HomeMy WebLinkAboutResolution - 5345 - Contract - Stagelight Inc - Auditorium Stage Lighting Renovations - 11/07/1996RESOLUTION NO. 5345
Item #30
November 7, 1996
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 Stagelight, Inc. of Houston,
Texas, to install and furnish all materials and services as bid for the Auditorium Stage
Lighting Renovations, attached herewith, and any associated documents, which contract shall
be spread upon the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 7th day of November , 1996.
ALEX `" COOKE
MAYOR PRO TEMPORE
AT EST:
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Kay Darnell, City Secretary
APPROVED AS TO CONTENT:
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Victor KilmantPurchasing Manager
APPROVED AS TO FORM:
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ld G. Vandiver, First Assistant
City Attorney
DGWa/ccdocs/audlight. res
October 29, 1996
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CITY OF LUBBOCK
SPECIFICATIONS FOR
AUDITORIUM STAGE LIGHTING RENOVATIONS
BID #13711
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CITY OF LUBBOCK
Lubbock, Texas
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 72457
806-767-2167
Office of
Purchasing
MAILED TO VENDOR: OCTOBER 9,1996
CLOSE DATE: OCTOBER 17,1996 @ 3:00 PM
TIB #13711- AUDITORIUM STAGE LIGHTING RENOVATIONS
ADDENDUM # 1
The following items take precedence over specifications for the above named ITB. Where any item called
for in the ITB documents is supplemented here, the original requirements, not affected by this addendum,
shall remain in effect.
1. Please use the enclosed Bid Submittal Sheet for your response to Bid #13711
All requests for additional information or clarification must be submitted in writing and directed to:
RON SHUFFIELD
SENIOR BUYER
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to : (806)767-2164
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PLEASE RETURN ONE COPY WITH YOUR BID
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7 PLACE:
BID SUBMITTAL
LUMP SUM BID CONTRACT
DATE:
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I PROJECT NUMBER: 13711 - AUDITORIUM STAGE LIGHTING RENOVATIONS
E . Bid of (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a
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having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
4 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.
a
MATERIALS: ($
SERVICES: ($
TOTAL BASE BID: ($
ALTERNATE #1 (ADD): Refurbish 13 defective Strand CD -80 Modules
MATERIALS: ($
SERVICES: ($
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TOTAL ALTERNATE #1: ($
ALTERNATE #2 (ADD): 23 New Strand Dual CD -80 Modules
MATERIALS: ($
SERVICES:
rr TOTAL ALTERNATE #2: ($
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' (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.)
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 30 (THIRTY) consecutive calendar days
thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner
r as liquidated damages the sum of $200.00 (TWO 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
4 instruction number 21 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
u 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 Cashiers Check or Certified Check for
Dollars J or a Bid Bond in the sum of Dollars
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by
the Owner and the undersigned fails to execute the necessary contract documents 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.
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IBidder 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.
Authorized Signature
(Printed or Typed Name)
Company
Address
City, County
State Zip Code
Telephone:
Fax:
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: AUDITORIUM STAGE LIGHTING RENOVATIONS
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13711
PROJECT NUMBER: 9106.9226
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITION
NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID #13711
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 3:00
o'clock a.m. on the 17th day of October, 1996, 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:
"AUDITORIUM STAGE LIGHTING RENOVATIONS"
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 7th day of November. 1996, at the Municipal Building, 1625
13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or
all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance
with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract
price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter
2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, 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
1. 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 9th
day of October. 1996, at 10:00 o'clock a.m., In the Purchasing Conference Room L-04, 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.
r' 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.
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The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings
and bid openings are available to all persons regardless of disability. If you would like bid information made available in
a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at
(806) 767-2281 at least 48 hours in advance of the meeting.
CITY OF LUB CK
VICTOR KILLVAN
PURCHASING MANAGER
Bid documents may be obtained upon request from the Purchasing Department at 162513th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164.
GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
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 AUDITORIUM STAGE LIGHTING
RENOVATIONS.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General
Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
construction of this project and shall be responsible for the satisfactory completion of all work contemplated by
said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
4. BIDDER INQUIRIES
No bidder shall request any information verbally. All written requests for additional information or clarification
{ concerning this bid must be addressed to:
RON SHUFFIELD
SENIOR BUYER
J CITY OF LUBBOCK
P.O. BOX` 2000
LUBBOCK, TX 79457
FAX (806)767-2164
5. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 30 (THIRTY) 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
r 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.
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6. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
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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.
B. MATERIALS AND WORKMANSHIP --
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a representative of the City on the site will not relieve
the Contractor of full responsibility of complying with this provision. The specifications for materials and methods
set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to
procure a satisfactory project.
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).
10. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
11. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have _
been opened and before the contract has been awarded, to require of a bidder the following information:,
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule. _
12. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of
Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
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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
4 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.
POO 15. EXPLOSIVES
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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
r 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.
16. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful bidder shall be required to furnish the name, address and
f 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.
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The Contractor shall procure and cant' at his sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and -"
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate
of insurance specifying each and all coverage's shall be submitted prior to contract execution.
The insurance certificates furnished shall name the City as an additional insured, or in the alternative,
shall be accompanied by a statement from the Contractor to the effect that no work on this particular
project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all
proof of coverage insurance documents including workers compensation coverage for each
subcontractor.
18. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on this project shall not be less than
specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders'
attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for
the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of
the schedule of general prevailing rate of per diem wages in these contract documents does not release the
Contractor from compliance with any wage law that may be applicable. Construction work under this contract
requiring an inspector will not be performed on weekends or holidays unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort
to complete the contract within the allotted time. ^
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must
notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires
to do work and obtain written permission from the Owner's Representative to do such work. The final decision on
whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's
Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this
contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work,
regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer
dangerous to property or life. �-
19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site
of the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, 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.
20. PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
21. PREPARATION FOR BID
The bidder shall submit his bid on forms fumished 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.
22. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(1) insurance Certificates.
G) 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.
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23. QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified
therein in a satisfactory manner. The bidder may also be required to give a past history and references in order
to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable
investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the
bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of
Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to
satisfy the City of Lubbock that the bidder is properly qualified to 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.
BID SUBMITTAL
` BID SUBMITTAL
LUMP SUM BID CONTRACT
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PLACE:
DATE: 10-16-96
PROJECT NUMBER: 13711 - AUDITORIUM STAGE LIGHTING RENOVATIONS
�^ Bid of StageLight, Inc. (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
!� Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a
a
w, Auditorium Stage Lighting Renovations
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the Intended work, and being familiar with all of the conditions surrounding the
construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor,
materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents,
within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the
work required under the contract documents.
MATERIALS: ($ )
SERVICES: ($ )
TOTAL BASE BID: Twenty—six thousand eight hundred sixty— ($ 26, 867.00 )
ALTERNATE #1 (ADD): Refurbish 13 defective Strand CD -80 Modules seven dollars
MATERIALS: ($ )
SERVICES: ($ )
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TOTAL ALTERNATE #1: Five Hundred and nine dollars ($_ 509.00
ALTERNATE #2 (ADD): 23 New Strand Dual CD -80 Modules
MATERIALS: ($ )
SERVICES: ($
TOTAL ALTERNATE#2: Figte thousand nine hundred thirty— ($_5,934.00 )
four dollars
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
r Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
a "Notice to Proceed" of the Owner and to fully complete the project within 30 (THIRTY) consecutive calendar days
thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner
as liquidated damages the sum of $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of
the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
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Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 21 of the General Instructions to Bidders.
bidding. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
f The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work
on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total
amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if
required) within (ten) 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for One thousand seven hundred
Dollars ($ 1 .7 0 0.0 O) or a Bid Bond in the sum of Dollars
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by
the Owner and the undersigned fails to execute the necessary contract documents 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.
f'
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.
Authoriz ignature
.TPrOMP A nunn
(Printed or Typed Name)
StageLight, Inc.
Company
2310 Richton
Address
Harris
Cit ,
County 77098
State
Telephone:713
Zip Code
- 942-0555
Fax: 713 --942-0556
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
i"
i
r-
f
LIST OF SUBCONTRACTORS
4
Minority Owned
Yes No
1.
❑ ❑
6.
2.
❑ ❑
3.
0 0
4.
❑ ❑
5.
0 0
f
6.
0 ❑
7.
0 ❑
8.
0 ❑
9.
0 0
10.
❑ 0
F'
rww�
PAYMENT BOND
BOND CHECK n
BEST RATING
LICENS ) TfXAS
DATE1
0
I..
W=
Bond No. CB015233
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY THESE PRESENTS, that Stagelight, Inc. (hereinafter called the
Principal(s), as Principal(s), and National American Insurance Company (hereinafter
called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock
(hereinafter called Obligee), in the amount of Twenty-seven thousand three hundred
seventy-six and no/00 Dollars ($27 376.00 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 7th day of November, 1996, for Bid # 13711 - Auditorium Stage
Lighting Renovations
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 the bond shall
be determined in accordance with the provisions of said Article to the same extent as if
it were copied at length herein.
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and
sealed this instrument this 22nd day of November, 1996.
National American Insurance Company
Surety
by: az
y W. Dold, Attomey-in-fact
Stagelight. Inc.
Prir
by:
OW
The undersigned Surety Company represents that it is duly qualified to do
business in Texas, and hereby designates Howard Cowan an agent resident in Lubbock
County to whom any requisite notices may be delivered and on whom service of process
may be had in matters arising out of such suretyship.
National American Insurance Company
Surety
Approved as to form:
City of Lubbock
by:
(94 Attorney
*Note: If signed by an officer of the Surety Company there must be on file a certified
extract from the by-laws showing that this person has authority to sign such obligation.
If signed by an Attorney-in-fact, we must have copy of power of attorney for our files.
NATION,AL.AMERICAN INSURANCE COMPANY POWER OF ATTORNEY
OMAHA, NEBRASKA
PRINCIPAL StageliRht, Inc. EFFECTIVE DATE November 22, 1996
2310 Richton Houston TX 77098-
ISTREETADDRESSI - (CITY) (STATE) (ZIPCODEI
CONTRACT AMOUNT 27,376.00 AMOUNT OF BOND s 27.376.00
POWER NO.
CB 015233
KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the
taws of the State of Nebraska, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by�
the Board of Directors of the said Company on the 8th day of .itay, 1987, to wit:
.. "Resolved. that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as
Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time.
Be It Further Resolved, that the signature of any officer Fnd the Seal of the Company may be affixed to any such Power of Attorney or
any certificate relating thereto by facsimile, and any such Power o1' Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." National American
Insurance Company do_s hereby make, constitute and appoint
State of _..TEXAS --
�` its true and lawful attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute,
acknowledge and deliver in its behalf, and its act and deed, as follows:
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
WAR And to bind National American Insurance Company thereby asfully and to the same extent as if such bond or undertaking was signed by
the duly authorized officer of the Natianal American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the
am Company and its Corporate. Seal to be hereto affixed. _
NATIONAL AMERICAN INSURANCE COMPANY
4
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..
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`OPPONA).ho
�e
z SL' A ;
o
. ILL%'N e -e
W. Brent I a(;.ere. Chairman & "ief F.xecuihe Officer
OMAN'
NraRASKA ..
STATE OF OKLAHOMA)
COUNTY OF LINCOLN ) SS'
On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere,to me known, who being by me duly sworn, did depose
and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National
American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said cor-
poration; that the seat affixed to the said instrument Is such corporate seal; that it was so affixed by order of the Board of Directors of said
corporation and that he signed his name, thereto by like order.
�NpA Arit< . 4��
PUBLICNotary Public
N AND OF My Commission Expires August 31, 1995
ANDSTAIC ran - -
COLIN CO
STATE OF OKLAHOMA) SS:
COUNTY OF LINCOLN )
1, the undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska Corporation. DO HEREBY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force.
Signed and Scaled at the City of Chandler. ` - ` Dated the 22nd day of November , 1996
i Winifred F. Mendenhall. Asshiant Sreretan
SEAL
0
�bMANA _._..•
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
YOU MAY CONTACT THE TEXAS DEPARTMENT OF
INSURANCE TO OBTAIN INFORMATION ON COMPANIES,
COVERAGES, RIGHTS OR COMPLAINTS AT:
1-800-252-3439
YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE:
P0BOX 149104
AUSTIN, TX 78714-9104
FAX # (512) 475-1771
PREMIUM OR CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR
PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE
AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT
RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT
OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY:
THIS NOTICE IS FOR YOUR INFORMATION ONLY AND DOES NOT
BECOME A PART OR CONDITION OF THE ATTACHED
DOCUMENT.
M:kWPMNCTICE
e
CERTIFICATE OF INSURANCE
.................................
...;.. .......................................
.... ........... ............... ..
DATE P=WM
11/27196
IS ISSIDED AS A MATTER OF INFORMATION
raotwcEa THIS CERTIFICATE
PRISM, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT END, EXTEND OR
PO Box 1777 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Greenville, SC 29602 COMPANIES. AFFORDING COVERAGE
COMPANY
8641801-M A North American SPeclaltY hu CO
INSURED
COMPANY
StageLight, Inc.
8 Tons Worker's Compensation Fund
COMPANY
2310 Richton Street
Houston, TX 77098
C
COMPANY
D
......................
.......................
.... ............... :.ix
POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
7LTR"
cc
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MWITY)'
POLICY EXPIRATION
DATE-(MWODAM
LENTS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
7 CAM MADE Fx]OCCUR
29COOMI.00
onom
03=197
GENERAL AGGREGATE 1 2j=j=
PRODUCTS - COMP/OP AGO 8 I.000,000
PERSONAL & ADV INJURY $ 1 00
EACH OCCURRENCE S 1,000,000
OWNERS & CONTRACTORS PROT
FIRE DAMAGE (Any one *9) S 50,000
LIED EXP (Any one person) $ WON --
A
AUTOMOBILE LIABILITY
29COOMI.00
030/96
03/09/97
COMBINED SINGLE LIMIT 8
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY $ 5w'000
(Per Per—)
BODILY INJJRY 500,000
(Per a=lderrl)
X HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE 250,000
SM- ane
M000 Deduct
$45,000 Max Limit
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT S
OTHER THAN AUTO ONLY
ANY AUTO
EACH ACCIDENT 8
AGGREGATE 8
EXCESS LIABILITY
EACH OCCURRENCE 5
AGGREGATE S
UMBRELLA FORM
_
3
OTHER THAN UMBRELLA FORM
I
WORICERS COMPENSATION AND
EMPLOYERS' LIABILITY
TSFOOOI028196
09/13/96
09/13/97
TWCYSTA
OR LOX ER
El. EACH ACCIDENT
EL DISEASE - POLICY LIMIT
THE PROPRIETOR! Dim
PARTNERSJIEKECUTIVE
OFFICERS ARE. REXCL
EL DISEASE - EA EMPLOYEE S SM,ffla
OTHER
DESCRIPTION OF OPERATIONSILOCATION ITEMS
The below referenced certificate holder Is afforded additional Insured status with reaped to the above General
Liability coverage for vicarious liability Imputed due to the negligent acts of the named Inured.
Waiver of Subrogation Is granted.
�. . . ..... ..
';— � *... J•:R}:::
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THI
City of Lubbock EXPIRATION DATE THEREOF, THE MMO COMPANY WILL ONWO&M WLIL
Attention: Ron Shuffleld 9n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER HAM 70 THE LE
PO Box 2000 ffiffir.1511111111 00111inbowiRwil Is 1111111 11110--
Lubbock, TX 79457
AUTHORIZED REPRESENTATIVE
0
':,.:•::.:....;•.......:.........:.......::.:r;::::s:::i:::t::::::s:r::::::2'�i::S::ii:r;::::.:::::�::::::i:;:i:.:::::rr::r::::;::�:::<:::::�:t;.::::?�::::;::tt::;::::'::;f:::;::::>:::,y;::;::::'.,•:::s�i::;y:.::;:s:;t:S::::::::::2:;:i:::::::::::::::::.�:::.�. ATE D
k,':�:;::;:iS;k;:!:;:;5;:%is.'•:;:;:;;:;:;:;;;:;: D IIOAID rYY)
'..ilii;i':E:i:>E#k•::::`•%::::::::%ir2:E::`•::$:i%::
PaooucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PRISM, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 1777 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Greenville, SC 29602 COMPANIES AFFORDING COVERAGE
COMPANY
8641801-0460 A North American Specialty Ins Co
INSURED COMPANY
StagaUght, Inc. B Texas Worker's Compensation Fund
2310 Richton Street COMPANY
F Houston, TX 77098 C
COMPANY
D
:M��S??'ii'�`'sr`''`j`5'Y'�}SS'''•'Jr`'�tks�'•>``s��'s`'r'`s`�`�%'?�>`'��' �>>�c:.;..:::.....::<a;.:«s::«..:::::.::::;: ::::...........:..
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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIM
LTR DATE OUNDONY) DATE (MMIDDIYY)
A GENERAL LIABILITY 29C0000031-00 03/09/96 03/09197 GENERAL AGGREGATE s 0 ow ON
X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMPIOP AGO S 1,000,000
CLAWMADE � OCCUR PERSONAL 3 ADV INJURY 111 1000 000
OWNER'S 6 CONTRACTORS PROT EACH OCCURRENCE i 1,000.0m
FIRE DAMAGE (Any one Ore) $ 50,000
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL nEMS
Re: Bid #13711
City of Lubbock
Attention: Ron Shuffield
PO Box 2000
Lubbock, TX 79457
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL OWWABUM MAO.
.10_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
AUTHORIZED REPRI(VAnT
MED EXP (My one person) S 5,000
A
AUTOMOBILE
LIABLLRY
29C0000031-00
03/09%96
03/09/97
COMBINED SINGLE LIMIT i
X
ANY AUTO
BODILY INJURY
(Per person) S 500,000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Par accident) i 500,000
X
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE i ��
Hired Phy Damage
0011000 Deduct
$45,000 Max Limit
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT i
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT i
AGGREGATE S
EXCESS LIABOITY
EACH OCCURRENCE i
AGGREGATE S
UMBRELLA FORM
i
OTHER THAN UMBRELLA FORM
J B
WORKERS COMPENSATLON AND
WORKERS
EMPLOYERS' LIABILITY
FD001028196
09H3/96
���97
TORY WC SLIM
[1 EACH ACCIDENT i
EL DISEASE - POLICY LMR SOO NO
THE PROPRIETOR! INCL
PARTNERSJE7tECUTIVE
OFFICERS ARE: EXCL
IS
EL DISEASE - EA EMPLOYEE i
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL nEMS
Re: Bid #13711
City of Lubbock
Attention: Ron Shuffield
PO Box 2000
Lubbock, TX 79457
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL OWWABUM MAO.
.10_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
AUTHORIZED REPRI(VAnT
X13086f II
/Ill 10
E0. 6 [Z AON 96.
ONIMU,nd
I'
L ! CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance Agent/Broker
N 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
contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this
bid/proposal.
E ,
Agent (Signature)
Name of Agent/Broker: _
I
Address of Agent/Broker:
City/State/Zip:
Agent/Broker Telephone Number.
Date:
CONTRACTOR'S NAME:
Agent (Print)
(Print or Type)
CONTRACTOR'S ADDRESS:
k
t'
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)767-2165.
BID #13711 - AUDITORIUM STAGE LIGHTING RENOVATIONS
r
r
f.. CONTRACTOR CHECKLIST
r
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;
f' (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
r prior to beginning work on the project;
r (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
g showing extension of coverage, if the coverage period shown on the contractor's current certificate of
t coverage ends during the duration of the project;
r (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
(13) 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
E
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;
r„ (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:
r
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.O
CONTRACT
'r
t
7,
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 7th day of November, 1996, by and between the City of
Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to
do so, hereinafter referred to as OWNER, and Stagelight, Inc. of the City of Houston, County of Harris, and the State
of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID # 13711 - AUDITORIUM STAGE LIGHTING RENOVATIONS - $27,376.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor,
,�.. insurance and other accessories and services necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
l The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance
r 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.
4
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
ATTEST:
61"
j� Secr ry
t A ROVED AS O CONTENT:
er'sre ative
OVEID• •:
ftome
ATTEST:
Corporate Secretary
I�
CITY OF LUBBOPP,, T,WIF (QWNER)
CONTRACTOR:
STAGELIGHT,1
By:
PRINTED NAME: ' )-el"?m .o
TITLE: ?A?,f510j6 cs I
COMPLETE ADDRESS:
Stagelight, Inc.
2310 Richton
Houston, Texas 77098
R
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k
GENERAL CONDITIONS OF THE AGREEMENT
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it
shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
A
t,
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be
understood to mean the person, persons, co -partnership or corporation, to wit: STAGELIGHT. INC. who has
agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, under whose supervision these contract documents, including plans and
specifications, were prepared, and JOHN JAMES TECHNICAL COORDINATOR, who will inspect constructions;
or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any
particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of
Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the
Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to
Bidder for his inspection in accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
• Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
k by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member
of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the
k last business address known to him who gives the notice.
P"
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract
documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative 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 with one copies of all Plans, Profiles and 'Specifications without expense to him
and he 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 of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the
work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or
the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner
that the completed project will conform to the requirements of the contract documents, but he will not be
responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the
basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to
guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever 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 his 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 him, his
Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at
Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review all work included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that the Owners Representative shall, in all cases,
determine the amounts and quantities of the several kinds of work which are to be paid for under this contract.
He 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 Owners Representatives' estimates and findings shall be conditions precedent to the right to any action on
the contract, and to any rights of the Contractor to receive any money under this contract.
The Owners Representative shall, within a reasonable time, render and deliver to both the Owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to
the execution of the work or the interpretation of the contract, specifications and plans.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owners Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owners 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 six (6) days make written appeal to the Owner's Representative for his
decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory
to Owners Representative. The superintendent shall represent the Contractor in his absence and all directions
given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable
Flo representatives of the Contractor is essential to the proper performance of the worts; and lack of such supervision
shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owners Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his 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 himself as to the nature and
u. 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 effect the work under this
contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before
or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained.
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18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work
required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform
him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, 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.
18. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution
and completion of this contract where it is not otherwise specifically provided that Owner shall fumish 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 direct, and the sanitary conditions of the grounds in or about such structure shall at
all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall
be approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable 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 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 worts will be ready for such observation. Owner or Owner's Representative may reject
any 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 Observer has
previously accepted the work through oversight or otherwise. If any 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 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 approval, and any work which meets the requirements of any such
tests or approval but does not meet the requirements of the contract documents shall be considered defective.
Such defective work shall be corrected at the Contractor's expense.
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Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
p Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections,
tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the
requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further 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 Owners' Representative as unsuitable or not
in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice
thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such
work so that it shall be in full accordance with this contract. It is further agreed that any remedial action
contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof,
either before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for
a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount
of work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. in case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual
loss occasioned by such change, due to actual expenses incurred in preparation for the worts as originally
planned.
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24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not
covered by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is
commenced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) percent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph
r shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment,
for the time actually employed or used on such extra work, plus actual transportation charges necessarily
incurred, together with all expenses incurred directly on account of such extra work, including Social Security,
Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all
other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative,
or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost
shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be
determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership
Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for
the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent
(15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his 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 he should receive
compensation or an adjustment in the construction time, he shall 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).
The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below
provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract 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. If the Contractor finds any discrepancies or omissions in
these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a
clarification before the bids are received, and if no such request is received by the Owner's Representative prior
to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included
and has provided sufficient sums in his bid to complete the work in accordance with these plans and
specifications. It is further understood that any request for clarification must be submitted no later than five days
prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality
of work with the rate of progress required under this contract, the Owner or Owner's Representative may order
the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an "
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety 'of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
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Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and
r+ save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person
or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their
agents or employees, in the execution and supervision of said contract, and the project which is the subject
matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary
barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained
against the Owner or any of its officers, agents, or employees including attomey's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his 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 his duty and shall not be construed as any assumption
of duty to supervise safety precautions by either the Contractor or any of his 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
r" Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All
policies shall contain an agreement on the part of the insurer waiving the right to subrogation.
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate
of insurance specifying each and all coverages shall be submitted 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. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $250.000 Combined
Single Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
�., Personal Injury
Advertising Injury
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B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $250.000 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, $250.000 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.
The Contractor shall obtain a Builder's Risk policy in the amount of ° (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 $1.00 on all contracts with
coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500.000.
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 ❑
entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets. -
2. The contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
(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;
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
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coverage ends during the duration of the project.
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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
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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.
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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
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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;
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(b) provide to the contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5
(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 protect;
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 (1) (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who will
provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division of Self -
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the —
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the r
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 bome by y
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate. —.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the
job specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall: —
(a) provide coverage for its employees providing services on a project, for the duration of
the project based on proper reporting of classification codes and payroll amounts and --
filling of any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the contractor's current certificate of coverage ends during the duration of the project;
(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 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 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 5121440-3789 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
(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;
Vii) include in all contracts to provide services on the project the language in
subsection (e) (3) of this rule;
(iv) provide the contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
- . on the current certificate of coverage ends during the duration of the
project;
(vi) . retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (A) - (H), with the certificate of coverage to be provided
to the person for whom they are providing services.
29. DISABLED EMPLOYEES'
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990,
and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance 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, 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.
Any and all communications between any party under this paragraph must be in writing
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device,
material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or
Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and
shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend
all such suits and claims and shall be responsible for all such loss when a particular design, device, material or
process or the product of a particular manufacturer or manufacturers is specified or required in these contract
documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to
the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If
the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for
such loss unless he promptly gives written notice to the Owner of such infringement:.
7 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 effect the contract or the work, and shall indemnify and save harmless the
` Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by
£` the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance
therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be
adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to
be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's
Representative, he shall bear all costs arising therefrom.
r�
f 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
r•• may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect
r
as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his 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 his full obligations to
i the Owner, as provided by this contractual agreement.
34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract of work to be done hereunder are essential
conditions of this contract; and it further mutually understood and agreed that the: work embraced in this
contract shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time! herein specified, or any
proper extension thereof granted by the Owner, 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 $200.00 (TWO 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 calendar day that the Contractor
shall be in default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic change and conditions and usual industrial conditions prevailing in this
locality.
I
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the
impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event
sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner
from current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute his 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 his 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. EXTENSION OF TIME
The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of
this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he
shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been
delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors
employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public
enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written
justification as may be required by Owner's Representative for such an extension as requested by Contractor.
The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the
Contractor supported by all requested documentation shall then consider such written request and respond to
Contractor in writing granting or rejecting the request for an extension of time to complete the project.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the
time herein fixed, he has taken into consideration and made allowances for all hindrances'and delays incident to
such work, whether growing out of delays in securing material or workmen or otherwise. 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 judgment of the Owner's Representative that is
caused by such stoppage shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract Is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown 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. It is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price
method, payment shall be for the actual amount of work done and materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for
any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor
agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any
injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such
indemnity shall not apply to any claim of any kind arising out of the existence or character of the work.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work
by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
bid 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 him and for well and truly performing the same and the whole thereof in the manner and according to
this agreement, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
•� with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have
.�: not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
�* On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment. Owner's Representative shall review said application for partial payment 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; said statement shall also include the value of all sound materials delivered on site of
the work that are to be fabricated into the work.
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 this agreement. it is understood, however, that in case the whole work be near to
completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual
delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written
recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage
due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work
has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the
work and within said time, if the work be found to be completed or substantially completed in accordance with the
contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of
completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of
acceptance of the work to the Contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under the
terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the
31 st day after the date of certificate of completion, the balance due Contractor under the terms of this
agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said
payment shall become due in any event upon said performance by the Contractor. Neither the certificate of
acceptance 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 special conditions (if any) of this
contract or required in the specifications made a part of this contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned. by the Owner's
Representative on account of failure to conform to the contract, whether actually incorporated in the work or not,
and Contractor shall at his own expense promptly replace such condemned materials with other materials
conforming to the requirements of the contract. 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.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any
damage to other work resulting therefrom, which shall appear within period of one (1) year from the date of
substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with
reasonable promptness.
47. PAYMENT WITHHELD r
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which
will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
t, 48. TIME OF FILING CLAIMS
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) days after the Owner's
Representative has given any directions, order or instruction to which the Contractor desires to take exception.
The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision
in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand
for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after
the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that
final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a
bar to any claim by either party, except where noted otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of
the Owner's Representative, when such orders are consistent with this contract, this; Agreement, or the
Specifications hereto attached, 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.
After receiving said notice of abandonment, 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 case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for
within ten (10) days after service of such notice, then the Owner may provide 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
l•• expense is less than the sum which would have been payable under this contract, if the same had been
j 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 his 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. However, should the cost to complete any such new contract prove to be less
than that which would have been the cost to complete the work under this contract, the Contractor or his
Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and
certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A
complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct
r" shall then be prepared and delivered to Contractor and his Surety, 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 certificate 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 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. Should the cost to complete the work exceed the contract price, and the Contractor
and/or his Surety 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 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 subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) 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. 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, to their proper owners.
50. ABANDONMENT BY OWNER t.
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said
terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly --
abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the
ground that have not been included in payments to the Contractor and have not been incorporated Into the work.
Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, _
which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the
attached bid, the value of all partially completed work at a fair and equitable price,' and the amount of all Extra
Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to \
cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot
be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by
deducting from the above estimate all previous payments by the Owner and all other sums that may be retained
by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the
Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by
said final statement as due the Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an
approved Surety Company authorized to do business in the State of Texas. And It is further agreed that this —
contract shall not be in effect until such bonds are so furnished.
52. 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.
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss 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 and the prosecution of the same,
PION
I
or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be
sustained and borne by the Contractor at his own cost and expense.
1 54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority
to direct, supervise, and control his 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 his 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.
i
55. 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 he shall remove all such debris and also his 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.
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CURRENT WAGE DETERMINATIONS
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h.esolucion iNo. -)1-1
March 14, 1996
Pak
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Ltem 419 '
t`
RESOLUTION
WHEREAS, the City Council has heretofore established the general prevailing rate of !,
per diem wages for each craft or type of workmen or mechanics needed to execute public
works contracts for the City of Lubbock in accordance with the provisions of Vernon's
fi
Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719 enacted February
i 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by
l
. Resolution No. 2502 enacted January 8, 1987; and
WHEREAS, such rates need to be updated at the present time in order to reflect the
current prevailing rate of per diem wages; NOW THEREFORE:
F
F THE CITY OF LUBBOCK:
BE IT RESOLVED BY THE CITY COUNCIL Oi
THAT the general prevailing rate of per diem wages for public works contracts shall be
,.
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as set forth in the following named exhibits, which exhibits shall be attached hereto and made
a part hereof for all intents and purposes:
Exhibit A: Building Construction Trades j
Exhibit B: Paving and Highway Construction
Exhibit C. Overtime Rate
Exhibit D: Weekend and Holiday Rate
1
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.
e
Passed by the City Council this 14th
ATTEST:
Betsy M. J nson, City Secretary
APPROVED AS TO CONTENT:
le
Mary 4Andlws, Managing Director of
Human Resources
APPROVED AS TO FORM:
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Hatold Willard, Assistant City Attorney
iHW:da/ccdocs/pubworks.res
February 14, 1996
2
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Hourly Rate
Acoustical Ceiling Installer
10.00
Air Conditioner Installer
11.00
Air Conditioner Installer -Helper
5.50
Asbestos Worker
8'00
Asbestos Supervisor
11.00
Bricklayer
11.00
Bricklayer -Helper
6.00
Carpenter
11.00
Carpenter -Helper
6.00
Cement Finisher
7.50
Drywall ager
10.00
Electrician
13.00
Electrician -Helper
6.00
Equipment Operator -Heavy
8.50
Equipment Operator -Light
7.50
Floor Installer
8.50
Glazier
8.00
Insulator-Piping/Boiler
4.00
Insulator -Helper
5.50
Iron Worker
8'00
Laborer -General
5.50
Mortar Mixer
5.50
Painter
9.50
Plumber,
10.50
Plumber -Helper
6.008.00
Roofer
Roofer -Helper
5.50
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder -Certified
10.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Cart
dourly 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
Scrapes.
6.50
Tractor
6.50
Truck Driver -Light
6.00
Truck Driver -Heavy
6.50
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate.
IWC11:
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
SPECIFICATIONS
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6
i.
1 CITY OF LUBBOCK LUBBOCK CIVIC CENTER
Part 1 - GENERAL
A. SCOPE OF PROJECT
The scope of this project is to provide a fully functioning, digitally controlled
architectural and stage lighting control system. The project will facilitate the
removal of existing analog system along with repair and expansion of existing
dimming system. Some manipulation of existing power supply may be needed.
The successful bidder will provide "turnkey" systems as described below.
B. QUALIFICATIONS OF BIDDERS
Bidders shall maintain a permanent office with a knowledgeable design and
installation team. Bidders must have a minimum of five years experience in the
design, installation and associated disciplines affiliated with this project. Bidders
shall familiarize themselves with the nature of the project, the goals of the project
and the needs of the owner. Bidders must be able to provide, upon demand,
references for at least three jobs of a similar size and scope to the project
specified herein.
C. INTENT OF SPECIFICATIONS
It is the intent of these specifications to provide a fully functioning digital control
system for the stage lights and architectural or "house" lights in the Lubbock
Civic Center Theater. It is also the intent to provide existing dimmer repair and
additional dimmer purchase to maximize existing dimmer capability. All bidders
must include in their bid all materials, cables, connectors, labels, and necessary
manuals for a complete system regardless of whether or not the necessary
materials are listed in the specifications.
Each piece of equipment has been chosen because of it's function in the system
to be installed. The individual components are designed to work together to
make complete systems that function in a particular manner. Equipment
substitutions will be considered providing the equipment meets or exceeds the
specification set forthwith.
Bidders will provide the following:
Coordination of work schedule
Installation procedures schedule
Training schedule
Operation manuals
Warranty on all equipment
D. SCOPE OF WORK OUTLINE
BASE BID
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Install protocol language conversion system from DMX to AMX.
Delete existing architectural dimmers and control system. (Booth
and stage left)
3. Delete existing stage light control system. (Remove Mantrix board
and stage manager's board)
4. Provide and install architectural dimmer rack with 24 spaces and
16 2.4 kw dimmers.and wired space for eight additional dimmers:
5. Provide and install stage manager's digital control station for stage
lights and house lights.
6. Provide control console in light booth.
7. Provide remote focus unit.
8. Provide and install control cable as needed to facilitate dimmer
control and feedback network.
9. Service/repair all existing dimmer racks for proper control
functions.
10. Provide and install aisle/step lighting to control system at
backstage and booth.
11. Provide and install stage work -light control at backstage and booth.
ADD ALTERNATES
1. Rebuild all non-functioning CD -80 dimmers. _
2. Expand dimmer capacity with additional 23,CD-80 2.4K dimmers.
Part 2 - GENERAL SPECIFICATIONS EQUIPMENT
To ensure a uniform installation and single responsibility, all dimming system
components shall be provided by one manufacturer. This manufacturer shall
have manufactured electronic lighting controls for a minimum of 10 years and
not be in, or in the process of, seeking bankruptcy. Mixing of equipment brands _
will not be accepted. Stage lighting control to consist of:
A. CONTROL CONSOLE
1. Console shall be a memory lighting control console designed to
provide complete control of solid state lighting and entertainment
control devices suitable for professional use in television, _
theatrical, live concert and audio-visual display applications.
Provide one control console complete with one 6 -foot power cord,
one 25 foot DMX cable, and one 25 -foot feedback cable. Console _
shall be ETC Express 250.
2. The console shall have a minimum of the following features:
a. 600 cues per show
b. Up, Down, and Wait times for each cue
C. 250 Control Channels
d. 1024 DMX512 dimmers
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e. Recordable Time fade and wait time on all submasters
f. Individual up time, down time, and hold time for cues
g. 24 overlapping submasters with 10 pages of submaster
memory
h. 2000 recordable macros
i. 2 timed/manual fader pairs
j. Overlapping inhibitive or pile -on submasters
k. 24 submasters with bump buttons and integral LED's
I. Cues may be linked to other cues
M. Macros may be linked to cues and cues maybe linked to
other cues
n. 10 factory -programmed profiles
o. Help key to display an individual help screen for each
console key
P. Monitor display with the ability to display level status of all
control channels simultaneously
q. Floppy disk storage for off-line storage of shows in a format
that is compatible with IBM-PC computer disk drives.
r. Numeric, function, and macro keys on console
S. Dual axis track pad for setting levels and programming
automated fixture cues
t. 1 High resolution color monitor
U. Outputs for a parallel printer that is IBM-PC compatible
V. Display of system fault indicators: DMX Port errors,
Incoming power under (<90 VAC) or over (>140 VAC)
voltage, airflow obstruction in rack, System over or under -
temperature, Backup cue errors
W. Display of system status indicators: Individual phase
voltages, Power frequency, Control link Provideress,
Recorded error log
X Display of backup function indicators: Check panic status,
Record backup cues
Y_ Ability to edit dimmer attributes (Example: dim/non-dim)
Z. Disk compatible with existing console at Lubbock Civic
Center.
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B. EDIT FUNCTION
1. Control system shall contain an .IBM-PC compatible show editing
system, making it possible to create or modify show information on
a computer without using the console. Editing shall be
accomplished by using the function keys and selected alpha-
numeric keys in a syntax similar to the lighting console, with on-
screen menus, prompts, and help features to guide the user.
Shows and their components may be arranged and saved in new
configurations. An evening's program may compiled from any
portion of the existing, repertory of cues.
2. The edit function shall make it possible, through ASCII text files, to
import information from other software programs, or to send via
modem to another location. Through the print menu options, using
the PC's parallel port, it shall be possible to create a hard copy of
show information, or to determine the differences between two
show files.
3. Edit function shall be ETC OFFLINE with the following features and
functions:
a. Runs on an IBM PC, AT, PS -2 or compatible computer.
b. Parallel printers are supported.
4. Edit functiomshall be available for free download on Internet or
disk and hardcopy documentation shall be provided.
C. REMOTE FOCUS UNIT
1. The Remote Focus Unit shall be a rugged hand held remote which
will allow the user to set channel levels, check dimmers, or run
cues from any location in the theatre. Fade times, channel levels,
and cue numbers shall be able to be viewed on three LED
displays. Stage and blind modes shall allow for easy cue
composition and playback. Unit shall be compact, measuring
8.25 x 5.5 x 1 inches. The unit shall include a male 6 pin XLR
connector to allow easy interface with the ETC console.
D. STAGE MANAGERS CONTROL STATION (1 REQUIRED -STAGE
LEFT)
'Stage Manager's panel shall provide 12 discreet programmable
scene masters. These scenes may be replayed in any combination and
in "pile -on" mode. Each slider may be programmed using the "record"
button which will record the current output of the main console. An
ON/OFF button shall also be provided.
E. DIMMER RACKS
1. The dimmer racks shall house all dimmer modules, control
electronics, and branch circuit breakers. Provide module and
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breaker quantities as indicated below. System shall have the
performance features that follow.
a. Rack shall be UL Listed and labeled.
b. Rack shall employ dead front construction of code gage
steel.
a
P
C. Each rack must have a hinged locking door.
d. Each rack must have an electrostatic air filter.
C
e. Ventilation shall be by a low -noise fan activated by DMX
level data.
f. In the event of an over -temperature situation, each dimmer
shall be shut down independently as required. Systems that
shut the entire rack down upon over -temp will not be
accepted.
g. Each module dimmer rack shall be provided with a keypad
and LCD display for rack configuration, backup and fault
indication.
h. Each rack shall maintain active scene for a user
programmable period after loss of DMX -512 signal from
console.
.
i. Standard control format shall be USITT DMX -512. Dimmer
rack CEM must accept two independent DMX signals
concurrently in a highest -takes -precedence manner for each
dimmer.
j. Rack shall store a minimum of thirty-two user
programmable back-up looks which may be activated in
case of loss of control signal.
k. Each dimmer must include discrete "boost" feature to allow
over -voltage output to compensate for voltage drop in
branch wiring and allow a true 120 volts at the fixture lamp
or "trim" max voltage output to lengthen lamp life.
I. Each rack shall include a beacon which shall flash to
j�
indicate failures.
t
F. DIMMER MODULES
1. Dimmer modules shall be plug-in type. No more than two dimmers
per module will be accepted.
2. Modules shall be assembled of aluminum or steel. Dimmer
modules with housings manufactured of plastic or a flammable
material will not be accepted.
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3. Each dimmer module shall contain magnetic circuit breakers(s),
solid state switching module(s), choke(s) and connectors.
4. Each dimmer must have the discreet capability to operate in a
dimmed or a non -dimmed mode. This function shall be selectable
from the control console 'or the rack -mounted keypad.
5. Each dimmer circuit shall use solid state switching devices
consisting of two silicon controlled rectifiers in an inverse parallel
configuration, snubber network and all required gating circuitry on
the high voltage side of an integral opto-coupled control voltage
isolator.
6. Dimmer modules shall include toroidal filters to reduce lamp
filament sing and limit the radio frequency interference on line and
load conductors. The current rise -time shall be not less than 500
microseconds measured at 90 degree conduction angle from 10-
90% of the output wave -form with the dimmer operating at rated
load:
7. Power efficiency shall be at least 97% at full.load.
8. Dimmer shall accept. hot -patching of an incandescent load up to
the full capacity of the dimmer.
9. Dimmer output shall be regulated for incoming line voltage
variations except that the output voltage annot be increased above
a level equal to line voltage less dimmer insertion drop. Line
regulation shall be +/ 1V over a 90-140 volt range for changes up
to 10%. Load regulation shall be +/- 2V for 1-100% of rated
current. Dimmers shall employ a scheme for compensation for
harmonic distortion of the power line for any variation in load.
10. Response to control shall be less than 25 milliseconds.
G. DIMMER FEEDBACK SYSTEM
1. Rack shall be provided with a feedback network to provide rack
performance data to the control'console. The network shall
provide operational information which shall be displayed on the
rack -mounted LCD display and on the control console color
monitor. Hand-held remote does not meet this requirement.
2. System shall annunciate DMX port errors at the rack and control
console.
3. System shall annunciate backup cue errors at the rack and control
console..
4. System shall annunciate individual phase voltages and power
frequency at the rack and control console.. .
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1,
5. System shall annunciate control link address and recorded error
log status indicators at the rack and control console..
6. System shall annunciate panic status at the rack and control
console..
7. System shall annunciate airflow obstruction errors at the rack and
control console..
8. System shall monitor cabinet temperature and annunciate over-
temperature at the rack and control console..
H. CONTROL ELECTRONICS
1. Control Electronics shall be plug-in module(s). A discreet keypad
and LCD display shall be provided for each rack section of 96
dimmers. The control electronics shall provide the following
functions:
a. Thirty-two user programmable back-up looks shall be
provided in case of loss of control signal and may be
recalled from the rack keypad(s) remote station(s) and the
control console.
b. Dimmer multiplexing control: This optional feature allows
each dimmer to be switched into multiplex mode. This
function shall allow discrete control of two separate fixtures
from one dimmer. This shall be accomplished by plugging
in a multiplexer at the fixture location and use of fixtures
capable of multiplexing. Systems which provide this feature
shall be considered as providing the "future" circuits
requirements of this specification.
I. ENTRANCE STATIONS (2 REQUIRED BOOTH AND STAGE RIGHT)
1. The station shall consist of a wall mounted station with an integral
ON/OFF button with integral LED. The station shall activate the
light levels preset or turn all lights off.
J. CONSOLE RECEPTACLE STATIONS (TWO REQUIRED -BOOTH AND
STAGE LEFT)
1. Console receptacle stations shall consist of "XLR" style
receptacles mounted in a black painted steel plate. Outlets shall be
provided for DMX, Dimmer Feedback and Remote Focus Unit.
K. RFU RECEPTACLE STATIONS (3 REQUIRED -ALCOVES L & R AND
CATWALK.
1. Receptacle stations shall consist of an "XLR" style receptacle
mounted in a black painted steel plate. Outlets shall be provided
for Remove Focus Unit.
L. ACCESSORIES
1. Provide one VGA monitor for console, .28 dpi
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s
2. Provide one set of 25" control cables (DMX, Link and RFU)
M. DMX TO AMX CONVERTERS
1 Provide all DMX to AMX converters required for fully operational
system. These converters shall be by the same manufacturer as
the control console.
N. HOUSELIGHT DIMMER CABINET
1. Provide and install houselight dimmer cabinet with 16 20 -amp
dimmers and wired space for 8 additional dimmers.
O. ALTERNATE #1 - REPAIR OF EXISTING DEFECTIVE STRAND CD -80
MODULES
1.. Provide a unit price to refurbish existing defective modules. Bidder
shall have the right to declare a module unrepairable.
P. ALTERNATE #2- STRAND CD -80 MODULES
1. Provide a unit price for new Strand Dual 20 amp standard rise -time
modules.
Part 3 -EXECUTION
A. INSTALLATION -
1. Install all new equipment and rewire existing equipment, all in
compliance with national and local electrical codes. Auxiliary
equipment required to make this installation comply with codes,
even if not listed in the specification, is the responsibility of the
bidder and must be included in the bid price.
2. All wiring -shall be done in a craftsman -like manner. When
conductors must be spliced to extend length, it shall be done with a
terminal strip or suitable type compression fittings.
3. Equipment shall be kept clear of all metal shavings, wire scraps,
and miscellaneous trash. Any abandoned holes in the floor shall be
patched.
4. Any existing conduit emanating from the floor shall be dressed in
such a manner as to eliminate any trip hazard. Conduits shall be
re-routed or terminated into wire -ways to insure a neat installation.
5. All equipment shall be installed in compliance with applicable local
and national codes. It shall also be installed in accordance with the
manufacturer's recommendations. Prior to initial energizing, the
system shall be inspected by a factory certified technician and any
errors shall be corrected.
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