required. One at the current location, and one at the Skate Room. 6. The Time for Completion has been changed from sixty (60) consecutive calendar days to be sixty (60) working days. 7. The current sound system must be operational at all events in the Coliseum during the completion of this project. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to or Email to: 265-00/Rsadd3 r"R Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)775-2164 Rshuffield@mail.ci.Iubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. BID SUBMITTAL LUMP SUM BID CONTRACT . DATE: PROJECT NUMBER: #265-00/RS - CITY OF LUBBOCK COLISEUM SOUND SYSTEM RENOVATION Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a CITY OF LUBBOCK COLISEUM SOUND SYSTEM RENOVATION 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: ($ TOTAL BID: ($ ) PM (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) r� OPTION #1: Subwoofers Sub5-Sub8: Four units: X1-2181 F or approved equal. Power Amplifiers PA13, PA14: Two units: QSC PL9.0 or approved equal. MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID OPTION #1: ADD ($ ) OPTION #2: Furnish one portable mixer, for use at the announcer position: Shure M268 or approved equal, with 50 -foot XLR cable. MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID OPTION #2: ADD ($ ) OPTION #3: Furnish and install one new wireless microphone system: Shure UC -series UHF wireless, with hand-held Beta -58 head, or approved equal. MATERIALS: ($ ) SERVICES: ($ ) + TOTAL BID OPTION #3: ADD ($ ) a- 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 60 (SIXTY) working days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $150.00 (ONE HUNDRED FIFTY DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. ,,.. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of thework and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. ,.., Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of' Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. Therefore, any corrections to the bid price must be made on the Bid Submittal form prior to bid opening. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No r■+ Addenda No Addenda No Date Date Date 2 Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: - Fax: - c Pacific 3 Native American Other (Specifv) Addenda No. Date Addenda No. Date M1WBE Firm: Wom His .d r- .•s w�a c Pacific 3 Native American Other (Specifv) rM Calendar of Events November 13, 2000 - March 31, 2001 COL Sho� w Dates Event 11/05!00 12:00 AM South Plains Professional Hockey Status: Tentative 11/30/00 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 11/05/0012:00 AM -11/30/00 12.00 AM 11/14/00 12:00 AM Stardate Concerts, Inc. Status: Tentative 11/16/00 12:00 AM Stardate Concerts. Inc. Event Type: CONCERT Keith Welch Event Class: 10430 Shady Trail #103 Event Category: Dallas. TX 72220 Coordinator: Space Booked COLISEUM 11/14/00 12:00 AM -11/18/00 12:00 AM 11/16/00 12:00 AM South Plains Professional Hockey Status: Definite 11/16/00 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 11/16/0012:00 AM -11/16/00 12:00 AM 11/18/00 12,00 AM South Plains Professional Hockey Status: Definite 11/18/00 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 11/18/00 12,00 AM -11/18/00 12:00 AM 11/24/00 12:00 AM South Plains Professional Hockey Status: Definite 11/25/00 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event. Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 11/24/00 12:00 AM -11/25/00 12:00 AM 11/30/00 12:00 AM Glen Smith Presents Status: 2ND Hold 11/30/00 12:00 AM Glen Smith Presents Event Type: Glen Smith Event Class: 2321 W.R. Larson Road Event Category: San Antonio, TX 78261 Coordinator: Main 210-438-3800 Space Booked COLISEUM 11/30/00 12:00 AM -11/30/00 12:00 AM 11/13/2000 Calendar of Events 11/132000 November 13, 2000 - March 31, 2001 COL Show Dates Event Bookings inform; 988 will be using concourse area for dressing roomsletc, Hockey is aware of it and 12/01/00 12:00 AM South Plains Professional Hockey Status: Definite 12/17/00 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 12101/00 12:00 AM -12/02/00 12:00 AM 1309 University Avenue Event Category: COLISEUM 12/17/00 12:00 AM -12/17100 12:00 AM sem. 12/01/00 12,00 AM South Plains Professional Hockey Status: Tentative 12/31/00 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 12/23/00 12:00 AM 1309 University Avenue Event Category: 12/23/00 12:00 AM Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 12/01/0012:00 AM -12/31/00 12:00 AM 12/04/00 7:00 AM Celebrity Attractions, Inc. Status: Definite 12/10/00 11:59 PM Celebrity Attractions, Inc. Event Type: r■+ Larry Payton Event Class: 7506 East 91 st Street Event Category: Tulsa, OK 74133-6033 Coordinator: 12/26/00 12:00 AM Main 918-254-1069 Bookings inform; 988 will be using concourse area for dressing roomsletc, Hockey is aware of it and can still do their skate schools, youth hockoy, etc, during those days. Space Booked COLISEUM 12/04/00 7:00 AM -12/10/00 11:59 PM 12/15/00 7:00 AM UMC vs Covenant Hockey game Status: definite 12/15/00 11:59 PM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 12/15/00 7:00 AM -12115/0011:59 PM 12/23/00 12:00 AM South Plains Professional Hockey Status: Definite + 12/23/00 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 12/23/00 12:00 AM -12/23/00 12:00 AM 12/26/00 12:00 AM South Plains Professional Hockey Status: Definite 12/26/00 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 12/26/00 12:00 AM -12/26/00 12.00 AM Calendar of Events 11/13/2000 November 13, 2000 • March 31, 2001 COL Show Dates Event 12/30/00 12:00 AM South Plains Professional Hockey Status: Definite 12/30/00 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 12/30/00 12:00 AM •12130/00 12:00 AM 01/01/01 12:00 AM South Plains Professional Hockey Status: Tentative .- 01/18/01 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator. Space Booked COLISEUM 01/01/01 12:00 AM -01/18/01 12:00 AM r 01/05/01 12:00 AM South Plains Professional Hockey Status: Definite - 01/05/01 12:00 AM South Plains Professional Hockey Event I"ype: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked ,�•. COLISEUM 01/05/01 12:00 AM -01/05/01 12:00 AM 01/12/01 12:00 AM South Plains Professional Hockey Status: Definite 01/13/01 12,00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 01/12/01 12:00 AM -01/13/01 12:00 AM 01/19/01 12:00 AM Hot Hearts Conference Status: Contracted 01/20/01 12:00 AM Lubbock Baptist Association Event Type: RELIGIOUS CONCERTIEVENT Kyle Kelly Event Class: 4207 34th Street Event Category: Lubbock, TX 79410 Coordinator: ,,00 Main 797-9704 Space Booked COLISEUM 01/19/01 12:00 AM -01/20/01 12:00 AM I. 01/21/01 12:00 AM South Plains Professional Hockey Status: Definite 01/21/01 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 01/21/01 12:00 AM -01121/01 12.00 AM Calendar Of Events 11/13/2000 ,,.., November 13, 2000 - March 31, 2001 COL Show Dates Event 01/21/01 12:00 AM Icecapades Status: 2ND Hold 01/21/01 12;00 AM icecapades Event Type: Fred John Event Class: 505 Sarasota Quay Event Category: Sarasota, FL 34236 Coordinator: Space Booked COLISEUM 01/21/01 12:00 AM -01/21/01 12;00 AM 01/21/01 12:00 AM South Plains Professional Hockey Status: Tentative 01/25/01 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: mace Booked COLISEUM 01/21/01 12:00 AM -01/25/01 12.00 AM 01/26/01 12;00 AM South Plains Professional Hockey Status: Tentative 01/31/01 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator; Space Booked COLISEUM 01/26/01 12;00 AM -01/31101 12:00 AM 01/27/01 12:00 AM South Plains Professional Hockey Status: Definite 01/27/01 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator Space Booked COLISEUM 01/27/01 12:00 AM -01127/01 12:00 AM 01/28/01 7;00 AM Painters - Rehearsals and show Status: Tentative 01/31/01 11:59 PM Stardate Concerts, Inc. Event Type: Randy Shelton Event. Class: 10430 Shady Trail #103 Event Category: Dallas, TX 72220 Coordinator: Main 817-497-2200 Space Booked COLISEUM 01/28/01 7:00 AM -01131/01 11:59 PM 02/01/01 12:00 AM South Plains Professional Hockey Status: Tentative 02128/01 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: n 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked �,,,, COLISEUM 02/01/01 12;00 AM -02/28/01 12:00 AM Calendar of Events November 13, 2000 - March 31, 2001 COL Show Dates Event 02/02/01 12:00 AM South Plains Professional Hockey Status: Definite 02/03/01 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 02/14/01 7:00 AM -02/14/01 11:59 PM 11/13/2000 Space Booked COLISEUM 02/02/01 12:00 AM -02/03101 12:00 AM �* 02/04/01 12:00 AM Champions on Ice Status: Contracted 02/04/01 12:00 AM Champions on Ice Event Type: MAJOR TOURING SHOW Don Watson Event Class: 231 North Buffalo Drive Suite B Event Category: Las Vegas, NV 89145 Coordinator: Spare Booked COLISEUM 02/04/01 12:00 AM -02/04/01 12:00 AM 02/08/01 12:00 AM South Plains Professional Hockey Status: definite - 02/08/01 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: space Booked ..,, COLISEUM 02/08/01 12:00 AM -02/08/01 12:00 AM 02/10/01 12:00 AM South Plains Professional Hockey Status: Definite 02/10/01 12:00 AM South Plains Professional Hockey Event Type: Mark Adams . Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked «-w COLISEUM 02/10/01 12:00 AM -02/10/01 12:00 AM 02/11/01 7:00 AM Circus Gatti Status: Tentative 02/12/01 11:59 PM Lubbock Firefighter's Assoc Event Type: Dennis Howard Event. Class: 2321 50th Street, Suite D Event Category: Lubbock, TX 79457 Coordinator: * Main 799-3737 Space Booked COLISEUM 02/11/01 7:00 AM -02112/01 11:59 PM A 02/14/01 7:00 AM Stardate Concerts. Inc. Status: 2ND Hold 02/14/01 11:59 PM Stardate Concerts, Inc. Event Type: Randy Shelton Event Class: 10430 Shady Trail#103 Event Category: Dallas, TX 72220 Coordinator: Main 817-497-2200 Space Booked COLISEUM 02/14/01 7:00 AM -02/14/01 11:59 PM 11/13/2000 ems+, Calendar of Events 11/13/2000 November 13, 2000 • March 31, 2001 COL Show Dates Event 2/15/01 12:00 AM South Plains Professional Hockey Status: Definite 2/15101 12:00 AM South Plains Professional Hockey Event Type: 7:00 AM Alan Jackson Concert Mark Adams Event Class: 11:59 PM Creative Artists Agency - Nashville 1309 University Avenue Event Category: Ron Baird Lubbock, TX 79407 Coordinator: 3310 West End Avenue, 5th Floor Space Booked Nashville, TN 37203, COLISEUM 02/15/01 12:00 AM -02/15101 12:00 AM - 2/16/01 12:00 AM International Championship Event Status: Tentative 2/18/01 12:00 AM International Championship Event Event Type: SPORTING EVENT Status: Definite Gary Densford Event Class: OUT OF TOWN Event Type: Event Category: Event Class: Coordinator: Event Category: Main 843-234-777 Space Booked COLISEUM 02/16/01 12:00 AM -02/18/01 12:00 AM 02/17/01 7:00 AM Alan Jackson Concert Status: 2ND Hold 02/18/01 11:59 PM Creative Artists Agency - Nashville Event Type: Ron Baird Event Class: 3310 West End Avenue, 5th Floor Event Category: Nashville, TN 37203, Coordinator: Space Booked COLISEUM 02/17/01 7:00 AM -02118101 11:59 PM 02/24/01 12;00 AM South Plains Professional Hockey Status: Definite 02/24/01 12.00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator, Space Booked COLISEUM 02/24/01 12:00 AM -02/24/01 12:00 AM 02/25/01 12.00 AM South Plains Professional Hockey Status: Definite 02125/01 12:00 AM _ South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 02/25/01 12:00 AM -02/25101 12:00 AM 03/01/01 12:00 AM South Plains Professional. Hockey Status: Tentative 03/31/01 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 03/01/01 12:00 AM -03/31/01 12:00 AM Calendar Of Events 11/13/2000 November 13, 2000 - March 31, 2001 COL Show Dates Event 03/02/01 12:00 AM South Plains Professional Hockey Status; Definite 03/03/01 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: .•, Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 03/02/01 12;00 AM -03/03/01 12:00 AM 03/03/01 12:00 AM Lubbock Clvlc Centers -take out ice Status: Tentative 03/03/01 12:00 AM Lubbock Civic Centers Event Type: Sandy Baker Event Class: 1501 6th Street Event Category: Lubbock, TX 79401 Coordinator: 1 Space Booked COLISEUM 03/03/01 12:00 AM -03/03/01 12;00 AM 03/04/01 6:00 AM 59th Annual ABC Pro Rodeo Status: Contracted 03/11/01 12:00 AM American Business Club Event Type: DIRT EVENT Mike Caifin Event Class: LOCAL �-+ PO Box 737 Event Category: Lubbock, TX 79408 Coordinator: Main 763-4665 Space Booked COLISEUM 03/04/01 6:00 AM -03/04/01 12,00 AM COLISEUM 03/05/01 6:00 AM -03/06/01 12:00 AM r., COLISEUM 03/07/01 6:00 AM -03/07/01 12:00 AM COLISEUM 03/08/01 7;00 AM -03/09/01 12:00 AM COLISEUM 03/10/01 7:00 AM -03/10/01 12:00 AM COLISEUM 03/11/01 8:00 AM -03/11/01 12:00 AM ^� 03/13/01 12:00 AM Lubbock Civic Centers - Make Ice Status: Tentative 03/14/01 12:00 AM Lubbock Civic Centers Event 1"ype: Sandy Baker Event Class: 1501 6th Street Event Category; Lubbock, TX 79401 Coordinator: Space Booked COLISEUM 03/13/01 12:00 AM -03/14/01 12:00 AM 03/16/01 12:00 AM South Plains Professional Hockey Status: Definite 03/17/01 12.00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category; Lubbock, TX 79407 Coordinator; Space Booked "^ COLISEUM 03/16/01 12:00 AM -03/17/01 12:00 AM r•+ 06111 Calendar of EV@nfS 11/13/2000 November 13, 2000 - March 31, 2001 COL Show Dates Event 03/24/01 12:00 AM South Plains Professional Hockey Status: Definite .•. 03/25/01 12:00 AM South Plains Professional Hockey Event Type: Mark Adams Event Class: 1309 University Avenue Event Category: Lubbock, TX 79407 Coordinator: Space Booked COLISEUM 03/24/01 12:00 AM -03125101 12:00 AM 03/31/01 12:00 AM Bible Man Status: 3RD Hold 03/31/01 12:00 AM Southcrest Baptist Church Event Tyne: RELIGIOUS CONCERT/EVENT Kent Carter Event Class: 3801 S. Loop 289 Event Category: h Lubbock, TX 79423 Coordinator: _.. Space Booked COLISEUM 03/31/01 12:00 AM -03/31101 12:00 AM P" 11 ft RTR ENGINEE 2574 74th Street, Suite 202 Lubbock, Texas 79423-1440 November 7, 2000 Sy INC. Consulting_ Engineers 806/745-4881 Fax 745-9688 John James, Technical Coordinator Lubbock Municipal Civic Center, Auditorium & Coliseum 1501 6`" Street Lubbock, Texas 79401 Re: Check Catwalk for New Speaker Loads - 00106 Lubbock Municipal Coliseum Dear Sir: Using the plan layout for new and reused speakers furnished to me, the prior lighting layout by Joe Grimes, Consulting Engineer, in 1995 and the original drawings, calculations show that the steel framing for the catwalks. should be adequate for the new speaker loads. The most critical area is at the center of the central cross-over catwalk where the most lights are already existing. The plans show the hangers for the catwalks to be at the main arches: however, I am not certain about the hanger locations at the central cross-over. My calculations are based on a 60 pounds per square foot live load for the catwalks In addition to the installed lighting and speakers. If I can be of further assistance with regard to this matter, please advise. Very truly yours, Evan E.2, P EER:ms EXISTING RACK MOUNTED MIXING CONSOLE DRIWING RNC& 1/99-1 LUBBOCK COLISEUM �'�11/10/00� STB: LUBBOCK, TEXAS BOUNDLUMUS SYBTM R UMONS Consultants in Acoustics & AudiolUisual Technologies R1 B 200 East 30th Strad Austin, Tacos 18705 1 of a onerAssoclaies LLC. 512-476-3464 512-476-9412 +mbamcs6nccm City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING e", 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us P MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: ITB #00-265/RS, Addendum #2 ADDENDUM #2 ITB #265-00/RS City of Lubbock Coliseum Sound System Renovation November 3, 2000 November 8, 2000 @ 3:00 P. M. November 21, 2000 @ 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 November 8, 2000 at 3:00 p. m. to the new closing date of November 21, 2000 at 2:00 p. m. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)775-2164 or Email to: Rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 265-00/RSadd2 r" City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX:(806)775-2164 hftp://purchasing.ci.lubbock.tx.us ITB #00-265/RS, Addendum #1 ADDENDUM #1 ITB #265-00/RS City of Lubbock Coliseum Sound System Renovation MAILED TO VENDOR: October 31, 2000 CLOSE DATE: November 8, 2000 @ 3:00 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. In the Specifications, the time for completion has been changed from 21 (twenty one) consecutive calendar days to the new time for completion of 60 (sixty) consecutive calendar days. 2. The number of days required for the Owner's Representative and/or AV Consultant's review and approval of the required project submittals shall be 10 (ten) days. 3. The City will not pay for any project material that has not been accepted through the submittal/review process. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: 265-00/RSadd1 MR Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)775-2164 Rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. Oak 00" CITY OF LUBBOCK INVITATION TO BID FOR TITLE: CITY OF LUBBOCK COLISEUM SOUND SYSTEM RENOVATION ADDRESS: LUBBOCK, TEXAS BID NUMBER: 265-00/RS PROJECT NUMBER: 90043 CONTRACT PREPARED BY: PURCHASING DEPARTMENT Qlltt INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT oft% 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS ""+ 10. SPECIFICATIONS No Text NOTICE TO BIDDERS BID #265-00/RS Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on the 8th day of November. 2000, 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: "CITY OF LUBBOCK COLISEUM SOUND SYSTEM RENOVATION" 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, before the expiration of the date above first written. Bids are due at 3:00 o'clock p.m. on the 8th day of November. 2000, and the City of Lubbock City Council will consider the bids on the 14th day of November. 2000, 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. r It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre-bid conference on 1st day of November, 2000 at 10:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas 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 KILMAN PURCHASING MANAGER ii Bid documents may be examined at no charge in the Purchasing Department at 162513th Street, Room L-04, Lubbock, Texas 79401; and may be obtained by telephone (806) 775-2167/Fax (806) 775-2164. P" GENERAL INSTRUCTIONS TO BIDDERS PM 1 BID DELIVERY, TIME &_DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish CITY OF LUBBOCK COLISEUM SOUND SYSTEM RENOVATION per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 p.m. CST, the 8th day of November, at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #265-00/RS, CITY OF LUBBOCK COLISEUM SOUND SYSTEM RENOVATION" and the bid opening date and time. Bidders must also include their company name and -, address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder, does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE-BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre-bid meeting will be held at 10:00 a.m. November 1st, in Purchasing Conference Room L04, Lubbock. Texas. All persons attending the meeting will be asked to identify themselvesand the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do not attend the pre-bid meeting. .-s 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the �-•• Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must.be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing tiid responses. All contacts that a ,a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 1 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all _ requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to —' comply, in every detail, with all provisions and requirements of the Invitation to Bid. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT _ 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in facia trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined. by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and ,Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CON FID ENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 9 CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 All bidders shall be thoroughly familiar with all of the requirements set forth on contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents, 10 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS ` 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language requirements, etc., or any combinations thereof, inadvertently restricts or limits the'requirem6rts stated in this ITB to a single source Office no titer than five (5) business fication must be su t1daystbefo a the bid closing by the City of Lubbock Purchasing Such g date. A review of such notifications will be made. 11.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ,ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS'INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO', , RON SHUFFIELD, SENIOR BUYER City of Lubbock 162513 th Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: RShuffield@mail.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within TWENTY ONE (21) CONSECUTIVE CALENDAR DAYS from, the date .specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified: 13 PAYMENT All payments due to Contractor shall be made in accordance with,the provisions of the General Conditions of the contract documents. 14 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. r*a 15 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. 3 16 GUARANTEES 16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 16.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants 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. 16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 16.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the ^, Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 17 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. 18 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. 19 TEXAS STATE SALES TAX 19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractors responsibility to prosecute the work contemplated by the contract documents 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 4 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. 21 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 r* 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. !�- 22 EXPLOSIVES 22.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 23 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. 24 INSURANCE 24.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the, contract documents, from an underwriter authorized to do business in the State of Texas and; satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact .., business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor'or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted before contract execution. 24.2 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. P" 5 25 LABOR AND WORKING HOURS 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages _ included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or, life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 26 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. TheContractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each^laborer; workman; or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule,of general prevailing rate of per diem wages included in these contract documents. 27 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. 28 PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and in 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. 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If r 0 i 29 30 31 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 0,101k. 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 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. Q) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The 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 carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the Total Lump Sum Bid. 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. �"*' 7 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. —. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all _ other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR _. FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THEREQUIREMENTS OF THIS INVITATION TO BID. 8 No Text Fe UZI L�a BID SUBMITTAL / LUMP SUM BID CONTRACT ;.:DATE: PROJECTN MBER. #265-00/RS - CITY OF Ij_UBBOCK COLISEUM SOUND SYSTEM RENOVATION Bid of 4 Q i'� UAlo dao S f (ll') S (hereinafter called Bidder) re To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) ,..-Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a CITY OF LUBBOCK COLISEUM SOUND SYSTEM RENOVATION 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. � ( UQ MATERIALS: �S� ! T SERVICES: e �e �, �� �..5 �' e� n ) ,.� TOTAL BID- e (!Qin�� S'+�C `1'�J 1G.+zi , d"I/LrL� � k u j "'k `��' �'� (�� -�V �� ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) "' OPTION #1: Subwoofers Sub5-Sub8: Four units: X1-2181 F or approved equal. Power Amplifiers PA13, PA14: Two units: QSC PL9.0 or approved equal. ..� MATERIALS: (w,Q 1ti , �y¢ ` t'o UIQ• s� !G �� Rv+.�L ✓d �2 � ,v -A4 -vs % / b kz) ) c9 SERVICES: O'n'. � :�t 0-yse, '-J , �}' 1 v� ($ 0 aks . ) TOTAL BID OPTION #1: LAQD -- '1 ' ` Ut h�K -a OPTION #2: Furnish one portable mixer, for use at the announcer position: Shure M268 or approved equal, with 50 -foot XLR cable. MATERIALS: O­�C k u v� J ,(aJ A\, r ($ _ I � N ) SERVICES: '—D r �C-y0 ($ a ) TOTAL BID OPTION #2: ADD BTU J U�-Q " 4 r -k ($ Lj ) OPTION #3: Furnish and install one new wireless microphone system: Shure UC -series UHF wireless, with hand-held Beta -58 head, or approved equal. MATERIALS: y" va �,C �c� , Y ($ /, 4#0 SERVICES: ($ dJ BOO ) TOTAL BID OPTION #3: ADD �f L� �J�-�C ' �"�- �� u✓,Z� ($ O �,j iJ (� ) 0 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 60 (SIXTY) working days thereafter as stipulated • in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $150.00 (ONE HUNDRED FIFTY DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. bidding. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has. carefully examined the "^ plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by abank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for 'l -w,<- Dollars ($ U->-2 or a Bid Bond in the sum of Dollars " ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, �•• insurance certificates, and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands_ and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. 0 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. Therefore, any corrections to the bid price must be made on the Bid Submittal form prior to bid opening. (Seal if Bidder is a Corporation) ATT T: S/ eciqtary Bidder acknowledges receipt of the following addenda: Addenda No. Date % " 17 Addenda No. bate -1-7 Addenda No. Date 1 r" ► % -�- 2 Date: //- r o -OD Autho ized Signature /' ! I c(1k a' 04 l�d rr (Printed or Typed. Name) LO rr,S &410 Vl ea e�h� � C �Tr yl Ca.,� A dress K Cit C � �a State Zip Code Telephone: YO 6 - 35t - Q 1 Fax: d -0 y - 3 S 3 I- pl" Addenda No. Date Addenda No. Date M/WBE Firm: Woman Black American Native American Hispanic American Asian Pack American Other S eci r•� PIK '� 3 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. Co tractor Signature CONTRACTOR'S FIRM NAME: ( A,Aad W 1VQ6r1j Contractor (Print) rfl ALI d t c7 / 4 eco ` S ►'''i or Type ) CONTRACTOR'S FIRM ADDRESS: 7S.72 Ayn,�rijk37 'W -7q110 Name of Agent/Broker: rU D V1 d ' fr3v� 4- Address of Agent/Broker: ! ^ City/State/Zip:T Mc -"-(Po cj(o' (pDop Agent/Broker Telephone Number: Date: e2o 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. „„o BID #265-OO/RS - CITY OF LUBBOCK COLISEUM SOUND. SYSTEM RENOVATION 4 I^ Sent by:EDMOND DEATON STEPHE Nov -20-00 03:12am I ACORL) fro,In 18063560615->8063538815 Page I/ 1 UhRTIFILrATE OF LIABILITY INSURANCgo,d xx DATE{A1MlOVM RRI-1 THIS CERTIFICATE iS ISSUED 11/2fl 00 AS A MATTER OF INFORMATION Edmond r Deaton & stephens ONLY AN13 CONFERS NO RIGHTS UPON THE CERTIFICATE 5625 Fulton Drive HOLDER. THIS CERTIFIGATE DOES NOT AMEND, EXTEND OR Amarillo TX 79109 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phon®:806-356-6000 Pax:806-356-0615 INBURER8AFFORDING COVERAGE IN35 INSURERA: Millers Mutual Ins .Co `- INsURER8: Trini Universal Ins Co Norris Audio Vidio systems INSURERC: 7529 CanyonExp) ssmay Amarillo TX 797.1 INSURER O: *�+ COVERAC3E$ INSURER E: THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE II ANY REOWREMtENT, TERM OR CONDITfON OF ANY CONTRACT OR OTHER Di ` MAY PERTAIN, THE INSURANCE AF12ORMO BY THE POLICIEZ DEBORIBED H POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID Isw^ I LTR TYPR OF INSURANCE POLICY NUMBER I GENERAL LU mLr7y A X DOMMERCIALGENERALLIA: TY OICL134449 ' CLAIMSMADE t � r OCCUR U + NICU AIIUVE FOR THE POLICY PERIOD 1NDI !NT WITH RESPECT TO WHICH THIS CERTIPICA1 IS SUBJECTTO ALL THE TERMS, EXCLUSIONS, 07/29/00 1 07/29/0. GENII. AGGREGATE LIMITAPPLIES PF.R DRO• � POLICY JECT LOC I AUTOMOBILE LIABILITY $ !rX ANY AUTO TCA9844142 11/15J00 11/06/07 a.� I ALL OWNED AUTOS I ! SCHBDULEDAUTOS X HIREDAUTOS e X NON-OWNEDAU708 GARAGE LIABILITY I ANY AUTO EXCESS LIABIuTY OCCUR CLAIMS MADE OEDUCnsLE l I RETENTION $ WORKERS COMPENSATION AND B j EMIPLOYEW LIABILITY WC6844141 07/15/00 07/15f01 OT:IER NMI pe IPTIPTION of OPERATION3ILOcgTIONSNF.HICLF.25 CLUSIONS ADDI jC0==icatiOn Equipment Installation t CERTIFICATE HOLDER ADDITIONAL INSURED, INSURER City Of Lubbock CANCELLATION SHOULD ANY OP THE ABOVE DESCRIBED POLICIES 6E CAUMLEp BEFORE TKE EXPIRA no DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRTM NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOEE NO OBLIciATION OR LIABI�OF tNXXWp UPON THE INSURER, ITS AGENT'S OR +ATED, NOTWITHSTANDING - B MAY BE ISSUED OR ND CONDITIONS OF SUCH LIMITS EACH OCCURRENCE $ 500000 FIRE DAMAGE (pay Ono fire) $� 0-0 0 0 MFOESI'(Any —person) *5000 PERSONALSADVINjuRr $500000 GENERAL AGGREGATE $ 500000 PRODUCTS-COMPIDPAGG $500000 COMBINED SJNGLE LIMIT rEa aceldentj s BODILY INJURY iftr person) S 250000 (Pera��idmq $500000 PROPERTY DAMAGE {Per awdentl S 100000 AUTO ONLY • EA ACCIDENT : OTHER THAN EA ACC S AUTO ONLY: AGG i EACH OCCURRENCE S AGGREGATE _ 3 s s X TO LIM1"S ER E.L-EACH ACCIDENT $ 100000 E.L.DIsEASE - EA EMPLOYE $100000 E.L.DISEASE -POLICY LIMIT s 500000 TION 1088 OWN PM City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX:(806)775-2164 hftp://purchasing.ci.lubbock.tx.us ITB #00-265/RS, Addendum #1 ADDENDUM #9 ITB #265-001RS City of Lubbock Coliseum Sound System Renovation MAILED TO VENDOR: October 31, 2000 CLOSE DATE: November 8, 2000 @ 3:00 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. In the Specifications, the time for completion has been changed from 21 (twenty one) consecutive calendar days to the new time for completion of 60 (sixty) consecutive calendar days. 2. The number of days required for the Owner's Representative and/or AV Consultant's review and approval of the required project submittals shall be 10 (ten) days. 3. The City will not pay for any project material that has not been accepted through the submittal/review process. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to: Rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 265-00/RSadd l City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us ITB #00-265/RS, Addendum #2 ADDENDUM #2 ITB #265-00/RS City of Lubbock Coliseum Sound System Renovation P" MAILED TO VENDOR: November 3, 2000 OLD CLOSE DATE: November 8, 2000 @ 3:00 P. M. NEW CLOSE DATE: November 21, 2000 @ 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 ITS; documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. �e closing date has been changed from November 8, 2000 at 3:00 p. m. to the new closing date of November 21, 2000 at 2:00 p. m. *+ All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)775-2164 or Email to: Rshuffield@mail.ci.Iubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. j 265-00/RSadd2 Ua City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX:(806)775-2164 hftp://purchasing.ci.lubbock.tx.us ITB #00-265/RS, Addendum #3 ADDENDUM #3 ITB #265-00/RS City of Lubbock Coliseum Sound System Renovation MAILED TO VENDOR: November 14, 2000 CLOSE DATE: November 21, 2000 @ 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. -1/1. Please find enclosed the revised City of Lubbock Bid Form, which includes the three options as stated in the specifications for this project. Also enclosed is the current schedule of events for this facility. X2. In the Specifications, Page 9, Section 2.12, CEILING MOUNTED LOUDSPEAKER ASSEMBLIES has been deleted. 3. In the Specifications, Page 9, Section 2.11, MAIN LOUDSPEAKERS, Item E, #6, Sub1-Sub4 has been changed from TL880D to be XI -2181F. Option #1, Sub5-Sub8 shall also be changed from TL880D to be XI -2181 F. On the Drawings, Page 1 SS -1, and Page SS -3, Sub1-Sub8 shall be changed from TL880D to be XI -2181 F. 4. In the Specifications, Page 1, Section 1.3, QUALITY ASSURANCE, please add the following: C. "All rigging hardware must meet or exceed ASTM A 153 standards." 5. Please find enclosed pages R1, R2, and R3 indicating the location and details for a quantity of one (1) additional Mic. Jack to be located in the Skate Room. Also, a quantity of two (2) Key switches with on/off indicators will be required. One at the current location, and one at the Skate Room. 6. The Time for Completion has been changed from sixty (60) consecutive calendar days to be sixty (60) working days. 7. The current sound system must be operational at all events in the Coliseum during the completion of this project. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to or Email to: (806)775-2164 Rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield ...._.. ............_.... ....._.-.._... _. Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 265-00/Rsadd3_............._-----._..__..__.__._.._.__.-.. _.. _...__ 0041r, \ ZQ0N\+Ihz Norris Audio Video Systems 7529 Canyon Drive Amarillo, Texas 79110 Phone (806)351-0280 Fax (806)353-8815 Toll Free (888)667/7474 Referral List First Baptist Church, 1717 4th Ave, Canyon, TX 79015 Mr. Dan Tracy, Minister of Music, (806)655-2501 Complete video system Amarillo Civic Center Coliseum, 401 S. Buchanan, Amarillo, TX 79101 Mr. Sherman Bass, Project manager, (806)378-4297 Sound system upgrade First Christian Church, 600 Euclid, Panhandle, TX 79068 Mr. Doug Harvey, Pastor Complete video system West Texas A & M University Student Government Box 60297, Canyon, TX 79016, Clint Hunt, Director of Student Center 806/651-2323 Carillon bell system for the Hill Chapel First United Methodist Church, P. O. Box 549, Panhandle, Texas, 79068 Rev. Les Hall Complete sound system West Amarillo Church of Christ, 417 S. McMasters, Amarillo, Texas 79106 Tony Denn 806/374-3654 Complete Sound system Comanche Trail Church of Christ, P.O. Box 30516, Amarillo, Texas, 79120 Loran Harper 806/373-4190 Complete sound system in Activity Center and chapel St. Thomas the Apostle Church, 4100 S. Coulter Rd., Amarillo, TX 79109 Mr. Jim Gardner 806/358-2461 Large Sound system upgrade and video system upgrade Victory Baptist Church, 2701 W. Church St., Carlsbad, NM 88220 Mr. John Prentiss 505/885-1265 Complete sound and video systems 0 g BOND CHECK BEST RATING + + LICENSE IN EXAS DiTE BY. W UZ STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) Michael W. Norris dba KNOW ALL MEN BY THESE PRESENTS, that Norris Audio Video Systems (hereinafter called the Principal(s), as Principal(s), and . National American Insurance Company, P.O. Drawer 9, Chandler, OK 74823 (hereinafter called the Sure (s) at Surety V, � e held a�� firMly b8un� unto the City of Lubbock (hereinafter called the Obligee), in the amount of e n ; e� y o wo un re Dollars ($ 78 , 25 5. 00 ) lawful money of the United States for the payment w ereo , 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 11th day of January ,2001 ,-to Bid #265-00/RS - City of Lubbock Coliseum Sound System Renovation and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length:herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government 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 22nd day of January 2001 . Michael W. Norris dba National American Insurance Company Norris Audio Video Systems Surety *B. (Title) Ja s . Bovenzi, Attorney -in - Pm 7 1 (Company Name) By. Michael W. Norris (Pri ed Nam) � ( ign(ture) Owner (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J. Dunn an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. 7814 Orlando Avenue National American Insurance Compan Lubbock, TX 79453 Sae e). Bovenzi, Attorney -in- ct Approved as to form: City of Lubbock By:�-- 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 NATIONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY CHANDLER, OKLAHOMA Michael Norris dba Norris Audio Video S stems PRINCIPAL Y EFFECTIVE DATE 1-22-01 7529 Canyon Drive Amarillo, TX 79110 (STREETADDRESS) (CPrY) "(STATE) (ZIP CODE) CONTRACTAMOUNT Seventy-eight Thousand Two Hundred AMOUNTOFBOND$ 78,255.00 Fifty-five and N011001 ------------ '„� POWER NO. CB 47278 KNOW ALL MEN BYTHESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the state of Oklahoma, 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 as Attorney -in - Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and 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 seal 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 does hereby make, constitute and appoint LEE NAPIER JAMES J BOVENZI LILY GARZA OR DIANE MOSLEY State of TEXAS its true and lawful attomey(s)-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 authority of said Attorney-in-fact to bind the company shall not exceed $1,000,000 for any single bond. 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 National American Insurance Company, and all the acts of said Attomey(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 `co," INSj, 44-1 K/' .PGo*roe�♦R�y1 SEAL ; W. Brent LaGere, Chairman & Chief Executive Officer Q �e v~4 oJQAFpMP STATE OF OKLAHOMA ) COUNTY OF LINCOLN _ ) SS. On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to 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 corporation; 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. �NOAkJt� O� �OTA J �9 PUBLIC Notary Public f0 AMO V*Q O,TATI OF My Commission Expires August 31, 2003 SLA Nom `a LN Cod+ STATE OF OKLAHOMA COUNTY OF LINCOLN ) SS: I, the undersigned, Assistant Secretary of the National American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the 2 2nd day of Januar , 2001 (Month (Ye-) < o J — o SEAL s r` Winifred E. Mendenhall, Assistant Secretary + r OkCAHOMP CERTIFICATE OF INSURANCE 0- ACOR.D„ CERTIFICATE OF LIABILITY INSU PRODUCER THIS CERTIFICATE ONLY AND CONFEI Edmond, Deaton S Stephens HOLDER. THIS CER $625 Fulton Drive ALTER THE COVER Amarillo TX 79109 Phone: 806-35.6-6000 Fax:806-356-0615 INSURED 7 iris Audio VicUo Systems " gZ�9 Canyon Expressway Amarillo TX 79110 COVERAGES a THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DI MAY PERTAIN, THE INSURANCEAPFORDEO BY THE POLICIES DESCRIBE- HE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID 1 LTR TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY A X COMMERMI-GENEMI.LmILITY OICL134449 CLAIMS MADE ❑}C OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY j �" LOC AUTOMOBILE LIABILITY B X ANY AUTO TCA6844142 ALL OWNED AUTOS SCHEDULED AUTOS �{ HIREOAUTOS X NON-OWNEDAUTOS GARAGE LIABILITY w� ANYAUTO EXCE88 LIABILITY OCCUR CLAIMS MADE 1� DEDUCTIBLE RETENTION i WORNBRS COMPENSATION AND B EMPLOYERS' LIABILITY WC6844141 L INSURERS AFFORDING COVERAGE INSURERA: Mi11EIrs General INSURER e: Trinitv Universal Ins Co INSURER C: INSURER D: P NAMED ABOVE FOR THE POLICY PERIOD INDICA ENT WITH RESPECT TO WHICH THIS CERTIFICATE 13 SUBJECT TO ALL THE TERmS, EXCLUSIONS ANC 07/29/001. 07/29/01 11/15/00( 11/06/01 07/15/001 07/15/01 DESCRJPTION OF OPERATIONSILOCAT)ON&NEHIC LE8Ip(OLUg�pt� ADDED BYE ORSEMF.NTISPEC5 PROVISION$ City Of Lubbock is named as Additional I ks=ed as respects the Coma General Liability and Commercial Auto Li ility. There is a waiver subrogation in respect to the WC policy n favor of the City of Lut „CERTIFICATE HOLDER Y ADDITIONALINS City of Lubbock Puzchasing Department Ron Shuffield PO Box 2000 Lubbock TX 79457 1 CANCELLATION C TYOFL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE MOnRA TM DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL —IQ—DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 60 $HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY ICND UPON THE iNeURER,ITS AGENTS OR DATE (NYWDQIYY) 02/08/01 -EP- NOTWITHSTANDING AAY BE ISSUED OI7 CONDITIONS OF SUCH LIMITS EACH OCCURRENCE $500000 FIRE DAMAGE (AWy ane fire) S 50 0 0 0 MED EXP (Anyone pman) $50()o PERSONAL&AVVINJURY $500000 GENERALAGGREGATE $5D0000 PRODUCTS -OOMPIOPAGG 4500000 COMBINED SINGLE LIMIT (Ea acodent) $500,000 BODILY INJURY S (Per Person) BODIY INJURY S (PPereccidenp PROPERTY DAMAGE S (Peracddenl) AUTO ONLY -EA ACCIDENT S OTHER THAN EAACC g AUTO ONLY: AGO S EACH OCCURRENCE S AGGREGATE S Rl S a X TORY LIMITSI ER E.L. EACH ACCIDENT 5500000 E.L. DISEASE• EA EMPLOYE S 500000 E.L. DISEASE - POLICY LIMIT !1150()0()0 ercial of bock. (� •p/�ww www i.�.-.�.. ._-- Sent by:EDMOND DERTON STEPHE Jan -16-01 10 35a from 1,8063560615->8063538815 Page 2i 2 ` A vRo CERTIFICATE OF LIABILITY OP ii D INSURANCE Pin PRODUCER- ffiMGMED THIS CERTIFICATE I$ ISSUED ASA MATTER OF INF PRODUCTS -C00 Edmond, Deaton & Stephens SINGLE LIMIT (Eeaccident) ONLY AND CONFERS NO FLIGHTS UPON THI CERTIJ HOLDER. THIS CERTIFICATE DOES NOT AMEND, E) BODILYINJURY 5625 Fulton drive (Por person) AJ -TER THE COVERAGE AFFORDED 8Y THE POLICI 30t)JIr iN URY Amarillo TX 79109 PROPERTY DAMAGE (Per aaciftri) $ AUTO ONLY- EA ACCIDENT Phone: 806-356-6000 rax: 806-356-0615 OTHER THAN EA ACC INSURERS AFFORDING COVERAGE AUTO ONLY: AGG INSURED EACH OCCURRENCE AGGREGATE $ INSURER A7 SEE MGA $ INSURER 8: Trinity Universal In CO X TORY LIMITS ER Norris Audio Vidio Systems 7529 Canyon Ex�pressway E.L. EACH ACCIDENT INSURER C: E,L,DISEASE - EA EMPLOYEE $ 500000 Amarillo TX 79110 $500000 INSURER b; COVERAGES INSURER E: TWE POLICIES OF INSURANCE LISTED BFLOW HAVE BEEN ISSUED TO THE INS ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DO RED NAMED ABOVE UMENT FOR TME POLICY PERIOD INDICATED, NOTWITHSTANDfNG MAY PERTAIN, THE INSURANCE AFFORDED HYTHF POLICIES DESCRIBED HE POUC?r;6. AGGREGATE LIMITS SHOWN MAY HAVE BEEN D WITH RESPECT IN IS S06JECT TO WHICH THIS CERTIFICATE MAY 6E 1$8uED OR TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH RE UCED Qy PAID C . IMS, Ls TYPE OF INSURANCE POLICYNUMENR DALI M-FDATE MMIDDJYY GENERAL LIABILITY WM A :il COMMERCIAL GENERALLIASILITY 01CL134449 07/29/00 07/29/0: CLAIMS MADE L;J OCCUR GENL AGGREGATE LIMIT APPLIES PER POLICY PRO - ECT LOC AUTOMOBILE LIABILITY B X ANY AUTO TCA6844142 11/15/00 11./06/03 ALL OWNED AUTOS SCHEDULED AUTOS X HfRePAUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY OCCUR CLAIM6 MADg DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND d.+ E EMPLOYERS' LIABILITY WCS844141 OTHER DESCRIP'nON OF OPERATIONS((,OCATION6/VEHICLESfEXCLUS1oNS A565—E City Of Lubbock is named as Additional General Liability and Commercial ,Auto w+�e CERTIFICATE HOLDI R N I ADDITIONALwsuREO; INSUREkLETTE k - City of Lubbock CI' Purchasing Department Ron Sheffield PO Box 2000 Lubbock TX 79457 07/15/001 07/15/01 DATE IMMlDDlYY) ND OR BELOW. EACH OCCURRENCE i S 50C(lafl FIRE DAMAGE (Anyawfire) $ 550000 EXP (Any DEXP0PERSONAL&A00GENERALAGG00 ffiMGMED CW,- PRODUCTS -C00 SINGLE LIMIT (Eeaccident) $500,000 BODILYINJURY S (Por person) 30t)JIr iN URY 8 PROPERTY DAMAGE (Per aaciftri) $ AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE AGGREGATE $ $ $ $ X TORY LIMITS ER E.L. EACH ACCIDENT S500000 E,L,DISEASE - EA EMPLOYEE $ 500000 E.L•DISEASE- POLICY LIMIT $500000 m as respeotS the Cpmmeroial tf- CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUIN 3 INSURER WILL ENDEAVOR TO MAIL -IQ-- DnYS WRn-nM NOTICE TO THE CERTIFICATE HOLD$R NAMED TO TWtr L91'T, BUT !FAILURE TO DO $O M LL IMPOSE NO OBLIGATION OR LIABILITY OF ANYIQND UPON THE INSURER, ITS AGENTS OR IW0AVVKL2'UPOWO zA110N 1988 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: 2 ria REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal .a 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: e, (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. w "�." 3 7 r CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 11th day of January, 2001 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, w hereinafter referred to as OWNER, and Norris Audio Video Systems of the City of Amarillo, County of Randall and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and inconsideration 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 #265-00/RS - CITY OF LUBBOCK COLISEUM SOUND SYSTEM RENOVATION $78,255.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: Secretary APPROVED AS TO CONTENT: Owner's Reooes ative APPROVED AS TO FORM: City Attorney Cl BOCK EXA (OWN R) CONTRACTOR:No��,-s By: ! UV PRINTED NAME:��I G�'uE'� ►�+�ef/ TITLE: Ou, ?I ATTEST: COMPLETE ADDRESS: Corporate Secretary Norris Audio Video Systems 7529 Canyon Drive Amarillo, Texas 79110 1 No Text 2 3. 4. 5. GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit NORRIS AUDIO VIDEO SYSTEMS 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 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. 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. 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. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless 1 i otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it 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) 04. 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. „k... 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE Poll t 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 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. M The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING M It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or r men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 3 a 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons_ competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. _ If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner. or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 4 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 Pik such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses`incurred in preparation for the work as originally planned. *^ 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined, by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then -the cost to maintain and operate the same shall be included in the "actual field cost." 5 No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. ,In case, any orders or instructions appear to the Contractor to involve extra work for which Contractor should_receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative fora written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute, extra as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described, in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that, the Contractor fully understands -the work to be included and has provided sufficient sums in,its bid,to complete the work in accordance with these plans and specifications. If Contractor does not notify to Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance 'with an insurance company licensed to transact business in the State of Texas, which policy shall comply1with the Workers' Compensation laws_of the State of Texas., The Contractor shall at all times exercise reasonable a_. � b� precaution for the safety of employees and others.on.or near the _work and shall comply withyall 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 19 11 of Associated General Contractors of America, except where incompatible with federal, state or s. municipal laws or regulationsThe Contractor, its suretie ,`, • � 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, 6 F i "i 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. f 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. a 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 coverall 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 X500.000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury Y B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance K: The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; rM Bodily Injury/Property Damage, $_,__500.000.00 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. D. Builder's Risk Insurance/Installation Floater Insurance.. 7 The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. 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: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- -- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated _to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on - the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity 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. VO The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 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. 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. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverageperiod 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; 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. 9 6 F. . 7. 8. ate+. 9. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 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. 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. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverageperiod 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; 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. 9 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. y (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.wiil be,acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; - (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental -' entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (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; 10 t"" (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the r" 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: ° n (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions"; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that -- materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i) -(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUt3CUN I KAU I UKJ, LAtsUKtKS. NIH I CKIHLIVICIV, mimu ru 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. 32. LAWS AND ORDINANCES 12 The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. t 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 $150.00 (ONE HUNDRED FIFTY 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 fir= substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION r 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 contractor by its own force, the Owner's Representative may '� " 13 direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such securing whether aterial or' workmen, or an other cause olr o cu rence. No charge shall be,madeulbties a delays in growing out of delaysp • g y y the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the _Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS ,� . No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material. to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing -- their bids offered for the work. In the event the amount of work to be done andy materials to be furnished are .. � ,. . � � �,�sto� n � expressly stated to be estimated, and only when same are expressly stated to be estimated, it is� underod and agreed that the actual amount of work to be done and the materials towbe furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract,is'the,unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, -- 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. 14 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by A„„ Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's + Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable, 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final - completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, '"�" 15 Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents_and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) 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. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written, notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. 16 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 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 P**, under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice ?^ hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In, case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost:to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. ` In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract -* accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the r� 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 either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. 17 The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as'provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the -contract -documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The 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. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent: The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same 18 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 r� products or byproducts and/or asbestos. 19 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 11.50 Air Conditioner Installer 12.50 Air Conditioner Installer -Helper 6.25 Asbestos Worker 9.00 Asbestos Supervisor 12.50 Bricklayer 12.50 Bricklayer -Helper 7.00 Carpenter 11.00 Carpenter -Helper 7.00 Cement Finisher 8.00 Drywall Hanger 11.00 Electrician 13.75 Electrician -Helper 7.00 Equipment Operator -Heavy 9.50 Equipment Operator -Light 8.50 Floor Installer 9.50 Glazier 10.50 Insulator-Piping/Boiler 11.50 Insulator -Helper 7.00 Iron Worker 11.00 Laborer -General 6.00 Mortar Mixer 6.00 Painter 9.50 Plumber 12.50 Plumber -Helper 7.00 Roofer 9.00 Roofer -Helper 7.00 Sheet Metal Worker 10.00 Sheet Metal Worker -Helper 7.00 Welder -Certified 11.00 1 ss�+ EXHIBIT B r-* Paving and Highway Construction 2 ,.., Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 .. Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 '^ Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 r-* 2 Mi EXHIBIT C "ff"" Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. r a-, 3 c SPECIFICATIONS P SOUND REINFORCING SYSTEM PAGE I OF 12 SECTION - 11770 SOUND REINFORCING SYSTEM PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. General Conditions and Requirements, Special Provisions, and applicable portions of Division I of the general contract are hereby made a part of this Section. B. Architectural, structural, mechanical, electrical, and other applicable documents and drawings are considered a part of the Sound Reinforcement systems (hereafter referred to as Sound Systems) documents insofar as they apply as if referred to in full. 1.2 SCOPE OF THE WORK A. These Specifications, together with the related_ drawings and General Conditions of the contract, comprise the requirements for modifications to the existing sound system in the Coliseum. B. Furnish, deliver, erect, install and connect completely all of the material and appliances described herein and in the Drawings, and supply all other incidental material and appliances, tools, transportation, etc., required to make the work complete, and to leave the systems in first class operating condition, excluding those items listed under Section 1.10, RELATED WORK IN OTHER SECTIONS. C. Perform all assembly of equipment, wiring and inter -connection and soldering of wires to jacks, devices, terminals or equipment, using technical employees only, who are experienced in the installation of sound reinforcement equipment and its inter -connection. Coordinate final ,,. utility rough -in locations with actual equipment furnished. D. Verify dimensions and conditions at the job site prior to installation, and perform installation in accordance with these Specifications, manufacturers' recommendations and all applicable code requirements. 1.3 QUALITY ASSURANCE A. The intent of these Specifications is to describe and provide for complete Sound Reinforcement Systems of high professional quality and reliability. Professional performance standards by the Sound Systems Contractor (hereafter referred to as Installer) and the equipment will be required. B. In all cases, the Owner shall determine the acceptability of the work based upon the visits, observations, and reports. of the Acoustical Consultant (hereafter referred to as Consultant). 1.4 SUBSTITUTIONS A. Many items are listed in the Specifications by the manufacturer's type or model number, without a detailed performance specification, and may not include the phrase "or approved equal". Where this is the case, no substitutions will be accepted, without a written request from the Installer and the written consent of the Consultant. SOUND REINFORCING SYSTEM PAGE 2 OF 12 B. Where the phrase or approved equal" appears, the item specified shall set a standard of quality and performance, based on the published specifications of the manufacturer and on the actual performance as known by the Consultant. C. Requests for substitution, when forwarded by the Installer to the Consultant, are understood to mean that the Installer represents that he has personally investigated the proposed substitute product and determined that it is equal to or superior in all respects to that specified, that the same guarantee will be provided for the substitution as for the specified product, and that the Installer will coordinate the installation of the accepted substitute, making such changes as may be required for the for the work to be complete in all respects. D. Substitutions will not be considered if they are indicated or implied in Shop Drawing submissions without previous formal request, or, for their implementation, they require a substantial revision of the Contract Documents in order to accommodate their use. E. Space allocations and utility rough -ins have been designed on the basis of equipment items named by manufacturer and model number. If any equipment not so named is offered which differs substantially in dimension or configuration from the named equipment, provide scaled shop drawings showing that the substitute can be installed in the space available without interfering with other trades or with access for operation and maintenance in the completed project. The Installer shall coordinate final utility rough -in locations with actual equipment furnished. F. Where substitute equipment requiring different arrangement or connections from those indicated in the drawings is accepted by the Consultant, install the equipment to operate properly and in harmony with the intent of the Drawings and Specifications, making all necessary incidental changes without increasing the Contract amount. Pay all additional costs incurred by adjoining or connecting trades. G. All requests for substitutions shall be submitted at least one week before the bid opening date. Substitutions shall be requested in writing only, based upon these criteria. 1.5 INSTALLER QUALIFICATIONS A. The work performed under this Section shall be performed by a Sound Systems Contractor, normally engaged in the business of sound reinforcement systems installation. The prospective contractor shall show proof, as part of the bid, that he has been in the sound reinforcement systems installation business for a period of not less than five years and has successfully completed projects of similar size and scope. B. Each bidder shall hold a current, valid franchise for the major lines of equipment furnished by him under these Specifications, or shall exhibit adequate ability to service the equipment. C. The Owner and Consultant reserve the right to reject any bids submitted by firms without sufficient experience in projects of similar size and scope. 1.6 COOPERATION AND COORDINATION A. Cooperate and coordinate as required with the other contractors who are responsible for work not included in this section. 60 SOUND REINFORCING SYSTEM PAGE 3 OF 12 B. Provide any and all information as required or requested by the Owner, Consultant, Consultant, or General Contractor in order for this work to be completed to the satisfaction of the Owner, and in the best interests of the Project. Such assistance or information shall be transmitted in writing to the requesting party in all cases. All written correspondence shall be copied to the Consultant. 1.7 GUARANTEE AND WARRANTY A. Guarantee all parts, labor, and workmanship furnished under this contract for a period of twelve months from the date of substantial completion. B. During the warranty period, report to the site and repair or replace any defective materials or workmanship without cost to the Owner. Warranty service shall be rendered within 48 hours after request by the Owner. Equivalent replacement equipment shall be temporarily provided when immediate on-site repairs cannot be made. C. Where warranties on individual pieces of equipment exceed twelve months, the guarantee period shall be extended to the warranty period of the particular items. D. Furnish complete and working Sound Systems. Be of maximum assistance to the Owner during the guarantee period of the system, to the degree that maximum Owner satisfaction is assured. E. After completion of the work, the Installer shall submit a Certificate of Warranty, stating commence and expiration dates and conditions of the warranty, for signature of both parties. Incremental warranties for completed portions of the work may be negotiated at the discretion of the Owner, if delays occur beyond the control of the Installer. 1.8 SHOP DRAWINGS AND SUBMITTALS A. Within 45 days after the notice to proceed, submit to the Consultant, six (6) identical copies of the following for approval: 1. A complete equipment list, with manufacturers' names, model numbers, and quantities of each item; 2. Manufacturers' data sheets on all equipment items which differ from the specifications. 3. Equipment rack layouts showing locations of all rack mounted equipment items; 4. Comprehensive system schematics, showing detailed connections to all equipment, with wire numbers, terminal block numbers, and color coding; B. All final documentation shall be submitted and approved before final acceptance by the Owner will be granted. Within 45 days after completion of the work, deliver to the Consultant, four (4) sets of blue -line drawings and one (1) reproducible set of drawings prepared on 30" x paper and four (4) identical copies of the following: 1. A complete as -installed equipment list, with manufacturers' names, model numbers, serial numbers, and quantities of each item; SOUND REINFORCING SYSTEM PAGE 4 OF 12 2. A complete and correct system schematic, showing detailed connections for all parts of the system, including wire numbers, terminal block numbers and layouts, and other designations and codings. System performance measurements as noted elsewhere in this specification shall be documented. Include diagrams or charts showing final settings of all control knobs in the system (mixers, equalizers, power amplifiers, etc.); 3. Complete equipment rack layouts showing locations of all rack mounted equipment items; -� 4. Repair parts lists for each and every major equipment item furnished; 5. Service manuals for each and every major equipment item furnished; 6. Manufacturer's warranties and operating instructions for each and every equipment item furnished. Include a copy of the certificate of warranty, signed by both parties. 7. Technical Systems Operations Manual, custom -written, by the Installer, for the purpose of instructing the Owner's operating personnel in the detailed step-by-step operation of the system and preventive maintenance procedures. This manual shall include descriptions of the system components and their relationship to system function. This manual shall be bound separately and labelled appropriately. 1.9 DESCRIPTION OF THE WORK A. The work includes, but is not limited to the following items: 1. Removal of existing loudspeakers from the existing suspended frame, and relocation of some to locations suspended from the catwalk. 2. Removal/relocation of existing delayed loudspeakers. 3. Furnishing and installation of new supplemental loudspeakers, suspended from the catwalk. (Some speakers are listed in Alternate #1 — See Paragraph 4.1). 4. Replacement of all system electronics. 5. Re -use of some existing microphone wire, and installation of new microphone jacks and wall plates. 6. Re -use of existing loudspeaker wire; Furnishing and installation of new subwoofer loudspeaker wire. 7. Other miscellaneous wiring and work described herein and on the drawings. 8. Microphones, jacks, wire, and all miscellaneous parts of the system. P SOUND REINFORCING SYSTEM PAGE 5 OF 12 1.10 RELATED WORK IN OTHER SECTIONS A. None. P" PART 2 - PRODUCTS 2.1 GENERAL A. All equipment items shall be new and unused. B. The following sections specifically list the acceptable equipment types and items for this project. Where quantities are not noted, they may be obtained from the drawings. In the event of a discrepancy between the specifications and the drawings, the greater quantity or better quality shall be furnished. C. Refer to Section 1.4, SUBSTITUTIONS of this Specification. 2.2 WIRE & CABLE A. Existing microphone wire, intercom wire, and loudspeaker wire is to be re -used, with new connectors. All additional wire and cables shall be new and unused. B. Wire not installed in equipment racks, not portable, or not installed in conduit shall be fire - rated as required to meet all applicable codes. C. Constant voltage (70 -volt) speaker cable: Belden 8471 stranded 16AWG twisted pair or approved equal. D. Voice coil speaker cable (all except subwoofers): Belden 8477 stranded 12AWG twisted pair or approved equal. Subwoofers: Stranded 10 AWG twisted pair or approved equal. Install all wire for all subwoofers, including Alternate #1, under Base Bid. E. Microphone -level audio cable (installed in conduit, not portable): Belden 8451 stranded 22AWG twisted pair with foil shield or approved equal. F. Line -level audio cable and all inter -rack audio cable: Belden 8451 stranded 22AWG twisted pair with foil shield or approved equal. G. Intercom cable installed in conduit: Belden 8762 stranded 20AWG twisted pair with foil shield or approved equal. Where two channels are needed at any station: Belden 9402 stranded 20AWG two twisted pair with individual foil shield or approved equal. H. Portable microphone cables: Canare L-4E6S Star Quad black flexible cable or approved equal. I. Portable speaker cables: Canare 4S8 or approved equal. J. Other equipment control cables shall be stranded wire, appropriately shielded, of gauge and number of conductors required by the manufacturer for proper operation of the system or equipment item furnished. P^ SOUND REINFORCING SYSTEM PAGE 6 OF 12 L. Wire and cable for all other devices shall be supplied in accordance with the recommendations of the device manufacturer and the National Electrical Code. M. Furnish an insulated 12AWG THW stranded copper wire connecting the mixing console sheet metal to the rack sheet metal, and terminate at each end to bare metal. Multiple racks shall be securely bolted together. 2.3 JACKS, CONNECTORS, AND WALL PLATES A. All plate -mounted connectors shall be ground -insulated from the plates on which they are mounted. B. For non-standard custom panels, connectors shall be installed on 1/8" thick black anodized brushed aluminum panels. Nomenclature shall be engraved into the panel with 1/8" block letters filled with white paint. C. All other jacks shall be installed on standard brushed stainless steel finish plates. Nomenclature shall be engraved into the plate with 1/8" block letters filled with black paint. All mic jack locations shall be numbered consecutively, starting from one (1). E. Unless otherwise specified, all jacks and connectors for the sound systems shall be as follows: 1. Microphone and line -level input jacks: Switchcraft QGP-series 3 -pin female XLR connectors, or approved equal. 2. Audio output jacks and intercom jacks: Switchcraft QGP-series 3 -pin male XLR connectors, or approved equal. 3. Cable -end audio connectors: Switchcraft QGP-series 3 -pin XLR connectors, or approved equal. 4. Performance monitor speaker jacks: Switchcraft E-1 12B series locking 1/4" phone jack, or approved equal. 5. Furnish and install the required number of jacks and connectors as indicated on the drawings. 2.4 EQUIPMENT RACKS A. Existing racks may be re -used, at Contractor option. B. Heat -producing components, such as power amplifiers, shall be mounted with one 1-3 /4" vent panel installed between units, or as recommended by equipment manufacturers. Fill all other unused portions of rack front sections with matching blank panels. C. Re -use the existing power sequencer. Furnish and install a new key switch, to perate in parallel with the existing key switch. Locate as noted on the plans, at the NE corner of the main floor. D. All mounting screws shall be theft resistant. r-+ SOUND REINFORCING SYSTEM PAGE 7 OF 12 E. Furnish and install the following (unless existing units are re -used): 1. Main Equipment Racks: Soundolier 502 -series or approved equal multi -rack with side panels, locking rear door, and tapped mounting rails. Size as required to accommodate the equipment supplied. 2.5 MICROPHONES, STANDS, CORDS A. Existing microphones and wireless microphones are to be re -used. 2.6 WIRELESS MICROPHONE SYSTEMS s- A. Existing wireless microphones are to be re -used. 2.7 AUDIO MIXING CONSOLE A. Furnish and install a rack -mounted mixing console. Connect as shown on the drawings. B. Furnish and install the following: 1. Allen & Heath MixWizard or approved equal. .. 2.8 DISTRIBUTION AMPLIFIER A. Furnish and install in the main rack. Connect as shown in the drawings. B. Furnish and install the following: 1. White Instruments 4926 or approved equal. 2.9 AUDIO DIGITAL PROCESSOR A. Furnish one audio digital processor, which shall provide the following functions: Limiting, Parametric equalization, delay, crossover, and signal combining. n• B. Refer to paragraph 3.2 under this specification for additional information. Programming of this unit is by the Consultant. C. Furnish and install the following: 1. White Instruments Paramedic 26 or approved equal. r" 2.10 POWER AMPLIFIERS A. Each power amplifier shall have an input connector which is either a screw-type barrier strip or XLR type. Output connectors shall be barrier strip. Other types of connectors shall not be accepted. r^+ r-+ SOUND REINFORCING SYSTEM PAGE 8 OF 12 B. All power amplifiers shall be supplied with one (1) 15k:15k-ohm bridging input transformer for each channel used. All power amplifiers shall have detented stepping input level controls. Install the units in the equipment racks and connect as indicated in the drawings. C. Furnish and install the following: 1. PA 1-2: One QSC CX404 or approved equal. 2. PA 3-4: One QSC CX404 or approved equal. 3. PA 5: QSC CX 1102 or approved equal. 4. PA 6: QSC CX 1102 or approved equal. 5. PA 7: QSC CX 1102 or approved equal. 6. PA 8: QSC CX 1102 or approved equal. 7. PA 9: QSC CX 1102 or approved equal. 8. PA 10: QSC CX 1102 or approved equal. 9. PA 11: QSC PL9.0 or approved equal. 10. PA 12: QSC PL9.0 or approved equal. 2.11 MAIN LOUDSPEAKERS A. The drawings indicate the loudspeaker positions and aiming points. B. Speakers shall be suspended from the catwalk structure, at the positions and angles indicated. Suspend each component with aircraft quality steel cable, in such a way as to facilitate minor angle adjustments. Safety factor shall be at least 5. Secure any loose hardware to prevent vibration and rattling. Orient each speaker at the location and angles indicated in the drawings. Make minor adjustments as required to provide even sound distribution. The Sound Contractor shall provide and install all miscellaneous hardware, other than main structural steel, for the suspension of the loudspeakers. C. Measure and record the impedance of each driver at the amplifier terminals. High frequency drivers shall be measured at 1000Hz; low frequency drivers shall be measured at 250Hz. Include the measurements in the final documentation. D. Bench -test all existing speaker components. Notify the Owner promptly of any non -working component. Repair expense for existing speaker components is not included in this contract. E. The schedule of loudspeakers is shown on the drawings: 1. HF1-8: Existing EV HP -series horns, as noted. 2. MF1-8: Existing EV TL806DX, as noted. SOUND REINFORCING SYSTEM PAGE 9 OF 12 3. S9 -S16: New Electrovoice FRX640 (using passive internal crossover). 4. HF17-18: Existing EV HP -series horns, as noted. 5. LF 17-18: Existing EV TL806DX, as noted. 6. Subl-Sub4: New Electrovoice TL88013. (Note: Sub5-Sub8 are in Alternate #1 — see Paragraph 4. l ) 2.12 CEILING MOUNTED LOUDSPEAKER ASSEMBLIES A. Furnish ceiling mounted loudspeakers in four new private suites. B. Each speaker shall be installed in a recessed enclosure. Furnish braces designed to provide additional support to the weight of the speaker and prevent tile sag. Coordinate exact locations with the Consultant. Connect the loudspeakers as indicated in the drawings. C. Tap the transformers at 8 watts each. Measure and record the impedance at 1000Hz of each home run at the amplifier terminals. Include the measurements in the final documentation. D. Furnish and install the following: 1. Soundolier C803 -T87 coaxial 8" loudspeaker with 8 watt transformer tapped at 8 watts each, or approved equal 2. Soundolier T95-8-7 recessed loudspeaker enclosure, or approved equal, filled loosely with fiberglass insulation. 3. Soundolier T720-8 baffle with heavy-duty springs, or approved equal. 4. Soundolier 180-2 speaker supports, or approved equal. 5. AT -series wall -mounted volume control: One for each room. 2.13 PRODUCTION INTERCOM SYSTEM A. Replace jacks as noted on the drawings. Re -use existing Clear -Com equipment. PART 3 - EXECUTION 3.1 INSTALLATION A. Furnish components, racks, wire, cabinetry, connectors, materials, parts, equipment and labor necessary for the complete installation of the systems, in full accordance with the recommendations of the equipment manufacturers and the requirements of the drawings and specifications. B. Installation shall follow standard broadcast wiring and installation practice, and shall meet or exceed industry standards for such work, with particular attention given to any installation instructions in Part 2 of these Specifications. SOUND REINFORCING SYSTEM PAGE 10 OF 12 C. Equipment shall be held firmly in place with proper types of mounting hardware. All equipment affixed to the building structure must be self-supporting with a safety factor of at least three. All equipment shall be installed so as to provide reasonable safety to the operator. Supply adequate ventilation for all enclosed equipment items which produce heat. D. Furnish the system to facilitate expansion and servicing using modular, solid-state components. All equipment shall be designed and rated for continuous operation and shall be UL listed, or manufactured to UL standards. E. Terminate all unused inputs and outputs with proper precision shielded resistors. Build -out or terminate all link circuits containing passive components to provide matching impedances. Record all pad values in the final documentation. F. Observe proper circuit polarity and loudspeaker wiring polarity. No cables shall be wired with a polarity reversal between connectors with respect to either end. Special care shall be taken when wiring microphone cables, to insure that constant polarity is maintained. Balanced audio connectors shall be wired as follows: WIRE CONNECTOR SIGNAL BLACK PIN #3 OR RING LO OR NEG RED OR WHITE PIN #2 OR TIP HI OR POS BARE PIN #1 OR SHIELD GROUND G. Provide all audio circuits balanced and floating, except as noted in the Specifications or directed by the Consultant at the time of final equalization and testing. Shields of audio cables shall be grounded at one end only, at the inputs of the various equipment items in the system. H. Route cables and wiring within equipment racks and cabinetry according to function, separating wires of different signal levels (video, microphone level, line level, amplifier output, 120VAC, intercom, control, etc.) by as much physical distance as possible. Neatly arrange and bundle all cables loosely with plastic cable ties. Cables and wires shall be continuous lengths without splices. 1. All system wire, except spare wire, after being cut and stripped, shall have the wire strands twisted back to their original lay and be terminated by approved soldered or mechanical means. No unterminated wire ends will be accepted. Heatshrink type tubing shall be used to insulate and dress the ends of all wire and cables. Include a separate tube for the ground or drain wire. J. All cables in conduits shall be insulated from each other and from the conduit the entire length and shall not be spliced. All" cables and wires are to be continuous lengths without splices. K. All solder joints and terminations shall be made with resin -core silver solder. L. Temperature regulated soldering irons rated at least 60 watts shall be used for all soldering work. No soldering guns or temperature unregulated irons shall be used on the job site. i SOUND REINFORCING SYSTEM PAGE 11 OF 12 M. Mechanical connections shall be made using approved connectors of the correct size and type for the connection. Wire nuts will not be accepted. N. Each 'mechanical connector shall be attached using the proper size controlled -duty -cycle ratcheting crimp tool which has been approved by the manufacturer of the connectors. Conventional non -ratcheting type crimping tools are unacceptable, and shall not be used on the job site. O. Label all wires in racks and console as to destination and purpose. Clearly and permanently label all jacks, controls, and connections with permanent engraved laminated plastic labels or by engraving and filling mounting plates, unless otherwise noted. Attach laminated plastic labels with contact cement. Embossed or printed label tape, and press -on or lift-off lettering systems will not be accepted. All labeling shall be completed prior to final system inspection. 3.2 FINAL TESTING AND EQUALIZATION A. The completed sound system is to be tested for compliance with the Specifications, and is to be equalized, by Boner Associates, Inc., Austin, Texas, under separate contract with the Owner. B. The testing and equalization work shall be performed after the installation work has been completed, but prior to any use of the system. During the testing and equalization work, the Installer shall have on the job site one (l) competent technician who is familiar with the project, and who will be prepared to stay as long as his services are needed. C. The process of equalizing and testing the system may necessitate moving and adjusting certain loudspeakers. Adjustments shall be performed without claim for additional payment. D. Coordinate as necessary to ensure a totally quiet room during the sound reinforcement systems testing and balancing period. E. Prior to requesting systems testing, ensure that all systems are in first-class working condition and free of short circuits, ground loops, parasitic oscillations, excessive system noise beyond published specifications of the equipment, hum, RF interference, or instability of any form. F. Should the performance testing show that the Installer has not properly completed the systems, the Installer shall make all necessary corrections or adjustments and a second demonstration shall be arranged at the Installer's expense. G. The final acceptance of the system by the Owner will be based upon the report of the Consultant following inspection, testing, and demonstration. A list of items in need of completion or correction shall be generated by the Consultant, which must be corrected by the Installer before final acceptance will be granted. 3.3 SYSTEM PERFORMANCE A. After equalization and testing, the sound system shall meet or exceed the following specifications: I . System shall be free of short circuits, ground loops, parasitic oscillation, excessive system noise, hum, RF interference, and instability of any form. SOUND REINFORCING SYSTEM PAGE 12 OF 12 2. Maximum SPL with band -limited pink noise input to the system shall be 95 dB before audible distortion occurs. 3. Seat -to -seat variation in SPL at 4kHz octave band pink noise shall be within a tolerance of plus or minus 4dB SPL. _ 4. Acoustic response of the system shall be plus or minus 1.5dB along a line which is flat from 40 Hz to 4000 Hz and which rolls off at 1 dB per octave to 16kHz. 3.4 OWNER TRAINING AND FAMILIARIZATION A. The Installer shall furnish the Owner's representatives with training necessary to properly _ operate the systems. Demonstrate in detail all functions of the systems. Provide a minimum offour hours of instruction and familiarization for this purpose. B. The training phase shall be accompanied by complete as -built documentation and the custom technical systems operation manual, as described in Section 1.8. C. Contractor shall have a qualified representative, familiar with the system, to assist in operation at two (2) schedule events, selected by the Owner. 4.0 ALTERNATES A. Furnish and install the items listed below. Provide a separate price for each category (4.1, 4.2, etc.). 4.1 ALTERNATE #1 A. Subwoofers Sub5-Sub8: Four units: Electrovoice TL880D or approved equal. _ B. Power Amplifiers PA 13, PA 14: Two units: QSC PL9.0 or approved equal. 4.2 ALTERNATE #2 A. Furnish one portable mixer, for use at the announcer position: Shure M268 or approved equal, with 50 -foot XLR cable. 4.3 ALTERNATE #3 A. Furnish and install one new wireless microphone system: Shure UC -series UHF wireless, with hand-held Beta -58 head, or approved equal.