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HomeMy WebLinkAboutResolution - 5942 - Contract - Tarpley Music Company Inc.- Lubbock Municipal Auditorium Sound System - 06/25/1998Resolution No. 5942 Item No. 19 June 25, 1998 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 with Tarpley Music Company, Inc, of Amarillo, Texas to install and furnish all materials and services for the Lubbock Municipal Auditorium Sound System. 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 Council. Passed by the City Council this 25th day of June , 1998. APPROVED AS TO CONTENT: Victor KilmarL Purchasing Manager APPROVED AS TO FORM: .ho4v� AAL William de Haas, Municipal Contracts Attorney WdAk/Tarpley Music-Auditorium.RES.doc ccdocs/June 15, 1998 Kes � 5q42--...* CITY OF LUBBOCK SPECIFICATIONS FOR LUBBOCK MUNICIPAL AUDITORIUM SOUND SYSTEM BID #98117 �. «Ifl 6'� c CITY OF LUBBOCK Lubbock, Texas I r (806) ITS #98117, Addendum #1 MAILED TO VENDOR: June 3, 1998 Office of Purchasing CLOSE DATE: June 10, 1998 @ 2:00 PM 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. Specifications: Paragraph 2.19 Delete entire paragraph. Replace with the following" 2.19 MILLWORK A. Furnish and install the following prefabricated desk consoles, or equal: Finish shall be as directed by the Owner. 1. HSA Super Extended Rolltop: One unit. Locate main console, console power supplies, wireless receivers. 2. HSA High Rise Mini: One unit. Locate patch panels and music playback devices. 3. HSA Standard Rolltop. (For future use in relocation of lighting controls. Relocation of lighting controls is not included in this contract). B. Remove seats in the general area shown on the plans. Provide sufficient space for the three desks. C. Using 1" plywood and required bracing, provide a flat floor for the desks to rest on. Use the drawings as a general guideline. Modify dimensions as required to accommodate the equipment furnished. Paint all exposed wood to match the floor. 2. Removal of existing equipment will be done by Owner. 3. Please find enclosed the referenced drawings for Bid #98117 [ITB 98117ad1.doc i ITB #98117, Addendum #1 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 1 Questions may be faxed to: (806)767-2164 or Email to: Rshuffield@mail.ci.lubbock.tx.us 4THAYOUuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 7 [ITB 98117ad1.doc j 4 r Flo r CITY OF LUBBOCK INVITATION TO BID FOR TITLE: LUBBOCK MUNICIPAL AUDITORIUM SOUND SYSTEM ADDRESS: LUBBOCK, TEXAS BID NUMBER: 98117 PROJECT NUMBER: 9542.9226 CONTRACT PREPARED BY: PURCHASING DEPARTMENT t 2. 3. 4. 5. 6, 7. 8. E 9. 10. NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS ;1 i Idb u NOTICE TO BIDDERS ,I. i k j ,... I 1: NOTICE TO BIDDERS (.•, BID #98117 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 2:00 o'clock p.m. on the 10th day of June, 1998, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "LUBBOCK MUNICIPAL AUDITORIUM SOUND SYSTEM" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 25th day of June, 1998. 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 ii 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 Bg_8 Batino of B or superio , as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre-bid conference on 2nd day of June, at 10:00 o'clock a.m., in the L04 - Purchasing Conference Room, 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. t" 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. ra The City of Lubbock does not discriminate against persons with disabilities. Ci 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) 767- 2281 at least 48 hours in advance of the meeting. CITY OF LUBB C Y�� VICTOR KILMA PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 162513th Street, Room L-04, Lubbock, Texas 79401; Telephone (806) 775-2167/Fax (806) 775-2164. No Text r 3 4 5. SCOPE OF WORK The contractor shall fumish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the LUBBOCK MUNICIPAL AUDITORIUM SOUND SYSTEM. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 78457 FAX (806) 775-2164 The construction covered by the contract documents shall be fully completed within 60 (SIXTY) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. r All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 7. 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. IT, F011 _V0_6M0I Jai ■' 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. 9. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this . Contract. Also, the Contractor warrants the year 2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 2 r ` 11. PROTECTION OF THE WORK fool The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, tsupplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. �,.. 12. TEXAS STATE SALES TAX This contract is issued by an organizationwhich qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. i 1 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. a•• 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the !" location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by �., Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 14. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, !" and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and .lights shall not cease until the.date of issuance to Contractor of City's certificate of acceptance of the project. 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given 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. 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. -' 17. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an ` inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 4 7 iN 20. 21. r 22 di 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. The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, swom, 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. 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. The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each 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: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 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. The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. '3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. 6 F t j a 1 BID SUBMITTAL f E BOND CHECK RATING BEST UCEN D !N S DATE By_. BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: LUBBOCK, TEXAS DATE: JUNE 10, 1998 PROJECT NUMBER: #98117 - LUBBOCK MUNICIPAL AUDITORIUM SOUND SYSTEM Bid of TARPLEY MUSIC COMPANY, INC. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: s The Bidder, in compliance with your invitation for bids for the construction of a SOUND SYSTEM FOR THE LUBBOCK MUNICIPAL AUDITORIUM 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. BASE BID: Auditorium sound system as specified herein. . MATERIALS: ONE HUNDRED THOUSAND DOLLARS ($ 100,000.00 ) SERVICES: EIGHTEEN THOUSAND EIGHT HUNDRED THIRTY—NINE ($ 18,839.00 ) TOTAL BASE BID:ONE HUNDRED EIGHTEEN THOUSAND EIGHT HUNDRE($ 118,839.00 ) THIRTY—NINE ALTERNATE BID #1: Furnish and install four (4) complete wireless microphone systems as specified herein. TOTAL ALTERNATE BID #1: SIX THOUSAND TWENTY—TWO AND 87/100 ($ 6,022.87 ) ALTERNATE BID #2: Six (6) AKG C747 microphones for stand -mounted pickup as specified herein. TOTAL ALTERNATE BID#2: THREE THOUSAND FIVE HUNDRED SEVENT)($ 3, 570.00 ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown In words shall govern.) i 4_ (Seal if Bidder is a Corporation) Secretary 4 t 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) consecutive calendar days thereafter as stipulated in the specifications and other contracf documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. bidding. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of one hundred f i f tv thous ancDollars ($ 15 0, 0 0 0 . Q 0 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 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. ` At ed Sign tune r , (Printed or Typed Nam6) 2 _TARPLEY MUSIC CO. INC. Company 2420 COMMERCE Bidder Address AMARILLO ,RANDALL City, County TEXAS 1 79109 State Zip Code Telephone: 806— _355-0795 06= =3— Fax: 806—=3-6923 Bidder acknowledges receipt of the following addenda: Addenda No. 1 Date JUNE 3, 1998 Addenda No. Date Addenda No. Date r i . p LIST OF SUBCONTRACTORS Minority Owned Yes No LESLEY ELECTRIC.COMPANY NO 2. 3. 4. 5. 6. 7. 8 9, 10. 3 r . , . im 8 198 15:06 FROM UNIVERSAL SURETY �UNIVERSAL SURETY OFAMERICA Rolm - UNIVERSAL 9111'TY OF AMERICA BID BOND Bond No. GPA 106 1569 MOW ALL MEN BY THESE PRESENTS, that we Tarpley Music Co., Inc. as Principal, hereinafter called the Principal, and UNIVERSAL SURETY OF AMERICA, 950 Echo Lane, Suite 250, Houston, Texas 77024, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock, Texas, Lubbock, Texas Obligee, Name. Address.City, State. Zip, Phone Number hereinafter called the Obligee, in the sum of–L—% of the amount of this bid not to exceed One -Hundred Fifty Thousand and 00/100 Dollars ($150, 000 ) for the payment of which slim well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bidfor_Lubbock Municipal Auditorium Sound System NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract; if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution ofthe final contract shall firmish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 8th day of June 1998 UNIVERSAL SURETY OF AME EA (Attomey-121- act nnis Northington NIVERSAL SURETY OF AMERICA r UNIVERSAL SURETY OF AMERICA 1812 Durham / Houston, Texas 77007 GPA 106 For verification of the authority of this power you may telephone (713) 863-7788. Power of Attorney Valid Only If Last Four Digits Appear In Red GENERAL POWER OF ATTORNEY — CERTIFIED COPY Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint Dennis Northington Edna L. Watson Steve Suhey of San Antonio and 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 execute, acknowledge and deliver Bonds not to exceed $25,000 (excluding Payment, Performance and Bid Bonds), unless such is accottmanied by a letter of authority signed by the President, Secretary or Executive Vice President of Universal Surety of America. and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do within the above stated limitations, and such authority is to continue in force until July 31, 1992 Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the I Ith day of July. 1984. "Be It Resolved, that the President. any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact.to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the corporation. In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. _ and its co day of nmiitrrtr, to be hereto affixed this 1st March , A.D., l9 9� a�.SURi= UNIVERSA RET A Cr State of Texas John nox,`Jr . t. r County of Harris u On this 1 I day of March , in the year _.90 . Iefore me 5Ira_ lanlitr a notary public. personally appeared John Knox . Jr . ,personalty known to me to person who executed the within instrument as President , on behalf of the corporation therein named and acknowledged to me that the corporation executed it. c� w s r�� ;Wr,,�0. . I.l Notary Public 1, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. GIVEN under my hand and the seal of said Company, at Houston, Texas. this 8th day of June . 199100, . Secretary COMPLAINT NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal Surety of America at 1812 Durham, Houston, Texas 77007 or by calling (713) 863-7788. If the problem is not resolved you may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714-9091, Fax (512) 475-1771. This notice of complaint procedure is for information only and does not become a part or condition of this bond. Any instrument issued in excess of the penalty stated above is totally void and without any validity. No Text r i r STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) i KNOW ALL MEN BY THESE PRESENTS, that Tarpley Music Company, Inc. (hereinafter called the Principal(s), as i Principal(s), and Universal Surety ofAmerica (hereinafter called the SureMs), as Sur%s), are held qnd firm) bound unto the City of Lubbock (hereinafter called the ne Hundred enty-Eight ho�sa PM Obligee), in the amount of F�F.r HL�nrir�i Th�`rty-Two and No/lo---------Dollars ($128,432.00) lawful money of -the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 25th day of June 19 98,to Bid #98117 - Lubbock Municipal Auditorium Sound System fool 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 8th dayof July 1R-9 —8. IL Universal Surety of America Tarpley Music Company, Inc. Surety Principal G (Title) Krystal L.:l7a11ace Attorney--in-Fact By; (Title) By: (Title) 1 4 low UNIVERSAL SURETY OF AMERICA 7 * UNIVERSAL SURETY OF AMERICA 71- P.O. BOX 1068 -Houston, Texas 77251-1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY Bond Numna TX 0926244 00 Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint Krystal L. Wallace its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bonds for. 7 Principal: Tarpley Music Company, Inc. i Obligee: City of Lubbock Amount: $128,432.00 Vand to bind the company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Z `. company and duly attested by its secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do within the above stated p4 limitations. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of C W America at a meeting held on the 11 th day of July, 1984. tT7 eL "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power COO .. w and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company." a R o r "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any to power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation." C-1 tTj :Z) In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, Jack McReynolds and its y vs corporate seal to be hereto affixed this 2nd day of January, AM, 1998. O Q Oxy vs UNIVERSAL SURETY OF AMERICA a { W „p111111H HH > ���dRETr 0 z'ay � n _>. 4 *11., TEX,,aN,,1` Jack McReynolds President i State of Texas „"111100, ss: County of Harris On this 2nd day of January, in the year of 1998, before me Estela Leila, a notary public, personally appeared Jack McReynolds, ' personally known to be the person who executed the within instrument as President, on behalf of the corporation therein named and acknowledged to me that the corporation executed it. MY tX1fr1�5IDN EXPIRES �.. IIQOQi1�9f i;,' CI Notary Public C I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power ofAttomeX is still in affect. IGIVEN under my hand and the seal of said company, at Houston, Texas, this 8TH day of JUDY '19- .9° + As istant Secretary For verification of the authority of this power you may telephone (713) 722-4600. ''UNIVERSAL SURETY OF AMERICAMMMMMMMJ r UNIVERSAL SURETY OF AMERICA IMPORTANT NOTICE To obtain information or make a complaint: You may contact Sam Sicola, Vice President of Operations, whose direct dial number is 713-722-4660. You may also fax us information at 713-722-4601. You may also call Universal Surety of America's toll-free telephone number for information or to make a complaint at: 1-800-392-9697 You may also write to Universal Surety of America at: P.O. Box 1068, Houston , Texas, 7725 1 - 1068 . You may contact the Texas Department of Insurance to obtain Information on companies, coverages, rights or complaints at: 1-800-252-3439 You may also write the Texas Department of Insurance: P. 0. B o x 14 9 10 4, A u s t i n, Texas 78714-9104, Fax 1512-475-1771. PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. V too i '1 IIr"� _l PERFORMANCE BOND r r i ook i.�`ND CHECK : ST RATING O ENS DIN TEXAS 94TE 6Y E; STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(4) OF THE TEXAS GOVERNMENT CODE , (CONTRACTS MORE THAN $100,000) Bond No. Tx 092-6244 00 r Tarpley Music KNOW ALL MEN BY THESE PRESENTS, that company. Inc. (hereinafter called the Principal(s), as Principal(s), and Universal Surety of America (hereinafter called the Surety(s), as Sure!(s), are held and firmly bound unto the City of Lubbock (hereinafter called the r Obligee), in the amount of POS �undPA McPrW-Y913rR of%------ Dollars ($ 128.432.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. r WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 25th day of June .1998.to Bid #98117 - Lubbock Municipal Auditorium Sound System and said principal under the law is required before commencing the work provided for In said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as If copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the 7 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 8th day of July 19 9 5 b'iverfial Surety of America Tarpley Music Company, Inc. Sure Principal Bp_ 9� 17 (Title) K tat L. Wallace Attorney -in -Fact By: r By: tie) No Text t= C a Ln 7 a z UNIVERSAL SURETY OF AMERICA UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 -Houston, Texas 77251-1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY Bond N=bcr TX 0926244 00 Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint Krystal L. Wallace its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bonds for. Principal: Tarpley Music Company, Inc. Obligee: City of Lubbock Amount: $128,432.00 and to bind the company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the C company and duly attested by its secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do within the above stated Z limitations. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of C America at a meeting held on the 11th day of July, 1994. M "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power t� and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company." a r "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation." C In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, Jack McReynolds and its corporate seal to be hereto affixed this 2nd day of January, A.D., 1998. O UNIVERSAL SURETY OF AMERICA aEr.. ter. .� ty •4, tiN rx.sJack McReynolds President a gn State of Texas ss: County of Harris On this 2nd day of January, in the year of 1998, before me Estela Leija, a notary public, personally appeared Jack McReynolds, personally known to be the person who executed the within instrument as President, on behalf of the corporation therein named and acknowledged to me that the corporation executed It. 'J EMBAUDA MY CM&IMM one iieoeaibef e, mal Notary Public I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in affect. GIVEN under my hand and the seal of said company, at Houston, Texas, this 8TH day of _ JULY 19 98 zios ev As tstant Secretary For verification of the authority of this power you may telephone (713) 7224600. UNIVERSAL SURETY OF AMERICA UNIVERSAL SURETY OF AMERICA IMPORTANT NOTICE To obtain information or make a complaint: You may contact Sam Sicola. Vice President of Operations, whose direct tial number is 713-722-4660. You may also fax us information at 713-722-4601. You may also call Universal Surety of America's toll-free telephone number for information or to make a complaint at: 1-800-392-9697 You may also write to Universal Surety of America at: P.O. B o x 1068, Houston . T e x a s, 7 7 2 5 1- 10 6 8. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may also write the Texas Department of Insurance: P. 0. Be x 14 91 0 4, A u s t i n, Texas 78714-9104, Fax #512-475-1771. PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. .1 -' 74- "270 S - i 0 M R DATE (MMIDDIYY) 07/07/98 PRODUCER Duncan, Fraser & Bridges Insurance Agency, Inc. 117 East Kingsmill Pampa TX 79065 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Mike Fraser Phone No. 806-669-3333 FaxNo.806-669-2111 INSURED COMPANY A Commercial Union Insurance COMPANY B COMPANY Tarpley Music Co., Inc. P. O. Box 8150 Amarillo TX 79114-8150 C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDONY) POLICY EXPIRATION DATE (MMIDOIYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR OWNER'S & CONTRACTORS PROT GRLR23658-U 02/26/98 02/28/99 GENERAL AGGREGATE $2,000,000 PRODUCTS -CoMPlOPAGG s2,000,000 pERSONAl3 ADV INJURY $1,000,000 EACH OCCURRENCE f 1, 000,000 FIRE DAMAGE (Any one fire) $50.000 MED EXP (AM one person) $5,000 AANY AUTOMOBILE LIABILITY AUTO CTAK58289-K 02/28/98 02/28/99 COMBINED SINGLE LIMIT $750,000 ALL OWNED AUTOS BODILY INJURY f (Per Penton) X SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY f (Per accident) X NON -OWNED AUTOS PROPERTY DAMAGE f AUTO ONLY - EA ACCIDENT f GARAGE LIABILITY OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT f AGGREGATE f EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY EACH OCCURRENCE f AGGREGATE f s WC STA ORY LIMITS EL EACH ACCIDENT t EL DISEASE . POLICY LIMIT f THE PROPRIETOR/ INCL PARTNERSIEJ ECUTIVE OFFICERS ARE EXCL EL DISEASE • EA EMPLOYEE f OTHER DESCRIPTION OF DIE RATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS civicCENTERGeneralSOUND LiabYWaiver of subrogation and add r l ins applies to GER;IFICATE HOLDER CITYL-3 CANCEU.ATION '!... .. ; :. ... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. City of Lubbock Ron Shuf f ield PO Box 2000 Lubbock TX 79457 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE No OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REP ENTATNES. AUTHORIZED REPRESENTATIVE ' Mike Fraser /►� htlnlU �sl ACORD:25S (1/95) ....:' . .... - JUL. 7.1998 11:02AM SOUTHERN BRANCH NO.331 P.2/2 CASUALTY RECIPROCAL EXCHANGE CERTIFICATE OF INSURANCE Ihemin called the COMany) 9201 State lane, Kansas City, jAssouri 64114 Tamed Terpley MUSIC CO THIS CERTIFICATE 0 ISSUED AS A MATTER OF INFORMATION ONLY, IOsarod ITarpley Music CO Inc ORA) AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEe. THIS and PO BOX 8150 CERTIFICATE DOES NPT AMEND, EXTEND 09 ALTER THE COVERAGE Address Amapa, Tx 79114 AFFORDED BY THE POLICIES BELOW. THIS IS To CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ARM FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOuEtEMENL TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM& EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES POLICY POUCY TYPE OFINSURANCE POLICY NUMBER EFFECTIVE EXPIRATION ALL LIMITS IN THOUSANDS DATE DATE GENERAL LIABILITY GENERAL AGGREGATE COMMERCIAL GENERAL LIABILITY PRODUCTS•COMNIOPS AGGREGATE CLAIMS MADE QOCCURRENCE I PERSONAL&ADVERTISING INJURY QWgO & CONTRACTORS PROTECTIVE EACH OCCURRENCE FIRE LEGAL LIABILITY FIRE DAMAIIE ZANY ONE FIRE) MEDICAL EXPENSE I ANY ONE PERSON) AUTOMOBILE LIABILITY CSL ANY AUTO ALL O}, JAU AUTOS BODILY INJURY E'ER PERSON) SCHEDULED AUTOS HIRED AUTOS BODILY INJORY MR ACCIDENT) NONDWNED AUTO5 GARAGE 11ASILRY H PORPERTY DAMAGE r — k + G48AGEKEEPERS LIMITS DEDUCTIBLES LEGAL LIABILITY COMPREHEN. P^ OIRF9T PRIMARY SPEC. CAUSES I DIRECT EXCESS COLLISION EXCESS LIABILITY EACH OCCURRENCE AGGREGATE r WORKER'S COMPENSATION STATUTORY ARID WCP 0411173 09 1011197 1011198 $190 MCH ACCID M1 EMPLOYER'S LIABILITY 0110 ID1SEASE-PDUCY LIMIT) sign PSEASE•EACHEMPLOYEE] OTHER DESCRIPTION OF OPERATIOIISILDCATIONSIVEHICLESIRESTRICTIONS1SPECIAL ITEMS 3797 60th, Lupbock, Tx 79418 Waiver of subrogation BMW. IN THE EVENT OF ANY MATSIIAL CHANGE IN, OR CANCELLATION OF SAID POLICIES, THE COMPANY WILL ENDEAVOR TO INE $O DAYS WRITTEN NOTICE TO THE PARTY TO WHOM THIS CERTIRCATE IS ISSUED, BUT FAILURE TO GM SUCH NOTICE SHALL IMPOSE NO OBLIGATION NOR LIABILITY UPON THE COMPANY. CERTIFICATE ISSUED TO: Data: 717198 Name City Of Lubbock and PuTchesing Department Address PD Box 2000 Lubbock, Tx 79457 AUTHOR RED REPRESENTA71ft 97-97-98 10:49 RECEIVED FROM:899 825 8299 P.02 r i CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by r contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Agent (Signature) Agent (Print) �•• Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: �-• Agent/Broker Telephone Number: ( ) Date: CONTRACTOR'S NAME: (Print or Type ) CONTRACTOR'S ADDRESS: NOTE TO AGENT/BROKER If this time requirement 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) 776-2166. BID #98117 - LUBBOCK MUNICIPAL AUDITORIUM SOUND SYSTEM r 2 f r r r r 7, w 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: 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 requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. r t ,5 haw a p 1 { CONTRACT i r r CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 251' day of June. 1998 by and between the City of Lubbock, p� County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter ( referred to as OWNER, and TTrpley Music Company. Inc. of the City of Amarillo. County of Randall, and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #98117 - LUBBOCK MUNICIPAL AUDITORIUM SOUND SYSTEM - $128,431.87 (Total base bid plus Alternate Bid #1 & Alternate Bid #2) 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 i- 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 i. 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. - CITY OF LUBBOCK, TEXAS (OWNER) By: X-�� MAYO APPROVED AS TO FORM: City Attorney ATTEST: 4 or to S creta r CONTRACTOR: TARPLE SIC INC. By: T PRINTED NAME: 40,4,r)o TITLE: V. P. COMPLETE ADDRESS: Tarpley Music Company, Inc. 2420 Commerce Amarillo, Texas 79109 No Text r i r r 4. 5. 7 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 TARPLEY MUSIC COMPANY, INC. who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative JOHN JAMES, STAGE COORDINATOR, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the. Contractor or persons acting on behalf of the Contractor. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 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. S. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10.AL YOUT 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 1 : Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority t- to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be • conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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. r 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE i' The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions ' given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. i. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any ,., subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. . 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any 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. 3 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. M-1111=1VID6111 •' ► The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 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. The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the -requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective,, and shall be corrected at the Contractor's expense. 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 z _ 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 r action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS r The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 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 �:.. 5 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." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owners Representative prior to the commencement any extra work, any claim for payment due to alleged extra work shall be deemed waived. 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 Owners 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 Owners Representative prior to bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the _ project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. WINEW.W. 1111561 lei Il•P;•*• 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 Owners 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. PRO I 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the �» Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable I precaution for the safety of employees and others on or near the work and shall comply with all applicable s provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any ,., manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject i matter of this contract. P The safety -precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional Insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000.00 Combined Single Limit in the aggregate and per occurrence to include: a Premises and Operations Explosion & Collapse Hazard 7 Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. - For bodily injuries, including accidental death and or property damage, $500,000.00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $300,000.00 Combined Single Limit,. to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 0.0% 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 aon 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 8 k 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. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 4 i (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contractor providing or causing to be provided a certificate of coverage, the ` Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the r Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.- G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. 10 (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so'the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services r related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the Identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your r employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper 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; 12 7 k k (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)-(vlii), 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 1 individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee t compensation, job training, and other terms, conditions, and privileges of employment. � 'i• •\L ► _amu • •\ :� •: :•' II' :.u\ � � : ■.' 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. -;• •\ 2'11 17, P I i I I ill •: ► ► ► •► t 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 w 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. t 7 13 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said 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. 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. It is hereby understood 'and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500.00 (FIVE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 14 It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE t 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 t 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 rte► 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 r justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days r 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. RVIESEVO MeMU UI In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. ,. 38. (,,QUANTITIES AND MEASUREMENTS j No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ L 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. Oak, 15 e k 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE t 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 t 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 rte► 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 r justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days r 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. RVIESEVO MeMU UI In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. ,. 38. (,,QUANTITIES AND MEASUREMENTS j No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ L 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. Oak, 15 e • 'WTO • MOM10161 ILII I► M 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. M1111111111111111 W M91:111 1*1jZ&VATL91G. 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. No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work, Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 16 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 substantialcompletion. 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. The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions In the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 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. i When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. i 17 E 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. In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, .materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall _.. be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the "- sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper _ having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which 18 - would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued: A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and 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 which remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies ! available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY I 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 E project which is the subject matter of this contract. 50. ' 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 C" 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. t_ E 19 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. 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. 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 may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least _ twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 20 -- i Imo. 1 1 Olft 4, CURRENTWAGEDETERMINATIONSDETERMINATIONS ;1 r• i. Oft OR I ri e Resolution No. 51'1 March 14, 1996 Item 4119 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public i works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and ' WHEREAS, such wage rates were established by Resolution No. 719 enacted February f 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8. 1987; and WHEREAS, such rates need to be updated at the present time in order to reflect the f current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be j as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: j Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. �i Passed by the City Council this 14th I ATTEST: Betty M. Jdfinson, City Secretary APPROVED AS TO CONTENT: — � z 4 �a�v Mary AndrVws, Managing Director of Human Resources APPROVED AS TO FORM: a old Willard, Assistant City Attorney H W Aa/ccdocs/pubworks. res February 14, 1996 7 r`" I r 7 :11: V - City of Lubbock Building Construction Trades Prevailing Rates - Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified Hourly Rate 10.00 11.00 5.50 8.00 11.00 11.00 6.00 11.00 6.00 7.50 10.00 13.00 6.00 8.50 7.50 8.50 8.00 9.00 5.50 8.00 5.50 5.50 9.50 10.50 6.00 8.00 5.50 8.75 5.50 10.00 1:11: Paving and Highway Construction 7.00 Prevailing Wage Rates 7.00 Craft Hourly Rate Asphalt Heaterman 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 Flagger 5.50 Form Setter 6.50 Form Setter -Helper 5.50 Laborer -General 5.50 Laborer -Utility 6.25 Mechanic 7.25 Mechanic -Helper 5.50 Power Equipment Operators Asphalt Paving Machine 7.00 Bulldozer 7.00 Concrete Paving Machine 7.00 Front End Loader 6.50 Heavy Equipment Operator 7.00 Light Equipment Operator 6.50 Motor Grader Operator 8.50 Roller 6.00 Scraper 6.50 Tractor 6.50 Truck Driver -Light 6.00 Truck Driver -Heavy 6.50 ra *N: 11 Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. I* ,/:11: y 1 Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. No Text Lubbock Civic Auditorium Sound Reinforcing System 7 LUBBOCK CIVIC AUDITORIUM SOUND REINFORCING SYSTEM PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. General Conditions and Requirements of the contract apply to work of this section. B. Architectural, structural, mechanical and other applicable documents and drawings are considered a part of the sound system documents insofar as they apply as if referred to in full. 1.02 SCOPE OF THE WORK A. These Specifications, together with the related drawings and general conditions of the contract, comprise the requirements for a new sound system to be installed in the auditorium. B. Furnish, deliver, erect, and connect complete all the material and appliances described herein and in the drawings, and also all other incidental material and appliances, tools, transportation, etc., required to make the work complete, and as required to leave the sound systems in first class operating condition, excluding those items listed under "WORK BY OTHERS". C. Perform all assembly of equipment, wiring and interconnection and soldering of wires to jacks, devices, terminals or equipment, using technical employees only, who are experienced in the installation of sound equipment and its interconnection. 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. 1.03 QUALITY ASSURANCE A. It is the intent of these Specifications to describe and provide for a complete sound system of high professional quality and reliability. Professional performance standards by the sound system installation Sound Contractor and the equipment will be required. B. In all cases, the Owner shall determine the acceptability of the work based upon the observations and visits of the Acoustical Consultant. 1.04 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 the written consent of the Owner. FPage 1 Lubbock Civic Auditorium Sound Reinforcing System 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 Acoustical Consultant. Substitutions will be approved in writing only, based upon these criteria. . 1.05 INSTALLER QUALIFICATIONS A. The WORK performed under this Section shall be performed by a sound systems contractor, normally engaged in the business of sound system installation. Show proof, as part of the bid, that the contractor has been in the sound system installation business for a period of not less than five years and has completed projects of a similar size and scope. The Owner and Acoustical Consultant reserve the right to reject any bids submitted by firms without sufficient experience in projects of this size. B. Each bidder shall hold a current, valid franchise for the major lines of sound equipment furnished by him under these Specifications. 1.06 COOPERATION AND COORDINATION A. Cooperate and coordinate as required with the other contractors who are responsible for work not included in this section. B. Provide any and all information as required or requested 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. 1.07 GUARANTEE AND WARRANTY A. During the guarantee/warranty period of the sound system, the Sound System Contractor shall provide warranty service within 24 hours of notification by the Owner. B. In case of equipment failure during the warranty period, the Sound System Contractor shall provide appropriate portable equipment as required to make the system operational, until such time as repairs are completed. C. Guarantee all parts and labor furnished under this contract for a period of twelve months from the date of final system acceptance. During that time, repair or replace any defective materials or labor without cost to the Owner, and with all reasonable speed. Where warranties on individual pieces of equipment exceed 12 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 end that maximum Owner satisfaction is assured. Page 2 Lubbock Civic Auditorium Sound Reinforcing System f 1.08 SHOP DRAWINGS AND SUBMITTALS: A. Prior to the procurement of equipment or commencement of work, submit the following for approval: 1. A complete equipment list, with manufacturers' names, model numbers, and quantities; 2. Manufacturers' data sheets on all equipment items; 3. Equipment rack layouts showing locations of all rack mounted equipment items; 4. Proposed construction details for any custom fabricated items, including interface panels and plates. These details shall show dimensions, materials, finishes and color selection.; 5. Comprehensive system schematic, with wire numbers, terminal block numbers, patch panel designations, and color coding; 6. Electrical power requirements for the headend and other ancillary equipment; 7. Certain other submittals as may be required for various equipment items prior to construction, fabrication, or finishing of that item. C. Upon completion of the work, but prior to final system acceptance by the Owner, deliver to the Owner three (3) complete and identical sets of the following: 1. A complete as -installed equipment list, with manufacturers' names, model numbers, serial numbers, and quantities; l 2. A complete and correct system schematic for all parts of the system, which shall include wire numbers, terminal block numbers and layouts, and other designations and codings; l 3. Equipment rack layouts showing locations of all rack mounted equipment items; 4. Riser diagrams showing as -installed conduit with pull boxes, physical cable layouts, part numbers of cable types used, and number of circuits in each conduit; 5. Repair parts lists for each and every equipment item furnished; 6. Service manuals for each and every equipment item furnished; 7. Manufacturer's warranties and operating instructions for each and every equipment item furnished; Page 3 Lubbock Civic Auditorium Sound Reinforcing System 8. Technical Systems Operations Manual, custom -written by the Sound Contractor, 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. 1.09 DESCRIPTION OF THE WORK A. The complete sound system includes, but is not limited to, the following items: 1. Two three-way speaker arrays, suspended below the ceiling to the sides of the proscenium. 2. Additional delayed loudspeakers, located in two rings suspended from the main ceiling, and one ring under the balcony front. 3. Amplifier racks, located at second level as noted on the plans. —' 4. A new control area, with mixing equipment, located at the rear of the main floor. 5. A paging/listen-through system for backstage dressing rooms. 6. Microphones, jacks, wire, and all miscellaneous parts of the system. 1.10 JOB COMPLETION A. Coordinate installation activities with scheduled auditorium events. No scheduled auditorium activities shall be disrupted by installation _ procedures. A copy of scheduled events is available from the Owner. B. All work shall be substantially completed prior to September 1, 1998. Each bidder shall notify the Owner at time of bidding if this schedule cannot be met. 1.11 WORK BY OTHERS A. None. PART 2 - PRODUCTS 2.01 GENERAL A. 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. B. Refer to "SUBSTITUTIONS" paragraph in Part 1 of this Specification. Page 4 Lubbock Civic Auditorium Sound Reinforcing System t . 2.02 WIRE & CABLE A. All wire and cables shall be new and unused. B. Voice coil home runs to the speaker arrays shall be TW or THHN, sized as noted on the drawings. C. All microphone wire (installed, not portable) and wire for line -level circuits and interamplifier wire shall be Belden 8451 or approved equal. D. All portable microphone wire shall be Canare L -4136S Star Quad or approved equal black flexible cable.. E. Portable speaker cables and speaker patch cords shall be Canare 4S8 or approved equal F. All other cable 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. G. Furnish an insulated #6 copper ground wire run from the amplifier racks to a structural steel ground within the building, tied securely to the rack sheet metal, and terminated at each end to bare metal. Furnish a #12 insulated copper wire connecting the mixer sheet metal to the rack sheet metal, and terminate at each end to bare metal. H. Conduit shall be e.m.t., sized as shown on the drawings. 2.03 JACKS & CONNECTORS A. Unless otherwise specified, all jacks and connectors for all the sound system shall be as follows: 1. All jacks shall be installed on brushed stainless steel finish plates, with nomenclature engraved on the plates. Default mic jacks shall be noted with RED engraving. Other jacks shall be noted with BLACK engraving. 2. All microphone and production intercom jacks and connectors shall be Switchcraft QGP-series connectors, or approved equal. B. Furnish and install the required number of jacks as shown on the drawings. 2.04 EQUIPMENT RACKS AND AC POWER CONTROL A. Furnish equipment racks for use in housing the equalizers, power amplifiers and ancillary devices necessary to the operation of the system. B. Each equipment rack shall include a locking back door, side panels, and top and bottom panels unless otherwise noted. !~ Page 5 Lubbock Civic Auditorium Sound Reinforcing System C. Heat -producing components, such as power amplifiers, shall be mounted with one 1-3/4" vent panel installed between units. Fill all other unused portions of rack front sections with matching blank panels. D. Power distribution within the racks shall be supplied via sequentially switched rack -mounted power panels, allowing incremental power switching of components. Program the panels so that when rack power is switched, power amplifiers are last to power on and first to power off. E. Install the required number of units, of sufficient size to accommodate the equipment specified, at the locations indicated in the drawings. F. Furnish and install the following: -- 1. Main Equipment Racks: Soundolier 502 -series extra -deep or approved equal, with side panels, locking front and rear doors, and tapped mounting rails. (Qty: as required) 2. Power sequencer/conditioner by Lyntec or FSR. (Qty: as required) —' 3. Provide power switching from the mixing console and from the rack. 4. Provide a small rack with locking front and rear doors, mounted to the side of the console, to contain the following equipment: _ Wireless microphone receivers Tape Deck CD Player Power Switch and other control switching. Patch Panel Digital Processors 5. Provide a small wall -mounted rack to house the paging amplifier and paging microphone. 2.05 MICROPHONES, STANDS, CORDS _ A. Microphones: Furnish the following microphones, or approved equal, equipped with cable and Switchcraft QGP connectors installed. 1. Audio-Technica AT-857QML: One (1) unit. Install jack and cord on Owner's podium, compatible with this microphone. 2. Shure SM -58: Ten (10) units, for hand-held use. 3. Crown CM3 1: Six (6) units, for overhead pickup on stage. Page 6 r Lubbock Civic Auditorium Sound Reinforcing System 4. Crown GLM -100: Two (2) units, for drum or piano pickup. 5. Crown PCC -160: Three (3) units. 6. Paging Microphone: Hand-held press -to -talk, by Shure or �- Electrovoice. Provide a cord sufficiently long for microphone operation at the Stage Manager's Position - Coordinate precise details with the Owner. 9. Listen -through Microphone: Crown PZM 11 or equal. B. Stands: Furnish the following microphone stands and accessories: 1. Atlas/Soundolier MS -12C or approved equal mic stands: Twenty (20) units. 2. Atlas/Soundolier PB -10X boom: Four (4) units. C. Extension Cords: 1. Six (6) 100 -foot microphone extension cords. 2. Twenty (2) 50 -foot microphone extension cords. 2.06 DEFAULT MIXER A. Furnish and install in the rack one 6 -input mixer. Locate in the control area. 1. TOA M900 MKII or equal. 2.07 MIXING CONSOLE A. Furnish the following portable mixing console or approved equal: 1. Soundcraft K-2 - 32 or approved equal. 2.08 PROCESSORS A. Furnish and install in the rack and connect as indicated in the drawings, the following equalizers: 1. DSP 1: Main Clusters: JBL DSC 260. 2. DSP 2: Other speakers: White DSP5024XL digital audio processor. 2.09 POWER AMPLIFIERS A. Each power amplifier shall have an input connector which is either a screw-type barrier strip or is XLR type. B.' The output connector shall be barrier strip. t A Page 7 Lubbock Civic Auditorium Sound Reinforcing System C. All power amplifiers shall be supplied with one (1) 15K: 15K input transformer for each channel used. D. All power amplifiers shall be rack -mounted. E. All power amplifiers shall have detented stepping input level controls. F. Furnish and install the following, or approved equal: 1. PA 1: QSC PowerLight 1.0. 2. PA 2: QSC Powerlight 1.8. 3. PA 3: QSC Powerlight 3.4. 4. PA 4: QSC PowerLight 1.0. _ 5. PA 5: QSC Powerlight 1.8. 6. PA 6: QSC Powerlight 3.4. — 7. PA 7: QSC Powerlight 1.8. 8. PA 8: QSC Powerlight 3.4. 9. PA 9: QSC Powerlight 1.8. 10. PA 10: QSC Powerlight 1.8. 11. PA 11: QSC PowerLight 1.0 -- 12. PA 12: QSC PowerLight 1.0 2.10 LOUDSPEAKERS A. The drawings indicate the loudspeaker positions and angles of orientation. B. Furnish and install the units suspended with aircraft cable at the positions and angles shown. Cable shall have safety factor of 3. After final — equalization, loose cable ends shall be taped neatly in place. C. All loudspeakers (main cluster and delayed) shall be painted to match the _ ceiling. D. Furnish and install the following: 1. Main Speakers: Paint to match the existing wall cover. Grille cloth color shall be off-white. No manufacturer's logo shall be visible. a. Sl: JBL VS3215-6 b. S2: JBL VS3215-6 Page 8 r r Lubbock Civic Auditorium Sound Reinforcing System C. S3: JBL VS3215-6 d. S4: JBL VS3215-6 2. First Delayed Ring a. JBL AS4725, painted to match the ceiling. (5 units) 3. Second Delayed Ring a. EAW UB22, painted to match the ceiling (7 units) 4. Under -balcony Speakers: a. EAW UB22, painted to match the ceiling (7 units) 2.11 PAGING AMPLIFIER A. Furnish and install in a rack on-stage one mixer/amplifier, to drive the backstage paging speakers. 1. Altec 1700 series or equal, with three inputs, and 100 -watt 70V output. (Phantom power required). 2.12 PAGING SPEAKER ASSEMBLIES A. Furnish and install the paging speakers shown on the drawing. Each shall consist of the following: 1. Lowell EHF80-P-8C5W-T70-VC or equal. 2.13 TAPE DECKS A. Furnish and install in the signal processing rack at the console location. 1. Tascam 112R or approved equal bi-directional audio cassette recorder/reproducer with rack -mount kit and RC -205 remote control kit. (Qty: 2 ea) 2.14 CONNECTOR PANEL A. Furnish and install a connector panel at the console desk, to accommodate portable input sources. 2.15 STAGE MONITOR SPEAKERS A. Furnish four (4) slant -front stage monitor speakers, with 50 -foot cords and connectors. 1. Electrovoice FM-1202ER or equal. (Qty: 4 units). Page 9 Lubbock Civic Auditorium 2.16 ELECTRICAL POWER Sound Reinforcing System A. Extend power as required from the existing panel noted on the drawings, to the new rack location and the new sound control location. 2.17 PATCH PANEL ASSEMBLIES AND PATCH CORDS A. Furnish patch panel assemblies and patch cords for use in routing the various audio lines through the mixing console. B. Each assembly shall be factory pre -wired. Install the assemblies according to Standard Broadcast Practices. Furnish any additional hardware necessary for the proper functioning of the unit. C. Individual jacks shall be labelled with engraved plastic laminate strips above the jacks. The laminate strips shall be 1/2 -inch high, and the letters/numbers shall be 1/8 -inch high. The plastic laminate strips shall be attached firmly to the assembly with contact cement. D. Prior to the manufacture of the labels, a drawing of the patch panel layout, showing all patch positions and exact wording of each label shall be submitted as a part of the shop drawing package. All labelling shall be engraved in capital letters E. All microphone jack locations shall be numbered consecutively, starting from one (1). The number for each microphone jack shall be consistent with each patch appearance, and be engraved on black plastic with white numbers. F. All microphone -level inputs to the mixer shall be numbered according to its input module number. The labelling of each microphone -level input patch appearance shall be engraved on white plastic with black letters. G. All line -level inputs shall be labelled according to the piece of equipment to which they are associated. The labelling of each line -level input shall be engraved on blue plastic with white letters. H. All line -level outputs.shall be labelled similarly. The labelling of each line level output shall be engraved on grey plastic with white letters. I. Mount the patch panels in the signal processing rack at the sound control console, and connect as indicated in the drawings. J. Furnish and install the following 1. ADC Telecommunications PPA3-14 MkII N.O. Pro Patch Mark II pre -wired 2x24 array patch panels or approved equal by Switchcraft, Audio Accessories, or Gentner. (Qty: as required). Note requirements on the drawings for future expansion of the patch bay. 2. ADC Telecommunications R3 Pro Patch Cords or approved equal by Switchcraft, Audio Accessories, or Gentner : (Qty: 32 ea) Page 10 r Lubbock Civic Auditorium Sound Reinforcing System 3. Provide four 4 -gang mults. 4. Normal jacks as called for on the drawings. 2.18 HEARING ASSISTIVE SYSTEM t A. Furnish and install an FM wireless assistive listening system for use by the hearing-impaired. B. Mount the transmitter in the main equipment racks. Mount remote transmitting antenna suspended from the ceiling, in a functional and unobtrusive manner. Ensure that the operating frequency does not interfere with the wireless microphone systems. C. Furnish and install the following : 1. Telex AAT -2 or approved equal transmitter with RM -53 rack mount kit and HGA-1 half -wave gain antenna. (Qty: 1 ea 2. Telex AAR-10 or approved equal single -channel receivers with batteries. (Qty: 4 ea) 3. Telex DEB -1 or approved equal double earbud. (Qty: 4 ea) 4. Walkman -style headphones (4 each) 5. Telecoil Loops (2 each) 6. Spare alkaline batteries for receivers. (Qty: 4 ea) 2.19 MILLWORK A. Construct the new control console millwork as shown on the drawings. Provide shop drawings for approval prior to construction. 2.20 DISTRIBUTION AMPLIFIER A. Furnish and install one unit: Oxmoor 4X4 buffer amplifier, or approved equal. PART 3 - EXECUTION 3.01 INSTALLATION A. Supply all speakers, 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 Specifications and drawings. B. All installation shall follow standard broadcast wiring and installation practice, with particular note given to installation instructions in the "PRODUCTS" section of these Specifications. f Page 11 Lubbock Civic Auditorium Sound Reinforcing System C. Observe proper circuit polarity and loudspeaker wiring polarity. Properly and clearly label all connections and wires as to function and polarity. 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 D. No cables shall be wired with a polarity reversal between connectors at either end. Special care shall be taken when wiring microphone cables, to insure that constant polarity is maintained. E. Route all cable and wiring within equipment racks and cabinetry according to function, separating wires of different signal levels (microphone, line level, amplifier output, AC, intercom, etc.) by as much distance as possible. Neatly arrange and bundle all cable LOOSELY with plastic cable ties. F. Provide all circuits balanced and floating, except as noted in the Specifications or directed by the Acoustical Consultant at the time of final equalization and testing. G. All cables are to be continuous lengths without splices. 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. H. All solder connections shall be made with rosin -core solder. Temperature controlled 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. J. All mechanical connections shall be made with approved non -insulated crimp lugs of the correct size and type for the connection. Wire nuts are not permitted. Each connector shall be attached with 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. K. Clearly and permanently label ALL jacks, controls, and connections with engraved laminated plastic labels unless otherwise noted. Do not use embossed or printed label tape. Attach labels with contact cement. All labeling shall be completed prior to final system equalization. -- Page 12 Lubbock Civic Auditorium Sound Reinforcing System stem L. All equipment shall be held firmly in place with proper types of mounting hardware. 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. �., M. Shields of audio cables shall be grounded at one end only, at the inputs of the various equipment items in the system. 3.02 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. The final acceptance of the system by the Owner will be based upon the report of the Consultant following this work. 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 one (1) competent technician who is familiar with the project, and who will be prepared to stay as long as his serviecs are needed. It is estimated that approximately 16 hours will be required for this work. C. Coordinate, as necessary, to insure a quiet room during the testing period. D. Prior to the testing, insure that the system is 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. 3.03 SYSTEM PERFORMANCE A. After equalization, the sound system shall meet or exceed the following specifications: 1. System shall be free of short circuits, ground loops, parasitic - oscillation, excessive system noise, hum, and instability of any form, including RF interference. 2. Maximum SPL with band -limited pink noise input to the system shall be 105 dB before audible distortion occurs. L 3. Seat -to -seat variation in SPL at 4kHz octave band shall be plus or minus 3 dB or less (main speaker cluster). 4. Acoustic response of the system shall be plus or minus 1.5 dB along a line which is flat from 40 Hz to 4000 Hz and which rolls off at 1 dB per octave to 12 kHz. r Page 13 0 Lubbock Civic Auditorium Sound Reinforcing, System PART 4 - ALTERNATES 4.01 GENERAL A. Quote a separate cost for each of the above additions to the system: 4.02 WIRELESS MICROPHONES A. Wireless Microphone Systems: Furnish and install four complete wireless microphone systems, Vega U2020 series or equal. Each system shall include lavalier microphone/transmitter (Electrovoice CO -2), hand- held microphone/transmitter, receiver, and antennas/splitters as recommended by the manufacturer. Total quantity is thus: Lavaliers: 4 Hand-held mics: 4 Receivers: 4 Antennas, splitters, cable: As required. 4.03 MICROPHONES A. AKG C747: Six (b) units, for stand -mounted pickup. END OF SPECIFICATION Page 14