Dimming System Upgrade DUE: 4/20/15 A SOLICITATION OVERVIEW The City of Irving is soliciting bids for: TITLE: Facility Dimming System Upgrade for the Irving Arts Center ITB Number: 139M-15F Commodity: 0105 General Construction, 0115 Interior Construction & Remodeling, 0225-Electrical Contractors Due Date: 3:30 p.m., CST, April 20, 2015 Location: City of Irving, Purchasing Division 835 W. Irving Blvd. Irving, Texas 75060 Pre - Bid Conferences*: Date: Thursday, April 9, 2015 Time: 10:00 a.m. Location: Irving Arts Center, Ste. 300 3333 N. MacArthur Blvd. Irving, Texas 75062 Date: Monday, April 13, 2015 Time: 2:00 p.m. Location: Irving Arts Center Ste. 300 3333 N. MacArthur Blvd. Irving, Texas 75062 *Attendance at one of the Pre-Bid conferences is mandatory. Not attending one of the two conferences will result in a non-responsive proposal. Public Bid Opening: There will be a public bid opening in the Purchasing Division Conference Room immediately following the bid due time/date. Interested parties are invited to attend. Written Questions: Submit written questions to: Marsha Hughes, Purchasing Agent, mhughes@cityofirving.org Ross Moroney, Facility Operations Supervisor, rmoroney@cityofirving.org Questions may be submitted through 3:00 p.m., April 14, 2015 No verbal questions will be accepted. Questions of a substantial nature will be addressed in an addendum, posted on the City’s Purchasing Web page for all interested parties. 1 ITB#139M-15F Facility Dimming System Upgrade for the Irving Arts Center Table of Contents Table of Contents .................................................................................................................................................. 2 Overview ............................................................................................................................................................... 3 Pricing Page ........................................................................................................................................................... 4 GENERAL CITY OF IRVING INSTRUCTIONS, REQUIREMENTS AND ATTACHMENTS: Attachment A-4, Standard Terms and Conditions ................................................................................................. 5-8 Attachment B-1, General Instructions to Bidders ............................................................................................... 9-10 Attachment B-2, Special Instructions to Bidders ............................................................................................... 11-14 Attachment B-7, Checklist for Bidders .................................................................................................................... 15 Attachment B-5, Map Locating Purchasing Division ............................................................................................... 16 Summary Response Page ......................................................................................................................................... 17 Attachment C-1, Conflict of Interest Instructions ................................................................................................... 18 Attachment C-2, Conflict of Interest Statement ................................................................................................ 19-20 Attachment C-3, Federal Debarment Certification .................................................................................................. 21 Attachment C-4, Prevailing Wage Rates ............................................................................................................ 22-23 Attachment D-3, Insurance Requirements for Construction ............................................................................ 24-26 Attachment D-4, Insurance Affidavit ....................................................................................................................... 27 Attachment D-6, Indemnification by Contractor ..................................................................................................... 28 Attachment E-1, Environmental Commitment ........................................................................................................ 29 Attachment E-2, Environmental Stewardship ......................................................................................................... 30 Attachment F-1, Good Faith Effort Program Overview ........................................................................................... 31 Attachment F-2, Good Faith Effort Affidavit ........................................................................................................... 32 Attachment G-1, Bid Bond Requirement ................................................................................................................. 33 Attachment G-2, Bonding Requirements for Construction ...................................................................................... 34 Attachment G-4, City of Irving Performance Bond .................................................................................................. 35 Attachment G-5, City of Irving Payment Bond ........................................................................................................ 36 Attachment G-6, City of Irving Maintenance Bond ........................................................................................... 37-38 Attachment H-6, NCLC Construction Contract .................................................................................................. 39-62 Technical Specifications ....................................................................................................................................... 1-61 2 OVERVIEW The work to be performed under this bid solicitation consists of furnishing all labor and material for a dimmer system and control upgrades at the Irving Arts Center, Ste. 300, 3333 N. MacArthur Blvd., Texas 75062. The project includes two theatre and lobby areas, with alternate (separate) pricing for the system upgrades of two additional areas. Dimming Systems to be upgraded are: Carpenter Performance Hall - Theatre and Lobby Dimming and control equipment as specified Dupree Theatre – Theatre and Lobby Dimming and control equipment as specified Alternate pricing for: Alternate # 1 -- Main Gallery -- Dimming and control, Fixtures and Materials as specified Alternate # 2 -- Rehearsal Hall – Dimming and control equipment as specified Alternate # 3 -- 2 - SP3-48 – Sensor Portable Sensor Dimmer Racks as specified Schedule for Installation: Dupree Theatre and Lobby: -----------------------------June 15 – July 10th, 2015 Carpenter Performance Hall and Lobby: -----------July 6 – 31st, 2015 The installation dates for the Theatres will begin no sooner than start date and will be completed, tested and operational by end date For each alternative bid selected, the schedule for installation will be determined based on the Arts Centers’ event schedule. Contractor will be responsible for removing ALL debris from jobsite on a daily basis. As the Arts Center will remain open to the public during this system upgrade, the contractor and ALL associated personnel shall present themselves in a professional manner at all times. 3 PRICING PAGE Irving Arts Center Facility Dimming System Upgrade: 1) Carpenter Performance Hall---------------------------------------------------------$_________________ Carpenter Lobby-----------------------------------------$________________ 2) Dupree Theatre---------------------------------------------------------------------------$__________________ Dupree Lobby----------------------------------------- $_________________ TOTAL BID FOR THEATRES AND LOBBIES------------------------------------------$_________________ Alternate #1: Main Gallery System and equipment ------------------------------------------$_________________ Alternate #2: Rehearsal Hall System -------------------------------------------------------------$_________________ Alternate # 3: ETC- SP3-48 - Portable Dimming Racks ---------------------------------------$_________________ The Irving Arts Center reserves the right to select any one or none of the alternate bid quotes The Respondent agrees to achieve Substantial Completion of the work within _____14_____ consecutive calendar days per area based on schedule set forth from Notice to Proceed. Vendor’s Signature__________________________ Company Name_________________________ 4 STANDARD TERMS AND CONDITIONS Attachment A-4 1. Application These standard terms and conditions shall apply to all City of Irving (hereafter “City”) solicitations and procurements, unless specifically excepted in the solicitation specifications. 2. Requirements By submitting a bid, the respondent agrees to provide the City of Irving with the specified goods or services described in the solicitation in accordance with these standard terms and conditions, at the agreed upon bid price and in compliance with the stated specifications and any subsequent addendums issued prior to the date of the bid opening. 3. Legal Compliance Bidder or proposer must comply with all Federal, State and Local laws, statutes, ordinances, regulations and standards in effect at the time of delivery of goods and services, and must maintain any and all required licenses and certificates required under the same laws, statutes, ordinances, regulations and standards for services and/or goods provided in response to this solicitation. 4. Modifications and Addendums The City shall have the right to modify any of the solicitation documents prior to submission deadline and will endeavor to notify potential bidders, but failure to notify shall impose no liability or obligation on the City. All modifications and addendums must be in written form prepared by the City department issuing the solicitation. Bidders are responsible for incorporating any and all modifications and addendums into their bid responses. 5. Interpretation of Bid Documents The City is the final judge of the meaning of any word(s) sentences, paragraphs or other parts of the bid documents. Bidders are encouraged to seek clarification, before submitting a bid, of any portion of the bid documents that appears to be ambiguous, unclear, inconsistent, or otherwise in error. Clarifications will be in writing. 6. Late Bids Bids must be received in the Purchasing Office by the time specified in the solicitation. The City will not accept late bids and is not responsible for the lateness or non-delivery of bids by the Postal Service or any private delivery firm. The time/date stamp in the Purchasing Office shall be the official time of receipt. 7. Conditional Bids The City will not accept conditional bids which qualify the bidder’s response in any way. Any alterations, erasures or strikethroughs made by the bidder prior to submission of the bids must be initialed by the bidder to guarantee authenticity. 8. Minor Irregularities The City reserves the right to waive any minor irregularities that do not materially affect the scope or pricing of submitted bids. 9. Responsiveness of Bids The City wants to receive competitive bids, but will declare “non-responsive” bids that fail to meet significant requirements outlined in the solicitation documents. 5 10. Discrepancies and Errors In the case of a discrepancy between the unit price and the extended total for a bid item, the unit price will prevail. The unit prices of bids that have been opened may not be changed for the purpose of correcting an error in the bid price. 11. Identical Bids In the event two or more identical bids are received, and the bids are lowest, responsible and responsive, award will be made as prescribed in the Texas Local Government Code, Chapter 271.901. 12. Withdrawal of Bids Bidders may withdraw any submitted bids prior to the bid submission deadline. Bidders may not withdraw once the bids have been publicly opened, without the approval of the City’s purchasing manager. Bidders will be allowed to withdraw bids that contain substantial mathematical errors in extension 13. Disqualification of Bidder The City may disqualify bidders, and their bids not be considered, for any of the following reasons: Collusion among bidders; Bidder’s default on an existing or previous contract with the City, including failure to deliver goods and/or services of the quality and price bid; Bidder’s lack of financial stability; any factor concerning the bidder’s inability to provide the quantity, quality, and timeliness of services or goods specified in the solicitation; bidder involved in a current or pending lawsuit with City; bidder’s attempt to influence the outcome of the solicitation through unauthorized contact with City officials outside of those listed in the solicitation documents; and bidder’s attempt to offer gifts, gratuities, or bribes to any City employee or elected official in connection with a solicitation. 14. Cost of Bid The cost of submitting bids shall be borne by the bidders, and the City will not be liable for any costs incurred by a bidder responding to this solicitation. 15. Firm Prices Unless otherwise stated in the specifications, bidder’s prices remain firm for 120 days from date of bid opening and, upon award, remain in effect for the contract period specified in the solicitation. If formal award has not occurred within 120 days of bid opening, the vendor and the City may mutually agree to extend the firm price period. 16. Acceptance The City will complete payment upon final acceptance. Retainage, if any, will be noted in the final contract. 17. MSDS Bidders must have on site Material Safety Data Sheets for any hazardous chemical used or supplied under this solicitation. 18. Taxpayer Identification Bidders must provide the City a current W-9 “Request for Taxpayer Identification and Certification” before goods or services can be procured from the bidder. 6 19. Taxes The City is exempt from all federal excise taxes and all state and local sales and use taxes. If such taxes are listed on a bidder’s invoice, they will not be paid. Additionally, bidders may use the City’s tax exemption status to purchase goods and materials becoming part of the finished construction in the solicitation. 20. Outstanding Liabilities Bidders shall not have outstanding, unpaid liabilities owed to the City. Liabilities may include, but are not limited to, property taxes, hotel occupancy taxes, license or permit fees, and water bills. Bids will be considered non-responsible and not given further consideration if submitted by a bidder with such outstanding liabilities. 21. Offset The City may, at its option, offset any amounts due and payable under a contract award under this solicitation against any debt lawfully due the City from a vendor, whether or not the amount due arises pursuant to the terms of the contract and whether or not the debt has been reduced to judgment by a court. 22. Independent Contractors It is expressly agreed and understood by both parties that the City is contracting with the successful bidder as an independent contractor. The City shall not be liable for any claims which may be asserted by any third party occurring in connection with services performed by services performed by the successful bidder, and the successful bidder has no authority to bin the City. 23. Sub-Contractors Unless otherwise stated, the contractor awarded the contract in connection with this solicitation shall have the right to select qualified sub-contractors to assist in completing the construction. The City, unless noted elsewhere, will have no contractual obligation with any of the sub-contractors, and shall hold the prime contractor responsible for all actions and work performed by the sub-contractors. The bidder is reminded that the City has Good Faith Effort goals for M/WBE participation in connection with this solicitation, and the use of qualified sub-contractors is a way that prime contractors can meet the City’s goals. 24. Governing Law All bids submitted in response to this solicitation and any resulting contract shall be governed by, and construed in accordance with, the charter and ordinances of the City of Irving, and the laws and court decisions of the State of Texas. 25. Controlling Document In the case of a discrepancy between this solicitation and the formal contract, the formal contract will prevail and control. 26. Assignment Bidder shall not assign, transfer, or pledge a contract awarded under this solicitation, in whole or in part, with the prior written consent of the City’s purchasing manager. Assignment of this contract, if approved by the City, shall not relieve the bidder’s obligations under the contract. Approval by the City of one assignment shall not constitute approval of any future assignment of the contract. 7 27. Termination If an awarded bidder fails in any manner to fully perform each and all of the terms, conditions and covenants of a contract awarded by this solicitation, he shall be in default and notice of default shall be given to the bidder by the City’s purchasing manager. In the event that Vendor continues in default for a period of seven (7) days after receipt of the above-mentioned notice of default, City may terminate or cancel the contract. The City may also cancel a contract for convenience and without cause with thirty days notice. In any cancellation of contract, the City will pay the bidder for all good received and accepted any services provided and accepted up to and including the date of termination. 28. Indemnification Bidder shall defend, indemnify, and hold harmless the City of Irving, its officers, agents, employees, appointees and volunteers against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by bidder’s breach of any of the terms or provisions of any contract awarded as a result of this solicitation, or by any negligent or strictly liable act or omission of the bidder, its officers, agents, employees, or subcontractors, in the performance of an awarded contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents or employees, and in the event of joint and concurrent negligence or fault of the bidder and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 29. Venue The obligations of the parties under a contract awarded through this solicitation are performed in Dallas County, Texas, and if legal action is necessary to enforce same, exclusive venue shall be within Dallas County, Texas. 30. Notification The City normally posts bid results on-line by the end of the next business day after bids are received. The City’s website is www.cityofIrving.org. Results are on the Purchasing Solicitation page, in the same place as the original bid documents. Bid results are for informational purposes only, and is not a notice of award. 31. Open Records Bid pricing is not considered confidential and is open to public inspection. Trade secrets and other material considered confidential by the bidder should be clearly marked as such. If a request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a bid, the City will forward the appropriate documents to the Attorney General of Texas who will contact the bidder to request sufficient written reasons and information as to why the information should be protected from disclosure. Upon review of the bidder’s response, the Attorney General will make a determination as to the confidentiality of the requested material(s), or lack thereof, and the City will respond accordingly. 8 GENERAL INSTRUCTIONS TO BIDDERS Attachment B-1 1. Securing Specifications Free specifications may be downloaded from the Purchasing page of the City’s website, www.cityofIrving.org. The City of Irving does not charge for specifications. If a third-party offers specifications or bid information for a fee, they do not represent the City. The City may charge for plans and drawings for construction solicitations. 2. Third-Party Websites With the exception of DemandStar, we do not support information about City of Irving solicitations posted on third-party websites. The City does not guarantee the accuracy of information secured from such websites and does not assume any responsibility for errors or misinformation that affects submitted bids or proposals. 3. Submission of Sealed Bids/Late Bids Bid pricing must be in US dollars and cents, unless a “percentage off” is requested. Bidders are to provide enough information with their bid to constitute a definite, firm, unqualified and unconditional offer. Bids are to be submitted in a sealed envelope or package and labeled with the bidder’s name and the solicitation name & number. All bids must be submitted to the City of Irving Purchasing Division no later than the date and time indicated in the solicitation. All times listed are local times. It is the bidder’s responsibility to ensure that bids are delivered/received by the specified time. Late bids will not be accepted and will be returned unopened. 4. Legal Name of Bidder In completing the Summary Response Page, the bidder must list the legal name of the bidder’s company. This name will be on all contracts, awards, and purchase orders. The Summary Response Page also requires a statement as to the legal status of the bidder (corporation, partnership, sole proprietorship, etc.), and should be the first document in the bidder’s response. 5. Signature The signature on the Summary Response Page should be in ink and from an individual with the authority to commit the bidder’s company to the prices bid and terms stated. 6. Bid Sheet Omissions If a bidder believes the bid sheet does not adequately provide for quotes on all goods and services necessary to fulfill the specifications, it is the vendor’s responsibility to address this issue prior to the date and time for cut-off of written questions. 7. Altered Bids Any alterations, erasures or strikethroughs made by the bidder prior to submission of the bids must be initialed by the bidder to guarantee authenticity. 8. Cooperative Purchase Bidders are given an opportunity on the Summary Response Page to indicate their willingness to allow other public entities to use the bid response as a basis for a contract with their entity, in lieu of competitive bidding. This provision is in compliance with Local Government Code 271.102. 9 9. Payment Terms, Discount & Type of Payment Bidder may express the method(s) in which he or she wishes to receive payment. If invoice states a payment term discount offer, the City will take advantage of this discount and payment will be made accordingly. 10. References When references are requested, the Summary Response Page will indicate how many references and will state what other conditions may apply to the references. Past performance with the City of Irving is a reference and if unfavorable, will deem the vendor as non-responsible and the vendor will not be considered for award. 11. Conflict of Interest Bidders should review the instructions on conflict of interest (Attachment C-1). Bidders are to complete and submit the Conflict of Interest form (Attachment C-2), when a conflict of interest exists. 12. Environmental Stewardship Bidders are encouraged to review the City’s commitment to the environment (Attachment E-1). Bidders are to complete and submit the Environmental Stewardship form (Attachment E-2). 13. Good Faith Effort Bidders are encouraged to review information on the City’s Good Faith Effort program (Attachment G-1). Bidders are to complete and submit the Good Faith Effort Affidavit (Attachment G-2). Recommended bidder(s) will be required to complete the additional GFE forms as part of the award process. 14. Addendums It is the bidder’s responsibility to alter his bid response based on information updated in one or more addendums to the solicitation. Addendums will be posted on the Purchasing solicitation page of the City’s website at least four days before the bid due date. Efforts will be made to ensure that bidders receive notice of addendums, but the ultimate responsibility rests with the bidder. 15. Exceptions If a bidder takes exception to any part of the specifications or solicitation documents, such exception must be requested in writing, to the Purchasing agent/manager listed in the solicitation, at least six business days before the bid due date or within 24 hours of a pre-bid meeting, whichever is earlier. Approved exceptions will be included in an addendum and posted on the Purchasing Solicitation page of the City’s website. 16. Checklist A Bidder’s Checklist (Attachment B-7) is included with the solicitation package. The checklist is an aid to the bidder in knowing which documents to submit. 17. Hot Line Vendors may call 888-223-9524 to anonymously report instances of fraud, waste or abuse. Please provide as many details as possible. 10 SPECIAL INSTRUCTIONS TO BIDDERS Attachment B-2 1. Bidding Process/Contact Information The City of Irving is aware of the time and effort bidders spend in preparing and submitting bids. We will work with you to make the process as easy as possible. If you have questions or concerns about the bidding process, please contact: Marsha Hughes, Purchasing Agent mhughes@cityofIrving.org 972.721.3754 2. Method of Award Award will be made in its entirety to the lowest responsive, responsible bidder. Bidders must complete all lines to be considered for award. The City reserves the right to award by whichever method is most favorable to the City, but will award to the lowest, responsive, responsible bidder no matter which method is used. Awards totaling $50,000 or more will be made by the Irving City Council. In determining the lowest responsive, responsible bidder, in addition to price, the recommendation may consider: 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 The ability, capacity, and skill of the bidder to perform the contract and provide the service required. Whether the bidder can perform the contract to provide the service or make delivery within the time specified, without delay or interference. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. The quality, workmanship, or performance of previous contracts or services. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services. The sufficiency of the financial resources and ability of a bidder to perform the contract or service. The quality, availability, and the adaptability of the supplies or contractual services to the particular use required. The ability of the bidder to provide future maintenance and services for the use of the subject of the contract. The number and scope of conditions attached to the bid. Prior experience or knowledge of the bidder concerning a particular field or piece of equipment. The safety record of the bidder. 3. Public Bid Opening A public bid opening will be held at 3:30 p.m. on Monday, April 20, 2015, in the Purchasing Conference Room, 835 W. Irving Blvd., Irving, TX 75060. 4. Pre-Bid Meeting A pre-bid meeting will be held on Thursday, April 9, 2015 at 10:00 a.m. and on Monday, April 13, 2015 at 2:00 p.m. at the Irving Arts Center Conference Room, 3333 N. 11 MacArthur, Irving, TX 75062. Attendance at one of these meetings is mandatory. Not attending one of the two meetings will result in a non-responsive bid. 5. Insurance Requirements This solicitation has insurance requirements. They are listed as Attachment D-3, D4, and D-6. Please review the requirements with your insurance agent and submit insurance affidavit (Attachment D-4) with your bid. 6. Bonding Requirements This solicitation has bonding requirements. They are listed as Attachment G-1, G-3, G-4, G-5, and G-6. Review the requirements with your surety agent and submit Notice of Intent to Bond or similar documentation from approved surety company indicating that your firm can acquire bonding upon award. A bid bond is required to be submitted with your bid. 7. Required Contract This solicitation requires a signed contract prior to award. City’s contract is attached and will be required from the awardee. 8. Bidding as an Agent Bidders on construction projects must be prepared for their firm to at least 60% of the work required to fill this contract. 9. Contractor’s Duties All work performed under this contract shall be performed in accordance with all provisions of these specifications and drawings. Any deviations from the specifications or plans must be approved in writing by the owner or his representative. The contractor shall be presumed to have made a reasonable inspection of the premises prior to the time of bidding and shall be held responsible for all information available through such inspection. The contractor shall immediately upon discovery, bring to the attention of the owner any conflicts which may occur among the various provisions of the specifications and plans. The owner shall resolve such conflicts and shall be responsible for any costs reasonable incurred by the contractor due to such conflict. Failure of the contractor to bring conflicts or exceptions to the attention of the owner shall allow the owner to require any changes deemed necessary before acceptance by the owner. 10. Delays The City shall not be liable to a Contractor for any claims based upon delay to the Contractor for any reason whatsoever including any act or neglect on the part of the City. 11. Final Payment Final payment will not be processed until the work is accepted by the City of Irving. 12. Partial Payments If a performance bond is posted, partial payments may be approved upon submission of evidence of materials on hand and percentage of work completed and verified by authorized City Personnel. However, a portion of each payment will be retained by the City until the project is completed and the City grants final payment. 12 13. Disposal of Refuse Contractor shall clean the site and dispose of all refuse at a Texas Commission on Environmental Quality (TCEQ) approved landfill other than the City of Irving Landfill. 14. Qualification of Bidders The City of Irving requires that a bidder shall be a specialist in this field and have the personnel, experience, skill, and the organization to provide the materials and labor necessary for the project. Contractor Qualification Statement, AIA Document A305, may be requested prior to award of contract. 15. Evidence of Qualifications Upon demand by the City, the bidder shall provide any additional information to substantiate qualifications. The information to be provided shall include but may not be limited to the following. Relevant Experience - This background information shall provide information concerning three comparable installations in the U.S. Provide name, owner, location, and the date of completion. Maintenance Program - This background information shall provide details about the existing repair work/remedial work program which the bidder presently staffs and which would enable the bidder to provide remedial work as may be required under the guarantee provided. Technical Resources - This background information shall outline the availability of personnel, equipment and materials required for the completion of this projection time. Other factors deemed to be relevant. Financial integrity of bidder. 16. Materials The materials specified have been determined to have characteristics appropriate for the purposes of this project. In the event that the clause "or equal" is not used in the specifications pertaining to the material or article, the use of an alternate article other than that specified must be submitted per the alternate checklist for the written approval of the owner or his representative not less than ten (10) working days before opening of the bid. If the product is acceptable, the City will approve it in an addendum issued to all prime bidders on record. The owner reserves the right to reject any or all bids. 17. Submittal of Plans & Specifications Before commencing work, the contractor shall submit for approval four copies of the complete information covering all materials and equipment that he proposed to furnish. Said submittals shall be accompanied by a letter of transmittal listing the information being submitted and identifying its compliance with the provisions of this specification. The contractor shall commence no work nor purchase any materials prior to the approval of the submittals except at the contractor’s risk. Approval of the submittals by the owner shall not be considered a waiver of any provisions of the specifications nor shall they be construed to permit a waiver from any of the performance criteria required at the final inspection. 18. Testing An independent testing Laboratory, employed and paid for by the City of Irving will perform the professional testing and laboratory services. Subsequent testing of substandard 13 materials shall be paid for by the contractor. Contractor shall coordinate all testing with the Laboratory and advise laboratory sufficiently in advance of construction to allow for required check tests to be scheduled. 19. Warranties Contractor shall supply a minimum of one year warranty on all labor and workmanship, execute and assemble documents from subcontractors, suppliers and manufacturers and submit said documents prior to final application for payment. All warranties shall commence with the final acceptance of the project by the Irving City Council. Any warranty for materials or equipment which is greater in length of time from the above shall be itemized on a warranty page and submitted prior to final payment. 20. Permits The City of Irving will require that all applicable permits be issued prior to commencement of any work. No City of Irving fee will be charged for City of Irving permits. 21. Bid Bond An acceptable bid bond, certified check or cashier's check (bid security) payable without recourse to the order of the City of Irving, Texas, in an amount not less than five percent of the amount of the bid must accompany each bid as guarantee that, if awarded the contract, the bidder will enter into a contract within ten (10) days of the presentation of such contract to the bidder by the City. The bid bond must be on a form acceptable to City and the bonding company supplying the bid bond must be authorized to do business in the State of Texas. The bid security submitted with each bid shall be considered as the amount of the liquidated damages which the City of Irving will sustain by the failure, neglect or refusal of the bidder to execute and deliver the agreement should the contract be awarded him. If the bidder defaults in executing the agreement within ten (10) days after presentation of the contract to him, the bid security shall become the property of the City of Irving. Bidder warrants that the bid he submits has been checked for mathematical correctness and same is correct. Bidder agrees that should he desire to withdraw his bid after bid opening because of a mathematical mistake that the City of Irving may retain the bid security as liquidated damages and not as penalty and the bidder hereby waives any legal defense available to bidder for such mistake. (i.e. unilateral mistake). The bid bond shall be retained by the City of Irving as liquidated damages in the event the successful bidder, after the award, fails to comply with the terms of this proposal. 14 CHECKLIST FOR BIDDERS Attachment B-7 ITB #139M-15F Facility Dimming System Upgrade for the Irving Arts Center Documents to be submitted in response to this Invitation to Bid (ITB) BID RESPONSE: Summary Response Page The Vendor Summary Page should be the first page in your bid response followed immediately with the pricing page(s). BID PRICING PAGES: All lines completed BID BOND (5% of the total amount bid) DUE DATE (Bid must be received & stamped in Purchasing no later than 3:30 pm on April 20, 2015) Bids failing to comply with the above will be deemed non-responsive. These items are also to be submitted with your bid FOUR ADDITIONAL COPIES OF BID REFERENCES (As requested on the Vendor Summary Page-past performance with the will be a reference and if unfavorable will deem the vendor’s bid non-responsive) City CONFLICT OF INTEREST STATEMENT (If applicable) (Attachment C-2) INSURANCE AFFIDAVIT (Attachment D-4 signed by insurance agent) SIGNED INDEMNIFICATION BY CONTRACTOR FORM (Attachment D-6) ENVIRONMENTAL STEWARDSHIP (Attachment E-2) GOOD FAITH EFFORT AFFIDAVIT (Attachment F-2) BONDING AFFIDAVIT (Attachment G-3 signed by surety company) _______ IRS FORM W-9 Documents to be submitted if you are awarded this bid FOUR SETS OF WET INK SIGNED NCLC CONSTRUCTION CONTRACTS INSURANCE CERTIFICATE (ACCORD form showing required proof of insurance coverages with City named Additional Insured on all liabilities – refer to attachment D-3 for instructions) COMMERCIAL GENERAL LIABILITY ENDORSEMENT CITY OF IRVING PAYMENT, PERFORMANCE, AND MAINTENANCE BONDS (Attachments G-4, G-5, and G-6) Must use City of Irving bond forms. 15 Location of City of Irving Purchasing Division Attachment B-5 (rev. 2/19/14) 16 CITY OF IRVING ITB#139M-15F Facility Dimming System Upgrade for the Irving Arts Center SUMMARY RESPONSE PAGE COMPLETE LEGAL NAME of firm submitting bid: ___________________________________________________________________ Mailing Address: City, State, & Zip: Phone: ___________________ E-mail Contact: _________________________________ GRAND TOTAL of bid from Bid Pricing Page $ Authorized Signature __________________________________________________ Signature indicates bidder accepts the specifications, terms and conditions of this solicitation and that bidder is not delinquent on any payment due the City nor involved in any lawsuit against the City. Print Name_____________________________________ Title ARE YOU BIDDING as a ________Corporation ___________ Limited Liability Company _________ Individual or Sole Proprietor ___________ Non-Profit Corporation ___________ Partnership M/WBE: If you are a minority-owned or woman-owned business, please check which type and list any certification number _____Black _____Hispanic _____Asia-India _____Asia-Pacific ____Native American _____ Woman-Owned Certification # ____________________ PAYMENT PREFERENCE: Check all that apply: _____EBT (electronic bank transfer) ______Check ______Credit card A current W-9 must be submitted by vendors receiving an initial award from the City of Irving. COOPERATIVE PURCHASES: Should other governmental entities decide to participate in this contract, would you agree that all terms, conditions, specifications and pricing would apply? Yes________ No ________. If other governmental entities choose to participate, each entity will place its own order and be responsible for its own payments. REFERENCES: This solicitation requires references. Please attach a list of three references either currently doing business with you or have purchased goods or services from you within the past 24 months. For each reference list name, contact person, address, telephone, and e-mail address. The City may utilize other available information in gaining a comprehensive overview of the bidder’s qualifications and record of performance. Past performance with the City of Irving is a reference and if unfavorable, will deem the vendor as non-responsible and the vendor will not be considered for award. 17 INSTRUCTIONS for CONFLICT OF INTEREST QUESTIONNAIRE Attachment C-1 1. If you have a conflict of interest in doing business with the City of Irving, use Attachment C-2, Conflict of Interest questionnaire Conflicts of interest are addressed in Texas Local Government Code, Chapter 176. 2. You may consult your attorney on questions arising from the reading of Texas Local Government Code, Chapter 176, and you may contact the Texas Ethics Commission at 512-463-5800 or 800-325-8506. 3. If you complete Attachment C-2, Conflict of Interest questionnaire: Put the name of bidder and name of company in block #1. If any person employed by bidder or bidder’s company has any known business conflicts, other than previous contracts awarded through a competitive bidding process, or has an existing relationship with any employee of the City of Irving, list that information in blocks No. 3, #4 and/or #5 as appropriate. Sign in block #6. 4. COI form is good for one year, and must be re-filed if conflict still exists. 5. Listings of City elected officials and local government officers may be found on the City’s website: www.cityofIrving.org. 6. A person failing to file a Conflict of Interest questionnaire, when required by Local Government Code, Chapter 176, commits a Class C misdemeanor. 18 Attachment C-2 FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. OFFICE USE ONLY Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 2 Name of person doing business with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Adopted 01/13/2006 19 CONFLICT OF INTEREST QUESTIONNAIRE FORM For vendor or other person doing business with local governmental entity 5 CIQ Page 2 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES. This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or other relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict. 7 ____________________________________________________ Signature of person doing business with the governmental entity ___________________ Date Adopted 01/13/2006 ITB #139M-15F Printed Name of Bidder_________________________________ 20 Federal Debarment Certification Attachment C-3 Under Executive Order 12549, bidders and proposers must complete the following certification in order to receive a contract or award in which Federal dollars are utilized. Bidders or proposers who are debarred or suspended by the Federal government are ineligible to receive award. City of Irving staff will verify accuracy of this certification. PLEASE CHECK APPROPRIATE SPACES: To the best of my knowledge and belief, (1) The bidder/proposer and/or any of its principals (check one) are or not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and are (2) The bidder/proposer and/or any of its principals (check one) have or have not within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for; commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of proposers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (check one) are or are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses. Company Name Signature Title Date 21 PREVAILING WAGES RATE FOR ENGINEERING (HIGHWAY/HEAVY AND PAVING AND UTILITIES) CONSTRUCTION Attachment C-5 The minimum wage rate schedule as adopted by the Irving City Council (council resolution no. 5-24-07-192) and contained in the Specifications and Contract Documents shall be the prevailing minimum wage rate schedule for all work to be performed in this contract. The Contractor and Sub-Contractors shall conform to the minimum wage rate schedule as specified herein. CLASSIFICATION PREVAILING RATE AIR TOOL OPERATOR .................................................................................................................. 10.06 ASPHALT DISTRIBUTOR OPERATOR ........................................................................................ 13.99 ASPHALT PAVING MACHINE OPERATOR .................................................................................. 12.78 ASPHALT RAKER .......................................................................................................................... 11.01 ASPHALT SHOVELER ..................................................................................................................... 8.80 BATCHING PLANT WEIGHER ...................................................................................................... 14.15 BROOM OR SWEEPER OPERATOR ............................................................................................. 9.88 BULLDOZER OPERATOR ............................................................................................................. 13.22 CARPENTER.................................................................................................................................. 12.80 CONCRETE FINISHER, PAVING .................................................................................................. 12.85 CONCRETE FINISHER, STRUCTURES ....................................................................................... 13.27 CONCRETE PAVING CURBING MACHINE OPERATOR ............................................................ 12.00 CONCRETE PAVING FINISHING MACHING OPERATOR .......................................................... 13.63 CONCRETE PAVING JOINT SEALER OPERATOR ..................................................................... 12.50 CONCRETE PAVING SAW OPERATOR ...................................................................................... 13.56 CONCRETE PAVING SPREADER OPERATOR ........................................................................... 14.50 CONCRETE RUBBER ................................................................................................................... 10.61 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL, OPERATOR .................. 14.12 ELECTRICIAN ................................................................................................................................ 18.12 FLAGGER ......................................................................................................................................... 8.43 FORM BUILDER/SETTER, STRUCTURES .................................................................................. 11.63 FORM SETTER, PAVING & CURB................................................................................................ 11.83 FOUNDATION DRILL OPERATOR, CRAWLER MOUNTED ........................................................ 13.67 FOUNDATION DRILL OPERATOR, TRUCK MOUNTED.............................................................. 16.30 FRONT END LOADER OPERATOR.............................................................................................. 12.62 LABORER, COMMON ...................................................................................................................... 9.18 LABORER, UTILITY ....................................................................................................................... 10.65 MECHANIC ..................................................................................................................................... 16.97 MILLING MACHINE OPERATOR, FINE GRADE .......................................................................... 11.83 MIXER OPERATOR ....................................................................................................................... 11.58 MOTOR GRADER OPERATOR, FINE GRADE ............................................................................ 15.20 MOTOR GRADER OPERATOR, ROUGH ..................................................................................... 14.50 OILER ............................................................................................................................................. 14.98 PAINTER, STRUCTURES ............................................................................................................. 13.17 PAVEMENT MARKING MACHINE OPERATOR ........................................................................... 10.04 PIPELAYER .................................................................................................................................... 11.04 REINFORCING STEEL SETTER, PAVING ................................................................................... 14.86 REINFORCING STEEL SETTER, STRUCTURE .......................................................................... 16.29 ROLLER OPERATOR, PNEUMATIC, SELF-PROPELLED ........................................................... 11.07 ROLLER OPERATOR, STEEL WHEEL, FLAT WHEEL/TAMPING .............................................. 10.92 22 PREVAILING WAGE RATES FOR ENGINEERING PAGE 2 ROLLER OPERATOR, STEEL WHEEL, PLANT MIX PAVEMENT ............................................... 11.28 SCRAPER OPERATOR ................................................................................................................. 11.42 SERVICER ..................................................................................................................................... 12.32 SLIP FORM MACHINE OPERATOR ............................................................................................. 12.33 SPREADER BOX OPERATOR ...................................................................................................... 10.92 TRACTOR OPERATOR, CRAWLER TYPE .................................................................................. 12.60 TRACTOR OPERATOR, PNEUMATIC .......................................................................................... 12.91 TRAVELING MIXER OPERATOR.................................................................................................. 12.03 TRUCK DRIVER, LOWBOY-FLOAT .............................................................................................. 14.93 TRUCK DRIVER, SINGLE AXLE, HEAVY ..................................................................................... 11.47 TRUCK DRIVER, SINGLE AXLE, LIGHT ...................................................................................... 10.91 TRUCK DRIVER, TANDEM AXLE, SEMI-TRAILER ...................................................................... 11.75 TRUCK DRIVER, TRANSIT-MIX.................................................................................................... 12.08 WAGON DRILL, BORING MACHINE, POST HOLE DRILLER OPERATOR ................................ 14.00 WELDER ........................................................................................................................................ 13.57 WORK ZONE BARRICADE SERVICER ........................................................................................ 10.09 APPRENTICES' PAY - ALL TRADES AND CRAFTS: The minimum rate for apprentices shall be in accordance with the scale determined by an approved apprenticeship program or $1.00 per hour less than journeyman's rates, whichever is lower. An approved apprenticeship program is one approved by the U. S. Department of Labor Bureau of Apprenticeship Training, and only apprentices enrolled in an approved program may be paid apprenticeship rates. BASE PER DIEM RATE: Hours worked per day times base hourly rate. MULTIPLIERS FOR OVER TIME RATES: 1. Overtime rate: Base hourly rate times 1.5 2. Holidays recognized by City of Irving: Base hourly rate times 1.5 APPRENTICES' PAY - ALL TRADES AND CRAFTS: Prevailing wage rates for Dallas County, Texas per the U.S. Department of Labor as of February 9, 2007. 23 INSURANCE REQUIREMENTS FOR CONSTRUCTION SERVICES Attachment D-3 At his own expense, contractor shall procure and maintain for the duration of the proposed contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the work hereunder by the contractor, his agents, representatives, employees, or subcontractors. Said insurance shall be in the type(s) and minimum(s) listed below. Workers’ Compensation and Employers’ Liability Workers’ Compensation Insurance with statutory limits as required by the Labor Code of the State of Texas and Employers’ Liability Insurance with minimum limits of $100,000 per each accident, $500,000 disease policy limit, and $100,000 occupational disease per employee. Workers’ Compensation coverage shall be based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements which meet the statutory requirements of the Texas Labor Code and shall apply to all employees of the contractor providing services under the proposed contract. Commercial General Liability Insurance Commercial General Liability minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, and property damage. Aggregate Policy minimum limit of $1,000,000 will include coverage for, but is not limited to, Premises-Operations, Broad Form Contractual Liability, Broad Form Property Damage, Products and Completed Operations, Personal Injury, Independent Contractors and Contractual Liability, Use of Contractors and Subcontractors, and Explosion Collapse and Underground (XCU) Coverage as applicable. An aggregate loss limit per project endorsement will also be required. Coverage under this policy shall be on an “occurrence” basis. The Commercial General Liability (Public) insurance policy shall include an endorsement "Amendment Aggregate Limit of Insurance per Project". The endorsement shall preserve the entire aggregate required in the Commercial General Liability (Public) insurance policy for the exclusive use in this contract. As an alternative to the endorsement, the contractor can purchase an Owner's and Contractor's Protective Liability Insurance policy for the project. The Commercial General Liability (Public) insurance policy shall be on an "Occurrence" basis. The Contractor shall be required to have additional insurance for all work performed within railroad R.O.W. as required by the owner of such R.O.W. and said insurance shall be in addition to the insurance amount required in sub-paragraph (A). Business Automobile Liability Insurance Automobile Liability Insurance with a coverage minimum of $1,000,000 Combined Single Limit. Coverage shall include all owned, hired, and non-owned vehicles used in performance of the proposed contract. The combined coverage limits of this insurance shall include bodily injury (including death) and property damage. Builders Risk Builders Risk Insurance for structures being erected which cover such items as equipment, supplies, and materials used by contractor at each building and/or structure under construction as stipulated in the contract. Coverage under this policy shall be on an all-risk basis. City of Irving shall be shown as loss payee on a completed value form with insurance coverage equal to the completed value of the structure. 24 By submitting a bid or proposal without previously approved exceptions, contractor agrees to the following general provisions. Requests for exceptions to general provisions and/or coverages must be submitted at least one week prior to bid due date. Exceptions must be approved in writing by City’s representative prior to bid or proposal submission. The City will not accept requests for exceptions after bids have been received. General Provisions 1. SCOPE – These provisions apply to all contracted vendors unless specifically exempted in the proposed contract. Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whose claim is made, or suit is brought, except to the limits of the insured’s liability. 2. COVERAGE APPLICATION – Contractor’s insurance must be primary as respect to the City, its officers, employees, elected officials, appointees, and volunteers and noncontributory with any other insurance, including self-insurance, maintained by the City for its benefit. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City. 3. DEDUCTIBLES AND SELF-INSURED RETENTIONS – Any deductibles or self-insured retentions must be disclosed to the City. The City reserves the right to review the insurance obtained by the contractor, in comparison to the requirements specified in this section. 4. ADDITIONAL INSURED – The City of Irving, including its officers, officials, employees, Boards and Commissions, and volunteers shall be named as an additional insured by endorsement to the coverage listed herein, excluding Workers’ Compensation and Employers’ Liability (for which a waiver of subrogation is required to be issued in favor of the City), with regard to the insured’s activities as required by written contract. The coverage shall contain no special limitations on the scope of protection afforded to the City, and all premiums arising from the coverage herein shall be the responsibility of the insured. 5. COVERAGE CONTINUATION AND CANCELLATION -- In the event any insurance policy shown on the certificate(s) of insurance has an expiration date prior to the completion of the contract, the contractor shall furnish the City proof of identical continued coverage no later than thirty days prior to the expiration date shown on the certificate. Failure to maintain continuous coverage during the term of the proposed contract, or failure to provide proof of coverage at any time during the term of the contract, may result in cessation of work and/or termination of the contract. Coverage shall not be canceled, non-renewed, or materially altered except after thirty days prior written notice by certified mail (return receipt requested) to Purchasing Manager, 845 W. Irving Blvd., Irving, Texas 75060. 6. SUBROGATION – Contractor must waive all rights of subrogation against the City of Irving for bodily injury (including death), property damage, or any other loss arising from work performed by the vendor for the City. 7. SUBCONTRACTORS – Without limiting any of the other obligations or liabilities of the contractor, the contractor shall require each subcontractor performing work under the proposed contract to maintain, during the term of the contract, levels of insurance that are necessary and appropriate for the services being provided, comply with all applicable laws, and are consistent with industry standards. The subcontractor’s liability insurance shall name the Contractor and City as additional insured. The Contractor shall obtain and monitor the certificates of insurance from each subcontractor. The Contractor must retain the certificates of insurance for the duration of the contract and shall have the responsibility of enforcing insurance requirements among its subcontractors. The City shall be entitled, upon request and without expense, to receive copies of these certificates. 25 8. RESPONSIBILITY – Approval, disapproval, or failure to act by the City regarding any insurance supplied by the contractor or its subcontractors shall not relieve the contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. 9. ACCEPTABILITY – The City retains the right to approve the acceptability of insurers. As a general rule, the City will accept insurers authorized to transact business in the State of Texas with an A. M. Best rating of “A- VI “or better. 10. PAYMENT OF PREMIUMS – Companies issuing insurance policies shall have no recourse against the City for payment of any premiums or assessments for any deductibles which are the sole responsibility and liability of the contractor. 11. INDEMNIFICATION – The contractor agrees to defend, indemnify, and hold harmless the City of Irving, its officers, agents, employees, appointees, and volunteers against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage, or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by contractor’s breach of any of the terms or provisions of this contract, or by any negligent or strictly liable act or omission of contractor, its officers, agents, employees, or subcontractors, in the performance of this contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents, or employees, and in the event of joint and concurrent negligence or fault of contractor and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Proof of Insurance 1. To show ability to meet these insurance requirements, bidders should submit insurance affidavit (Attachment D-4) as part of their response to this solicitation. 2. Upon notice of award, awarded contractor must submit to the City of Irving, within fourteen calendar days, proof of all insurance coverages required by this solicitation. 3. Proof of insurance shall be furnished to the City on the ACORD certificate form, provided the appropriate endorsements for Additional Insured, Amendment of Aggregate Limits per Project and Amendment of Cancellation with 30-day notice are included. 4. The contractor must provide copy of the Declaration Page of the policy with all relevant policy endorsements, including endorsement showing City of Irving as Additional Insured, within fourteen calendar days of request. Copy must be signed by the contractor and notarized. 5. Required proof of insurance must be provided by awarded contractor before the City will authorize any work to be performed under this proposed contract. 6. The City reserves the right to request a complete copy of all insurance policies at any time. 26 AFFIDAVIT FOR INSURANCE REQUIREMENTS Attachment D-4 To Be Completed By Insurance Agent/Broker and Bidder Section 1 I, the undersigned Agent/Broker, reviewed the insurance requirements contained in Solicitation #139M-15F. If the Bidder listed below is awarded a contract by the City of Irving for this solicitation, I will furnish the City, within fifteen calendar days of notification of award, an insurance certificate and Declaration Page with Endorsements to show that all insurance requirements have been met, including naming the City of Irving as additional insured. Agent’s Name: Agency Name: Address: City/State/ZIP: Telephone No: ( ) ___________ E-mail Address: __________________________ Bidder’s Name/Company: Name of ITB: Facility Dimming System Upgrade for the Irving Arts Center Insurance Agent/Broker Signature: ___________________________ Date: ___________ Section 2 If the above fifteen day requirement is not met, the City of Irving has the right to reject this bid and award the contract to the next lowest bidder meeting specifications or to the next most favorable proposal. Questions concerning these requirements, and requests for exceptions, must be submitted by date included in Bidders Instructions. By submitting a bid and signing below I affirm the following: I am aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements and policy endorsement within fifteen calendar days of notification of award. I further agree to the indemnification statement listed in the insurance requirements. Signature: ______________________________________ Date: ____________________ 27 INDEMNIFICATION BY CONTRACTOR Attachment D-6 The contractor agrees to defend, indemnify, and hold harmless the City of Irving, its officers, agents, employees, appointees and volunteers against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by contractor’s breach of any of the terms or provisions of this contract, or by any negligent or strictly liable act or omission of contractor, its officers, agents, employees, or subcontractors, in the performance of this contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents or employees, and in the event of joint and concurrent negligence or fault of contractor and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. The liability that is assumed by Contractor under the terms of this paragraph shall not exceed the sum of the required amount of liability coverage to be carried by the Contractor under this contract,. CONTRACTOR (Company Name) _________________________________________ SIGNATURE __________________________________________________________ PRINTED NAME _______________________________________________________ PRINTED TITLE _______________________________________________________ 28 ENVIRONMENTAL COMMITMENT & COMPLIANCE Attachment E-1 In January, 2009, the Irving City Council adopted an environmental policy, acknowledging that it is our financial, social, and environmental responsibility to our citizens to ensure a greater future for Irving and its residents. The City of Irving is committed to becoming an environmentally sustainable community by providing leadership to conserve, protect, and improve the environment for the benefit of our citizens. The City will integrate sustainable social, economic and environmental objectives into decision-making processes to maintain high standards of living, social harmony, and environmental quality. Because the City of Irving is committed to protecting the environment and becoming a successful environmentally sustainable community, it is essential that environmental considerations be a part of all City activities and operations. This commitment is demonstrated through; Compliance Environmental Sustainability Continued Improvement Pollution Prevention As a contactor/vendor/consultant for the City of Irving your environmental performance is critical in meeting the City’s commitment to protect the environment and comply with all environmental laws and regulations. It is your responsibility as a contractor to know which of the many laws, ordinances, and regulations relating to the protection of the environment relate to the work you are doing for the City of Irving. It is also your responsibility as a contractor to comply with all applicable laws and ensure all requirements imposed by these laws are met The City of Irving has is committed to being a good steward of the environment. We expect your commitment, as a City contractor, vendor, or consultant, to the same goal. Current information about the City’s various green initiatives may be found on the City’s website at http://www.cityofIrving.org/begreen. 29 ENVIRONMENTAL STEWARDSHIP Attachment E-2 Recognizing the importance of exercising positive environmental stewardship, The City of Irving is pro-active in encouraging environmentally-sound practices in our operations and among our residents, businesses, and suppliers. Please review the specifications or scope of work for this solicitation for any environmental requirements. Check any of the following which apply to your business operation, and list details: _____ Recycling _____ Energy Efficiency Practices _____ Environmentally Preferred _____ Water/Energy Conservation _____ Air Quality/Emissions _____ Disposal Practices _____ Other Environmentally Friendly Practices Bidder: ITB #139M-15F Date 30 GOOD FAITH EFFORT PROGRAM OVERVIEW Attachment F-1 All bid documents and proposal packages must include the signed GFE affidavit affirming the bidder/proposer’s intent to comply with the City’s Good Faith Effort program. Unless otherwise indicated in the ITB documents, no other GFE documentation will be required at time of bid or submission. Upon notification of intent to recommend award of contract, the apparent low bidder/most advantageous proposer has up to five (5) business days to submit the appropriate GFE forms to the City’s M/WBE Program Administrator. Required GFE forms must be submitted prior to award by City Council. The GFE forms are: GFE-1 GFE-2 GFE-3 GFE-4 GFE-5 Good Faith Effort Affidavit (included as Attachment F-2) Schedule of M/WBE Participation Good Faith Effort Log Intent to Perform as a Sub-Contractor Payment Report NOTE: Forms GFE-2 thru GFE-5 are available on the City’s website in the Purchasing section, under “Forms.” 1. All bidders or proposers must submit form GFE-1, Good Faith Effort Affidavit. 2. Prime contractors who are tentatively recommended for award and who will meet or exceed the GFE goal must submit the following additional forms: GFE-2 Schedule of M/WBE Participation GFE-4 Intent to Perform as Sub-Contractor (one for each sub-contractor) 3. Prime contractors who are tentatively recommended for award and who will NOT meet or exceed the GFE goal must submit the following form: GFE-3 Good Faith Effort Log In addition, if the contractor has partial participation toward the goal, the following forms are also submitted: GFE-2 Schedule of M/WBE Participation GFE-4 Intent to Perform as Sub-Contractor (one for each sub-contractor) 4. The awarded contractor will submit the following form monthly to verify that the sub-contracting work is being done as agreed upon: GFE-5 Payment Report For any GFE communication: Call 972-721-3753 or 972-721-2631 31 GOOD FAITH EFFORT AFFIDAVIT Attachment F-2 On January 11, 2007, the Irving City Council adopted a policy to equitably and conscientiously include Minority- and Women-owned Business Enterprises (M/WBE’s) in the City procurement process for all basic goods, services, professional services, and construction solicitations. The City and its contractors shall not discriminate on the basis of race, color, religion, national origin, or sex in the award and performance of contracts. In consideration of this policy, the City of Irving has implemented the Good Faith Effort (GFE) Program. M/WBE Participation Goals The GFE Plan establishes subcontracting goals for all prospective bidders, proposers, and submitters to ensure a reasonable degree of M/WBE participation in City contracts. It is the goal of the City of Irving that a certain percentage of work under each contract be executed by one or more M/WBEs. The following M/WBE participation goals have been established without consideration for a specific ethnicity or gender: Construction 20.00% Professional Services 20.00% Architectural & Engineering 5.00% Other Services 5.00% Goods 50.00% The apparent low bidder/most advantageous proposer shall agree to meet the established goals or must demonstrate and document a “good faith effort” to include M/WBEs in subcontracting opportunities. The apparent low bidder/most advantageous proposer who fails to adequately document good faith efforts to subcontract or purchase significant material supplies from M/WBEs may be denied award of the contract by the City based on the contractor’s failure to be a “responsive” proposer or bidder. By signing below, I agree to provide the City of Irving with a completed copy of all forms required by Good Faith Effort Program. I understand that if I fail to provide all of the required documents within five (5) business days after notification, my bid or proposal may be deemed “non-responsive” and I may be denied award of the contract. Solicitation: #139M-15F Date _____________________________ Name of Company ____________________________________________________________________ _________________________________________ ____________________________________ Printed Name of Certifying Official of Company Title ___________________________________ Signature of Certifying Official of Company ______________________________ Phone Number Form GFE-1 32 BID BOND for CONSTRUCTION Attachment G-1 An acceptable bid bond, certified check or cashier's check (bid security) payable without recourse to the order of the City of Irving, Texas, in an amount not less than five percent of the amount of the bid must accompany each bid as a guarantee that, if awarded the contract, the bidder will enter into a contract within ten (10) days of the presentation of such contract to the bidder by the City. The bid bond must be on a form acceptable to City and the bonding company supplying the bid bond must be authorized to do business in the State of Texas. Bond rating must be A- or better. The bid security submitted with each bid shall be considered as the amount of the liquidated damages which the City of Irving will sustain by the failure, neglect or refusal of the bidder to execute and deliver the agreement should the contract be awarded him. If the bidder defaults in executing the agreement within ten (10) days after presentation of the contract to him, the bid security shall become the property of the City of Irving. Bidder warrants that the bid he submits has been checked for mathematical correctness and same is correct. Bidder agrees that should he desire to withdraw his bid after bid opening because of a mathematical mistake that the City of Irving may retain the bid security as liquidated damages and not as penalty, and the bidder hereby waives any legal defense available to bidder for such mistake. (i.e. unilateral mistake). The bid bond shall be retained by the City of Irving as liquidated damages in the event the successful bidder, after the award, fails to comply with the terms of this solicitation. 33 BONDING REQUIREMENTS for CONSTRUCTION Attachment G-3 Performance and Payment Bonds Within 15 days of the award of this bid, the successful bidder will be required to post Performance & Payment Bonds in the aggregate amount of $100,000.00 for the duration of this contract, and the cost of such bonds must be absorbed by the bidder. Bonding must be made by a bonding company authorized to do business in the State of Texas, on the Treasury Department’s list of approved sureties, using the City of Irving’s bonding form(s), and having a designated Resident Agent residing in Dallas County, Texas. Bond rating must be A- or better. PLEASE COMPLETE THE FOLLOWING 1. Complete legal name of bidder’s business _____________________________________________ 2. Surety company’s legal name (must be an insurance company, not an insurance agent) This is company providing performance and payment bonds for bidder. _______________________________________________________________________________ 3. Surety’s address _________________________________________________________________ _______________________________________________________________________________ 4. Surety’s state of incorporation _______________________________________________________ 5. Name of Attorney-in-Fact for the Surety Company. ___________________________________________________________________________ 6. Name and address of the Resident Agent of the Surety Company in Dallas County, Texas (This name must be the name of a person residing in Dallas County, Texas and the address must be a street address and not a Post Office box number.) AFFIDAVIT SUBMIT THIS COMPLETED PAGE SIGNED BY YOUR SURETY COMPANY (OR SIMILAR STATEMENT SIGNED BY YOUR SURETY COMPANY) AND TURN IN WITH BID OR PROPOSAL Notice of Intent to Bond or similar documentation from approved surety company indicating that bidder can acquire bonding upon award. Surety Company Signature: ____________________________ Date: ___________ 34 PERFORMANCE BOND Attachment G-4 BOND No. STATE OF TEXAS COUNTY OF DALLAS } } KNOW ALL MEN BY THESE PRESENTS: That ________________________________________ (contractor’s company) of the City of ___________________ County of _____________________, and the State of ____________________, as principal and __________________________________________ (surety company) authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bond unto City of Irving (Owner), in the penal sum of ________________________________________________Dollars ($________________________________) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, for the _________________________________________________________________________ (name of project) which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, 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 Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein.” Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bonds, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this __________________ day of ___________________________ 20_________. Principal Surety By By Title Title______________________ Address Address The name and address of the Resident Agent of Surety is: _________________________________________________________________________________ __________________________________________________________________________________ 35 PAYMENT BOND Attachment G-5 BOND No. STATE OF TEXAS COUNTY OF DALLAS } } KNOW ALL MEN BY THESE PRESENTS: That ________________________________________ (contractor’s company) of the City of __________________ County of ______________________, and the State of ____________________, as principal, and _________________________________________ (surety company) authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bond unto the City of Irving (Owner), in the penal sum of ____________________________Dollars ($___________________________) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, for the _________________________________________________________________________ (name of project) which contract is hereby referred to and made 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 Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein.” Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this __________________ day of ___________________________ 20_________. Principal Surety By By Title Title Address Address The name and address of the Resident Agent of Surety is: _________________________________ ____________________________________________________________________________________ _____________________________________________________________________________________ 36 MAINTENANCE BOND Attachment G-6 STATE OF TEXAS § COUNTY OF § KNOW ALL MEN BY THESE PRESENTS: THAT ________________________________________________________________, as Principal and _______________________________________________________________________________, a corporation organized under the laws of __________________________________________________, as Sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Irving, a municipal corporation, chartered by virtue of a special act of legislature of the State of Texas, at Irving, Dallas County, Texas the sum of _____________________________ dollars ($______________), for the payment of which sum will truly be made unto said City of Irving, and its successors, and said Principal and Sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said has this day entered into a written contract with the said City of Irving to build and construct ________________________________________, which contract and the plans and specifications therein mentioned, adopted by the City of Irving are hereby expressly made a part thereof as though the same were written embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairing and/or reconstructing in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and Sureties on this obligation, and the said Contractor Sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day’s failure on its part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by said Contractor in the performance of its contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of Irving shall have and recover from the said Contractor and its Principal and Sureties damages in the premises, as provided; and it is further agreed 37 that this obligation shall be continuing one against the Principal and Sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, said ___________________________________________________ has caused these presents to be executed by _____________________________________________ and the said has caused these presents to be executed by its attorney in fact and the said attorney in fact, day of , has hereunto set his hand, the , 2______. Principal Surety By By Title Title Address Address The name and address of the Resident Agent of Surety is: NOTE: Date of Maintenance Bond must not be prior to date of the contract. 38 NATIONAL CONSTRUCTION LAW CENTER, INC. STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR NCLC DOCUMENT I 1992 EDITION (City of Irving Revisions 7/94, 1/99, 4/02) Attachment H-6 STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR This Agreement is made by and between the City of Irving, Texas, a home-rule municipality (hereinafter referred to as the "Owner") and Contractor (hereinafter referred to as the "Contractor") under seal for construction of Facility Dimming System Upgrade at Irving Arts Center ITB #139M-15F (hereinafter referred to as the "Project"), the Owner and the Contractor hereby agreeing as follows: NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 39 ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 1.1 THE CONTRACT 1.1.1 The Contract between the Owner and the Contractor, of which this Agreement is a part, consists of the Contract Documents. It shall be effective on the date this Agreement is executed by the last party to execute it. 1.2. THE CONTRACT DOCUMENTS 1.2.1 The Contract Documents consist of this Agreement, the Requirements and Instructions to Bidders, the Project Manual, the Specifications, the Drawings, all Change Orders and Field Orders issued hereafter, any other amendments hereto executed by the parties hereafter, together with the following (if any): Documents not enumerated in this Paragraph 1.2.1 are not Contract Documents and do not form part of this Contract. 1.3 ENTIRE AGREEMENT 1.3.1 This Contract, together with the Contractor's performance and payment bonds for the Project, constitute the entire and exclusive agreement between the Owner and the Contractor with reference to the Project. Specifically, but without limitation, this Contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the Owner and Contractor. 1.4 NO PRIVITY WITH OTHERS 1.4.1 Nothing contained in this Contract shall create, or be interpreted to create, privity or any other contractual agreement between the Owner and any person or entity other than the Contractor. 1.5 INTENT AND INTERPRETATION 1.5.1 The intent of this Contract is to require complete, correct and timely execution of the Work. Any Work that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price. 1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract. 1.5.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed, first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. 1.5.4 The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation". 1.5.4.1 The term "product" includes materials, systems, and equipment. 1.5.4.2 The term "furnish" means supply and deliver to the Project Site, ready for unloading, unpacking, assembly, installation, and similar operations. 1.5.4.3 The term "install" describes operations at the Project Site including the actual unloading, temporary storage, unpacking, assembly, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 40 1.5.4.4 The term "provide" means to furnish and install, complete and ready for the intended use. 1.5.4.5 Sections of Division 1 - General Requirements govern the execution of all sections of the specifications. 1.5.4.6 Summary paragraphs placed at the beginning of the Sections present a brief indication of the principal Work included in that Section, but do not limit Work to subject mentioned nor purport to itemize Work that may be included. 1.5.4.7 The words "approved", "inspected", "directed", "selected" and similar words and phrases shall be presumed to be followed by "by Architect". The words "satisfactory", "submitted", "reported", and similar words and phrases shall be presumed to be followed by "to Architect". 1.5.4.8 Instructions, directions and requirements as specified shall be considered to be followed by the phrase "unless otherwise specified or indicated” 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract. 1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 1.5.7 The Contractor shall have a continuing duty to read, carefully study and compare each of the Contract Documents, the Shop Drawings and the Product Data and shall give written notice to the Owner of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or the express or implied approval by the Owner or the Architect of the Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The Owner has requested the Architect to only prepare documents for the Project, including the Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representation or warranties by the Owner concerning such documents as no such representation or warranties have been or are hereby made. 1.5.8 As between numbers and scaled measurements on the Drawings and in the Design, the numbers shall govern, as between larger scale and smaller scale drawings, the larger scale shall govern. 1.5.9 Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors. 1.6 OWNERSHIP OF CONTRACT DOCUMENTS 1.6.1 The Contract Documents, and each of them, shall remain the property of the Owner. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; provided, however, that in no event shall Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the Owner's prior written authorization. NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 41 ARTICLE II THE WORK 2.1 Contract. The Contractor shall perform all of the Work required, implied or reasonably inferable from, this 2.2 The term "Work" shall mean whatever is done by or required of the Contractor to perform and complete its duties under this Contract, including the following: construction of the whole or a designated part of the Project; furnishing of any required surety bonds and insurance, and the provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, permits and licenses required of the Contractor, fuel, heat, light, cooling and all other utilities as required by this Contract. The Work to be performed by the Contractor is generally described as follows: Facility Dimming System Upgrade for the Irving Arts Center ITB# 139M-15F ARTICLE III CONTRACT TIME 3.1 TIME AND LIQUIDATED DAMAGES 3.1.1 The Contractor shall commence the Work within 10 days of receipt of a written Notice to Proceed, and shall achieve Substantial Completion of the Work no later than ________14_______ calendar days. The number of calendar days from the date on which the Work is permitted to proceed, through the date set forth for Substantial Completion, shall constitute the "Contract Time". 3.1.2 The Contractor shall pay the Owner the sum of $500.00 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays if and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 3.2 SUBSTANTIAL COMPLETION 3.2.1 "Substantial Completion" shall mean that stage in the progression of the Work when the Work is sufficiently complete in accordance with this Contract that the Owner can enjoy beneficial use or occupancy of the Work and can utilize the Work for its intended purpose. 3.3 TIME IS OF THE ESSENCE 3.3.1 All limitations of time set forth in the Contract Documents are of the essence of this Contract. NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 42 ARTICLE IV CONTRACT PRICE 4.1 THE CONTRACT PRICE 4.1.1 The Owner shall pay, and the Contractor shall accept, as full and complete payment for all of the Work required herein, the fixed sum of $«AwardAmount». The sum set forth in this Paragraph 4.1 shall constitute the Contract Price which shall not be modified except by Change Order as provided in this Contract. ARTICLE V PAYMENT OF THE CONTRACT PRICE 5.1 SCHEDULE OF VALUES 5.1.1 Within ten (10) calendar days of the effective date hereof, the Contractor shall submit to the Owner and to the Architect a Schedule of Values in accordance with Section 01200 – Price and Payment Procedures allocating the Contract Price to the various portions of the Work. The Contractor's Schedule of Values shall be prepared in such form, with such detail, and supported by such data as the Architect or the Owner may require to substantiate its accuracy. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. The violation of this provision by the Contractor shall constitute a material breach of this Contract. The Schedule of Values shall be used only as a basis for the Contractor's Applications for Payment and shall only constitute such basis after it has been acknowledged in writing by the Architect and the Owner. 5.2 PAYMENT PROCEDURE 5.2.1 The Owner shall pay the Contract Price to the Contractor as provided below. 5.2.2 PROGRESS PAYMENTS - Based upon the Contractor's Applications for Payment submitted to the Architect and upon Certificates for Payment subsequently issued to the Owner by the Architect, the Owner shall make progress payments to the Contractor on account of the Contract Price. 5.2.3 On or before the 25th day of each month after commencement of the Work, the Contractor shall submit an Application for Payment for the period ending the 15th day of the month to the Architect in such form and manner, and with such supporting data and content, as the Owner or the Architect may require. Where the contract amount exceeds $400,000.00, the Contractor may request payment for ninety five percent (95%) of that portion of the Contract Price properly allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Work, less the total amount of previous payments received from the Owner. Where the contract amount is less than $400,000.00, the Contractor may request payment for ninety percent (90%) of that portion of the Contract Price properly allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Work, less the total amount of previous payments received from the Owner. Such Application for Payment shall be signed by the Contractor and shall constitute the Contractor's representation that the Work has progressed to the level for which payment is requested in accordance with the Schedule of Values, that the Work has been properly installed or performed in full accordance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested. Thereafter, the Architect will review the Application for Payment and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented in the Application for Payment and is as required by this Contract. The Architect shall determine and certify to the Owner the amount properly owing to the Contractor. The Owner shall make partial payments on account of the Contract Price to the Contractor within thirty (30) days following the Architect's receipt of each Application for Payment. The amount of each partial payment shall be the amount certified for payment by the Architect less such amounts, if any, otherwise owing by the Contractor to the Owner or which the Owner shall have NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 43 the right to withhold as authorized by this Contract. The Architect's certification of the Contractor's Application for Payment shall not preclude the Owner from the exercise of any of its rights as set forth in Paragraph 5.3 hereinbelow. 5.2.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which payments have been received from the Owner shall be free and clear of liens, claims, security interest or other encumbrances in favor of the Contractor or any other person or entity whatsoever. 5.2.5 The Contractor shall promptly pay each Subcontractor out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which such Subcontractor is entitled. In the event the Owner becomes informed that the Contractor has not paid a Subcontractor as herein provided, the Owner shall have the right, but not the duty, to issue future checks in payment to the Contractor of amounts otherwise due hereunder naming the Contractor and such Subcontractor as joint payees. Such joint check procedure, if employed by the Owner, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check and shall not be deemed to commit the Owner to repeat the procedure in the future. 5.2.6 No progress payment, nor any use or occupancy of the Project by the owner, shall be interpreted to constitute an acceptance of any Work not in strict accordance with this Contract. 5.3 WITHHELD PAYMENT 5.3.1 The Owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the Owner from loss because of: (a) defective Work not remedied by the Contractor nor, in the opinion of the Owner, likely to be remedied by the Contractor; (b) claims of third parties against the Owner or the Owner's property; (c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion; (d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price, (e) evidence that the Work will not be completed in the time required for substantial or final completion; (f) persistent failure to carry out the Work in accordance with the Contract; (g) damage to the Owner or a third party to whom the Owner is, or may be, liable. In the event that the Owner makes written demand upon the Contractor for amounts previously paid by the Owner as contemplated in this Subparagraph 5.3.1, the Contractor shall promptly comply with such demand. The Owner shall have no duty to third parties to withhold payment to the Contractor and shall incur no liability for a failure to withhold funds. 5.4 UNEXCUSED FAILURE TO PAY 5.4.1 If within thirty (30) days after the date established herein for payment to the Contractor by the Owner, the Owner, without cause or basis hereunder, fails to pay the Contractor any amount then due and payable to the Contractor, then the Contractor may after ten (10) additional days' written notice to the Owner and the Architect, and without prejudice to any other available rights or remedies it may have, stop the Work until payment of those amounts due from the Owner have been received. Late payments shall not accrue interest or other late charges, except as required by state law. NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 44 5.5 SUBSTANTIAL COMPLETION 5.5.1 When the Contractor believes that the Work is substantially complete, the Contractor shall submit to the Architect a list of items to be completed or corrected. When the Architect on the basis of an inspection determines that the Work is in fact substantially complete, it will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for Project security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete the items listed therein. Guarantees required by the Contract shall commence on the date of Substantial Completion of the Work. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such certificate. Upon Substantial Completion of the Work, and execution by both the Owner and the Contractor of the Certificate of Substantial Completion, the Owner shall pay the Contractor an amount sufficient to increase total payments to the Contractor to one hundred percent (100%) of the Contract Price less three hundred percent (300%) of the reasonable cost as determined by the Owner and the Architect for completing all incomplete Work, correcting and bringing into conformance all defective and nonconforming Work, and handling all unsettled claims. 5.6 COMPLETION AND FINAL PAYMENT 5.6.1 When all of the Work is finally complete and the Contractor is ready for a final inspection, it shall notify the Owner and the Architect thereof in writing. Thereupon, the Architect will make final inspection of the Work and, if the Work is complete in full accordance with this Contract and this Contract has been fully performed, the Architect will promptly issue a final Certificate for Payment certifying to the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. If the Architect is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the Work, the Contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the Owner from the Contractor's final payment. 5.6.1.1 If the Contractor fails to achieve final completion within the time fixed therefor by the Architect in its Certificate of Substantial Completion, the Contractor shall pay the Owner the sum of $500.00 per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that final completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving final completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 5.6.2 The Contractor shall not be entitled to final payment unless and until it submits to the Architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the Owner, or the Owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all Subcontractors of the Contractor and of any and all other parties required by the Architect or the Owner; consent of Surety, if any, to final payment. If any third party fails or refuses to provide a release of claim or waiver of lien as required by the Owner, the Contractor shall furnish a bond satisfactory to the Owner to discharge any such lien or indemnify the Owner from liability. 5.6.3 The Owner shall make final payment of all sums due the Contractor within thirty (30) days of the Architect's execution of a final Certificate for Payment. NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 45 5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the Owner by the Contractor except for those claims previously made in writing against the Owner by the Contractor, pending at the time of final payment, and identified in writing by the Contractor as unsettled at the time of its request for final payment. ARTICLE VI THE OWNER 6.1 INFORMATION, SERVICES AND THINGS REQUIRED FROM OWNER 6.1.1 The Owner shall furnish to the Contractor, at the time of executing this Contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the Project. Such written and tangible material is furnished to the Contractor only in order to make complete disclosure of such material and for no other purpose. By furnishing such material, the Owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefor. The Owner shall also furnish surveys, legal limitations and utility locations (if known), and a legal description of the Project site. 6.1.2 Excluding permits and fees normally the responsibility of the Contractor, the Owner shall obtain all approvals, easements, and the like required for construction and shall pay for necessary assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 6.1.3 The Contractor will be furnished free of charge three sets of Drawings and Project Manuals for execution of the Work. Additional sets may be printed by the contractor from electronic format furnished by owner. 6.2 RIGHT TO STOP WORK 6.2.1 If the Contractor persistently fails or refuses to perform the Work in accordance with this Contract, the Owner may order the Contractor to stop the Work, or any described portion thereof, until the cause for stoppage has been corrected, no longer exists, or the Owner orders that Work be resumed. In such event, the Contractor shall immediately obey such order. 6.3 OWNER'S RIGHT TO PERFORM WORK 6.3.1 If the Contractor's Work is stopped by the Owner under Paragraph 6.2, and the Contractor fails within seven (7) days of such stoppage to provide adequate assurance to the Owner that the cause of such stoppage will be eliminated or corrected, then the Owner may, without prejudice to any other rights or remedies the Owner may have against the Contractor, proceed to carry out the subject Work. In such a situation, an appropriate Change Order shall be issued deducting from the Contract Price the cost of correcting the subject deficiencies, plus compensation for the Architect's additional services and expenses necessitated thereby, if any. If the unpaid portion of the Contract Price is insufficient to cover the amount due the Owner, the Contractor shall pay the difference to the Owner. ARTICLE VII THE CONTRACTOR 7.1 The Contractor is again reminded of its continuing duty set forth in Subparagraph 1.5.7. The Contractor shall perform no part of the Work at any time without adequate Contract Documents or, as appropriate, approved Shop Drawings, Product Data or Samples for such portion of the Work. If the Contractor performs any of the Work knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall bear responsibility for such performance and shall bear the cost of correction. 7.2 The Contractor shall perform the Work strictly in accordance with this Contract. NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 46 7.3 The Contractor shall supervise and direct the Work using the Contractor's best skill, effort and attention. The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. 7.3.1 The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, including job-site safety, and for coordinating all portions of the Work under the Contract. 7.4 WARRANTY The Contractor warrants to the Owner that all labor furnished to progress the Work under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the Work will be of good quality, free from faults and defects and in strict conformance with this Contract. All Work not conforming to these requirements may be considered defective. 7.4.1.1 The warranty period is 1 year, commencing on the date of acceptance of the Project by the Irving City Council. 7.5 PERMITS 7.5.1 The Contractor shall apply for and secure all permits required for construction. The Owner will pay for the City of Irving building, mechanical, electrical, and plumbing permits, health and environmental impact fees due to water and sewer connections, and, if needed, zoning regulation fees. The Contractor shall pay for all other permits and governmental fees, licenses, and inspections necessary for proper execution of and completion of the Contract which are legally required at the time of execution of the Contract. 7.6 SUPERVISION 7.6.1 The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Absent written instruction from the Contractor to the contrary, the superintendent shall be deemed the Contractor's authorized representative at the site and shall be authorized to receive and accept any and all communications from the Owner or the Architect. 7.6.2 Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assume one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 7.6.2 as though such individuals had been listed above. 7.7 The Contractor, within fifteen (15) days of commencing the Work, shall submit to the Owner and the Architect for their information, the Contractor's schedule for completing the Work. The Contractor's schedule shall be revised no less frequently than monthly (unless the parties otherwise agree in writing) and shall be revised to reflect NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 47 conditions encountered from time to time and shall be related to the entire Project. Each such revision shall be furnished to the Owner and the Architect. Failure by the Contractor to strictly comply with the provisions of this Paragraph 7.7 shall constitute a material breach of this Contract. 7.8 The Contractor shall continuously maintain at the site, for the benefit of the Owner and the Architect, one record copy of this Contract marked to record on a current basis changes, selections and modifications made during construction. Additionally, the Contractor shall maintain at the site for the Owner and Architect the approved Shop Drawings, Product Data, Samples and other similar required submittals. Upon final completion of the Work, all of these record documents shall be delivered to the Owner. Refer to Section 01780 – Closeout Submittals, for additional requirements. 7.8.1 Contractor shall comply with the prevailing wage law in accordance with Article 5159 of Vernon's Revised Civil Statues, including any amendments or supplements thereto, and shall pay not less than the minimum wage rates established in the Bidding and Contract Requirements. 7.8.2 The Owner qualifies for exemption from the State of Texas and local sales and use taxes pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor shall not pay such taxes which would otherwise be payable in connection with the performance of this Contract, but the Contractor must obtain an exemption by complying with the State Comptroller's ruling No. 95-0.07, as amended, effective October 2, 1968. Exemption certificates will be furnished to the Contractor by the Owner. 7.8.3 Contractor shall comply with Tax Bill 1H.B.11, sales tax on tangible personal property- no sales tax on tangible personal property incorporated into or made a part of the project. The Contractor shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The Owner will provide the Contractor with an exemption certificate for the materials. The Contractor shall issue a resale certificate in lieu of paying a sales tax at the time of purchase. 7.8.4 Submit letter listing review comments indicated on Building Permit Set from Building Official issuing the Building Permit. 7.9 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 7.9.1 Shop Drawings, Product Data, Samples and other submittals from the Contractor do not constitute Contract Documents. Their purpose is merely to demonstrate the manner in which the Contractor intends to implement the Work in conformance with information received from the Contract Documents. 7.9.2 The Contractor shall not perform any portion of the Work requiring submittal and review of Shop Drawings, Product Data or Samples unless and until such submittal shall have been approved by the Architect. Approval by the Architect, however, shall not be evidence that Work installed pursuant thereto conforms with the requirements of this Contract. 7.10 CLEANING THE SITE AND THE PROJECT 7.10.1 The Contractor shall keep the site reasonably clean during performance of the Work. Upon final completion of the Work, the Contractor shall clean the site and the Project and remove all waste, together with all of the Contractor's property therefrom. Contractor shall dispose of all refuse at a Texas Natural Resource Conservation Commission approved landfill other than the City of the Irving Landfill. 7.11 ACCESS TO WORK 7.11.1 The Owner and the Architect shall have access to the Work at all times from commencement of the Work through final completion. The Contractor shall take whatever steps necessary to provide access when requested. NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 48 7.12 INDEMNITY 7.12.1 Owner shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in whole or in part from the negligence of Owner, without; however, waiving any governmental immunity available to the Owner under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 7.12.1.1 It is the expressed intent of the parties to this Agreement that the indemnity provided for in this Contract is an indemnity extended by Contractor to indemnify and protect Owner from the consequences of Owner's own negligence, provided, however, that the indemnity provided for in this Contract shall apply only when the negligent act of Owner is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of Owner is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. 7.12.1.2 The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and non-contributory as to any insurance maintained by the Owner for its own benefit, including self-insurance. In addition, Contractor shall obtain and file with Owner a City of Irving Standard Certificate of Insurance evidencing the required coverage. 7.12.2 In claims against any person or entity indemnified under this Paragraph 7.12 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 7.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE VIII CONTRACT ADMINISTRATION 8.1 THE ARCHITECT 8.1.1 When used in this Contract the term “Architect” shall refer to the Contract Administrator (who may not be an Architect) for the Owner. In the event the Owner should find it necessary or convenient to replace the Architect, the Owner shall retain a replacement Architect and the status of the replacement Architect shall be that of the former Architect. 8.2 ARCHITECT'S ADMINISTRATION 8.2.1 The Architect, unless otherwise directed by the Owner in writing, will perform those duties and discharge those responsibilities allocated to the Architect as set forth in this Contract. The Architect shall be the Owner's representative from the effective date of this Contract until final payment has been made. The Architect shall be authorized to act on behalf of the Owner only to the extent provided in this Contract. NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 49 8.2.2 Architect. The Owner and the Contractor shall communicate with each other in the first instance through the 8.2.3 The Architect shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the Contractor. The Architect shall render written or graphic interpretations necessary for the proper execution or progress of the Work with reasonable promptness on request of the Contractor. 8.2.4 The Architect will review the Contractor's Applications for Payment and will certify to the Owner for payment to the Contractor, those amounts then due the Contractor as provided in this Contract. 8.2.5 The Architect shall have authority to reject Work which is defective or does not conform to the requirements of this Contract. If the Architect deems it necessary or advisable, the Architect shall have authority to require additional inspection or testing of the Work for compliance with Contract requirements. 8.2.6 The Architect will review and approve, or take other appropriate action as necessary, concerning the Contractor's submittals including Shop Drawings, Product Data and Samples. Such review, approval or other action shall be for the sole purpose of determining conformance with the design concept and information given through the Contract Documents. 8.2.7 The Architect will prepare Change Orders and may authorize minor changes in the Work by field Order as provided elsewhere herein. 8.2.8 The Architect shall, upon written request from the Contractor, conduct inspections to determine the date of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records, written warranties and related documents required by this Contract and will issue a final Certificate for Payment upon compliance with the requirements of this Contract. 8.2.9 The Architect's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of this Contract. 8.3 CLAIMS BY THE CONTRACTOR 8.3.1 All Contractor claims shall be initiated by written notice and claim to the Owner and the Architect. Such written notice and claim must be furnished within seven (7) days after occurrence of the event, or the first appearance of the condition, giving rise to the claim. 8.3.2 Pending final resolution of any claim of the Contractor, the Contractor shall diligently proceed with performance of this Contract and the Owner shall continue to make payments to the Contractor in accordance with this Contract. The resolution of any claim under this Paragraph 8.3 shall be reflected by a Change Order executed by the Owner, the Architect and the Contractor. 8.3.3 CLAIMS FOR CONCEALED AND UNKNOWN CONDITIONS - Should concealed and unknown conditions encountered in the performance of the Work (a) below the surface of the ground or (b) in an existing structure be at variance with the conditions indicated by this Contract, or should unknown conditions of an unusual nature differing materially from those ordinarily encountered in the area and generally recognized as inherent in Work of the character provided for in this Contract, be encountered, the Contract Price shall be equitably adjusted by Change Order upon the written notice and claim by either party made within seven (7) days after the first observance of the condition. As a condition precedent to the Owner having any liability to the Contractor for concealed or unknown conditions, the Contractor must give the Owner and the Architect written notice of, and an opportunity to observe, the condition prior to disturbing it. The failure by the Contractor to make the written notice and claim as provided in this Subparagraph shall constitute a waiver by the Contractor of any claim arising out of or relating to such concealed or unknown condition. NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 50 8.3.4 CLAIMS FOR ADDITIONAL COSTS - If the Contractor wishes to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner therefor, the Contractor shall give the Architect written notice of such claim within seven (7) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice shall be given by the Contractor before proceeding to execute any additional or changed Work. The failure by the Contractor to give such notice and to give such notice prior to executing the Work shall constitute a waiver of any claim for additional compensation. In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's costs shall be strictly limited to direct costs incurred by the Contractor and shall in no event include indirect costs or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of third parties, including Subcontractors. The Owner shall not be liable to the Contractor for any claims based upon delay to the Contractor for any reason whatsoever including any act or neglect on the part of the Owner. 8.3.5 CLAIMS FOR ADDITIONAL TIME - If the Contractor is delayed in progressing any task which at the time of the delay is then critical or which during the delay becomes critical, as the sole result of any act or neglect to act by the Owner or someone acting in the Owner's behalf, or by changes ordered in the Work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipatable, fire or any causes beyond the Contractor's control, then the date for achieving Substantial Completion of the Work shall be extended upon the written notice and claim of the Contractor to the Owner and the Architect, for such reasonable time as the Architect may determine. Any notice and claim for an extension of time by the Contractor shall be made not more than seven (7) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail the Contractor's basis for requiring additional time in which to complete the Project. in the event the delay to the Contractor is a continuing one, only one notice and claim for additional time shall be necessary. if the Contractor fails to make such claim as required in this Subparagraph, any claim for an extension of time shall be waived. 8.3.5.1 Time extensions due to "adverse weather" will be granted only to the extent that the number of days of precipitation (0.01 inch or more) or the number of days of freezing weather (32 degrees F (0 degrees C) and below) exceeds the mean for that month, and because such "adverse weather" prevented the execution of major items of work on normal working days. The mean number of days of precipitation and freezing weather shall be as established by the U.S. Weather Bureau for the closest reporting station to the Project. If both precipitation and freezing weather exceed the norm for any given day, only 1 day will be counted. 8.3.5.2 Claims for extension of time must be submitted within 7 days after the beginning of the delay, and shall be in whole or half day increments. 8.3.5.3 Claims for extension of time due to strikes or lockouts shall be accompanied with a written explanation of facts concerning the strike or lockout including affected dates, trade involved, reason for strike or lockout, efforts to resolve the dispute, and efforts to minimize the impact on this Project. 8.3.5.4 Claims for extension of time due to delays in transportation shall be accompanied with a written explanation of facts demonstrating that the delays were beyond the Contractor's control. 8.4 FIELD ORDERS 8.4.1 The Architect shall have authority to order minor changes in the Work not involving a change in the Contract Price or in Contract Time and not inconsistent with the intent of the Contract. Such changes shall be effected by field Order and shall be binding upon the Contractor. The Contractor shall carry out such Field Orders promptly. NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 51 ARTICLE IX SUBCONTRACTORS 9.1 DEFINITION 9.1.1 Work. A Subcontractor is an entity which has a direct contract with the Contractor to perform a portion of the 9.2 AWARD OF SUBCONTRACTS 9.2.1 Upon execution of the Contract, the Contractor shall furnish the Owner, in writing, the names of persons or entities proposed by the Contractor to act as a Subcontractor on the Project. The Owner shall promptly reply to the Contractor, in writing, stating any objections the Owner may have to such proposed Subcontractor. The Contractor shall not enter into a Subcontract with a proposed Subcontractor with reference to whom the Owner has made timely objection. The Contractor shall not be required to Subcontract with any party to whom the Contractor has objection. 9.2.2 All subcontracts shall afford the Contractor rights against the Subcontractor which correspond to those rights afforded to the Owner against the Contractor herein, including those rights afforded to the Owner by Subparagraph 12.2.1 below. ARTICLE X CHANGES IN THE WORK 10.1 CHANGES PERMITTED 10.1.1 Changes in the Work within the general scope of this Contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this Contract, by Change Order or by Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of this Contract and the Contractor shall proceed promptly with such changes. 10.2 CHANGE ORDER DEFINED 10.2.1 Change Order shall mean a written order to the Contractor executed by the Owner and the Architect, issued after execution of this Contract, authorizing and directing a change in the Work or an adjustment in the Contract Price or the Contract Time, or any combination thereof. The Contract Price and the Contract Time may be changed only by Change Order. 10.3 CHANGES IN THE CONTRACT PRICE 10.3.1 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (a) by mutual agreement between the Owner and the Contractor as evidenced by (1) the change in the Contract Price being set forth in the Change Order, (2) such change in the Contract Price, together with any conditions or requirements related thereto, being initialed by both parties and (3) the Contractor's execution of the Change Order, or (b) if no mutual agreement occurs between the Owner and the Contractor, then, as provided in Subparagraph 10.3.2 below. 10.3.2 If no mutual agreement occurs between the Owner and the Contractor as contemplated in Subparagraph 10.3.1 above, the change in the Contract Price, if any, shall then be determined by the Architect on the basis of the reasonable expenditures or savings of those performing, deleting or revising the Work attributable to the change, NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 52 including, in the case of an increase or decrease in the Contract Price, an allowance for job site overhead and profit in accordance with Subparagraph 10.3.2.1. In such case, the Contractor shall present, in such form and with such content as the Owner or the Architect requires, an itemized accounting of such expenditures or savings, plus appropriate supporting data for inclusion in a Change Order. Reasonable expenditures or savings shall be limited to the following: reasonable costs of materials, supplies, or equipment including delivery costs, reasonable costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance, reasonable rental costs of machinery and equipment exclusive of hand tools whether rented from the Contractor or others, reasonable costs of premiums for all bonds and insurance, permit fees, and sales, use or other taxes related to the Work, and reasonable cost of direct supervision and jobsite field office overhead directly attributable to the change. In no event shall any expenditure or savings associated with the Contractor's home office or other non-jobsite overhead expense be included in any change in the Contract Price. Pending final determination of reasonable expenditures or savings to the Owner, payments on account shall be made to the Contractor on the Architect's Certificate for Payment. 10.3.2.1 In Subparagraph 10.3.2, the overhead and profit included in the total cost to the Owner shall be based on the following rates: .1 For Work performed by Contractor's own forces: 10%. .2 For Work performed by Subcontractor, Subcontractor: 10%; Contractor: 5%. .3 Overhead includes the costs related to home office personnel and the costs of supervision and field office personnel directly attributable to the Change. .4 The cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph 10.3.2. .5 All proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including quantities, labor, materials, and subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are subcontracts, they shall also be itemized. 10.3.3 If unit prices are provided in the Contract, and if the quantities contemplated are so changed in a proposed Change Order that application of such unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or to the Contractor, the applicable unit prices shall be equitably adjusted. 10.4 MINOR CHANGES 10.4.1 The Architect shall have authority to order minor changes in the Work not involving a change in the Contract Price or an extension of the Contract Time and not inconsistent with the intent of this Contract. Such minor changes shall be made by written Field Order, and shall be binding upon the owner and the Contractor. The Contractor shall promptly carry out such written Field Orders. 10.5 EFFECT OF EXECUTED CHANGE ORDER 10.5.1 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the Work, this Contract as thus amended, the Contract Price and the Contract Time. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. 10.6 NOTICE TO SURETY; CONSENT 10.6.1 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the Contractor's surety or by law. The NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 53 Contractor's execution of the Change Order shall constitute the Contractor's warranty to the Owner that the surety has been notified of and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. ARTICLE XI UNCOVERING AND CORRECTING WORK 11.1 UNCOVERING WORK 11.1.1 If any of the Work is covered contrary to the Architect's request or to any provisions of this Contract, it shall, if required by the Architect or the Owner, be uncovered for the Architect's inspection and shall be properly replaced at the Contractor's expense without change in the Contract Time. 11.1.2 If any of the Work is covered in a manner not inconsistent with Subparagraph 11.1.1 above, it shall, if required by the Architect or Owner, be uncovered for the Architect's inspection. If such Work conforms strictly with this Contract, costs of uncovering and proper replacement shall by Change Order be charged to the Owner. If such Work does not strictly conform with this Contract, the Contractor shall pay the costs of uncovering and proper replacement. 11.2 CORRECTING WORK 11.2.1 The Contractor shall immediately proceed to correct Work rejected by the Architect as defective or failing to conform to this Contract. The Contractor shall pay all costs and expenses associated with correcting such rejected Work, including any additional testing and inspections, and reimbursement to the Owner for the Architect's services and expenses made necessary thereby. 11.2.2 If within one (1) year after Substantial Completion of the Work any of the Work is found to be defective or not in accordance with this Contract, the Contractor shall correct it promptly upon receipt of written notice from the Owner. This obligation shall survive final payment by the Owner and termination of this Contract. With respect to Work first performed and completed after Substantial Completion, this one year obligation to specifically correct defective and nonconforming Work shall be extended by the period of time which elapses between Substantial Completion and completion of the subject Work. 11.2.3 Nothing contained in this Paragraph 11.2 shall establish any period of limitation with respect to other obligations which the Contractor has under this Contract. Establishment of the one year time period in Subparagraph 11.2.2 relates only to the duty of the Contractor to specifically correct the Work. 11.3 OWNER MAY ACCEPT DEFECTIVE OR NONCONFORMING WORK 11.3.1 If the Owner chooses to accept defective or nonconforming Work, the Owner may do so. in such event, the Contract Price shall be reduced by the greater of (a) the reasonable cost of removing and correcting the defective or nonconforming Work, and (b) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming Work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for its acceptance of defective or nonconforming Work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming Work. NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 54 ARTICLE XII CONTRACT TERMINATION 12.1 TERMINATION BY THE CONTRACTOR 12.1.1 If the Work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Government, through no fault of the Contractor or any person or entity working directly or indirectly for the Contractor, the Contractor may, upon ten (10) days' written notice to the Owner and the Architect, terminate performance under this Contract and recover from the Owner payment for the actual reasonable expenditures of the Contractor (as limited in Subparagraph 10.3.2 above) for all Work executed and for materials, equipment, tools, construction equipment and machinery actually purchased or rented solely for the Work, less any salvage value of any such items. 12.1.2 If the Owner shall persistently or repeatedly fail to perform any material obligation to the Contractor for a period of fifteen (15) days after receiving written notice from the Contractor of its intent to terminate hereunder, the Contractor may terminate performance under this Contract by written notice to the Architect and the Owner. In such event, the Contractor shall be entitled to recover from the Owner as though the Owner had terminated the Contractor's performance under this Contract for convenience pursuant to Subparagraph 12.2.1 hereunder. 12.2 TERMINATION BY THE OWNER 12.2.1 FOR CONVENIENCE 12.2.1.1 The Owner may for any reason whatsoever terminate performance under this Contract by the Contractor for convenience. The Owner shall give written notice of such termination to the Contractor specifying when termination becomes effective. 12.2.1.2 The Contractor shall incur no further obligations in connection with the Work and the Contractor shall stop Work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The Owner may direct the Contractor to assign the Contractor's right, title and interest under terminated orders or subcontracts to the Owner or its designee. 12.2.1.3 The Contractor shall transfer title and deliver to the Owner such completed or partially completed Work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has. 12.2.1.4 (a) The Contractor shall submit a termination claim to the Owner and the Architect specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the Architect. If the Contractor fails to file a termination claim within one (1) year from the effective date of termination, the Owner shall pay the Contractor, an amount derived in accordance with subparagraph (c) below. (b) The Owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (c) Absent agreement to the amount due to the Contractor, the Owner shall pay the Contractor the following amounts: (i) Contract prices for labor, materials, equipment and other services accepted under this Contract; (ii) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the Work, and in terminating the Contractor's performance, plus a fair and NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 55 reasonable allowance for overhead and profit thereon (such profit shall not include anticipated profit or consequential damages), provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (iii) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subparagraph 12.2.1.2 of this Paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the Contractor under this Subparagraph 12.2.1 shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 12.2.2 FOR CAUSE 12.2.2.1 If the Contractor persistently or repeatedly refuses or fails to prosecute the Work in a timely manner, supply enough properly skilled workers, supervisory personnel or proper equipment or materials, or if it fails to make prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a material provision of this Contract, then the Owner may by written notice to the Contractor, without prejudice to any other right or remedy, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. 12.2.2.2 If the unpaid balance of the Contract Price exceeds the cost of finishing the work, including compensation for the Architect's additional services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such cost exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive the termination of the Contract. 12.2.2.3 In the event the employment of the Contractor is terminated by the Owner for cause pursuant to Subparagraph 12.2.2 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Subparagraph 12.2.1 and the provisions of Subparagraph 12.2.1 shall apply. ARTICLE XIII INSURANCE 13.1 CONTRACTOR SHALL MAINTAIN INSURANCE 13.1.1 The Contractor at his own expense shall purchase, maintain and keep in force during the life of this contract, adequate insurance that will protect the Contractor and/or any Additional Insured from claims which may arise out of or result from operations under this contract. The insurance required shall provide adequate protections from all claims, whether such operations be by the Contractor or by any Additional Insured or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone whose acts of any of them may be liable and from any special hazards, such as blasting, which may be encountered in the performance of this contract in the amounts as shown below in Paragraph 13.2.1. NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 56 13.1.2 The Contractor shall not commence work on any Contract in the City of Irving until the Contractor has obtained all the insurance required under this paragraph and such insurance has been approved by the City. 13.2. TYPES AND AMOUNTS OF CONTRACTOR’S INSURANCE 13.2.1. The Contractor shall furnish and maintain during the life of the contract adequate Worker's Compensation and Commercial General Liability (Public) Insurance in such amounts as follows: Type of Insurance Amount Worker's Compensation as set forth in the Worker's Compensation Act. Commercial General Liability (Public) $1,000,000 Each Accident $2,000,000 Aggregate $2,000,000 Products & Completed Operations Aggregate The Commercial General Liability (Public) insurance policy shall include an endorsement CG 2503 "Amendment Aggregate Limit of Insurance per Project". The endorsement shall preserve the entire aggregate required in the Commercial General Liability (Public) insurance policy for the exclusive use in this contract. As an alternative to endorsement CG2503, the contractor can purchase an Owner's and Contractor's Protective Liability Insurance policy for the project. The Commercial General Liability (Public) insurance policy shall be on an "Occurrence" basis. The Contractor shall be required to have additional insurance for all work performed within railroad R.O.W. as required by the owner of such R.O.W. and said insurance shall be in addition to the insurance amount required in sub-paragraph (A). 13.3. ADDITIONAL INSURED The City of Irving shall be an additional insured on the Commercial General Liability (Public) Insurance Policy furnished by the Contractor. 13.4. WRITTEN NOTIFICATION Each insurance policy shall contain a provision requiring that thirty (30) days prior to expiration, cancellation, nonrenewal or any material change in coverage, a notice there of shall be given by certified mail to the Purchasing Division, City of Irving, 845 W. Irving Blvd., Irving, Texas, 75060. 13.5. PREMIUMS AND ASSESSMENTS Companies issuing the insurance policies shall have no recourse against the City for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor. 13.6. CERTIFICATE OF INSURANCE Proof that the insurance is in force shall be furnished to the City on City of Irving Standard Certificate of Insurance Forms. In the event any insurance policy shown on the Certificate of Insurance has an expiration date that is prior to the completion and final acceptance of the project by the City of Irving, the contractor shall furnish the City proof of identical continued coverage no later than thirty(30) days prior to the expiration date shown on the Certificate of Insurance. 13.7. PRIMARY COVERAGE The coverages provided herein shall be primary and noncontributory with any other insurance maintained by the City of Irving, Texas, for its benefit, including self insurance. NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 57 13.8 Workers' Compensation Insurance Coverage 13.8.1 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 filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) (B) 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 no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text in Figure 2 provided by the commission on the sample notice, without any additional words or changes: (Figure 2) REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 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: NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 58 (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 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 subparagraphs (A) - (H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. ARTICLE XIV MISCELLANEOUS 14.1 GOVERNING LAW 14.1.1 The Contract shall be governed by the law of the place where the Project is located. 14.2 SUCCESSORS AND ASSIGNS 14.2.1 The Owner and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this Contract without written consent of the Owner. 14.3 SURETY BONDS 14.3.1 The Contractor shall furnish separate performance, payment, bonds to the Owner, according to the requirements set out in the bid documents and state statutes. Each bond required by the bid documents NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 59 or state statute shall set forth a penal sum in an amount not less than the Contract Price. Each bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract Price is adjusted by Change Order executed by the Contractor, the penal sum of both the performance bond and the payment bond shall be deemed increased by like amount. The performance, payment, bonds furnished by the Contractor shall be in form suitable to the Owner and shall be executed by a surety, or sureties, reasonably suitable to the Owner and authorized to do business in the State of Texas by the State Board of Insurance. 14.4 PROTECTION OF PERSONS AND PROPERTY 14.4.1 DO NOT USE MATERIALS CONTAINING ASBESTOS. The Contractor shall comply with State of Texas H.B. 1927 concerning use of materials containing asbestos in building construction. The Contractor shall provide Owner with an affidavit notarized by a notary public which certifies that no PCB's or asbestos have been used in the materials for construction of the Project. This affidavit shall be due at the same time the Release of Lien on products is furnished to the Architect. 14.4.2 The Contractor shall provide Owner with an affidavit notarized by a notary public which certifies that all materials containing Volatile Organic Components (VOC) are in strict compliance with all VOC (Volatile Organic Components) requirements and regulations of the Environmental Protection Agency (EPA), Occupational Safety Health Administration (OSHA), State, County, City and Local Air Control District. 14.4.3 The Contractor shall provide Owner with an affidavit notarized by a notary public which certifies that all hazardous waste, trash, debris, etc. have been disposed of in a manner which is in strict compliance with all current requirements of EPA (Environmental Protection Agency), State, County, City and Local districts or authorities. 14.5 TRENCH SAFETY 14.5.1 As a prerequisite to award of Contract, the Contractor shall submit a trenching plan to the Owner within 5 days after notification of award of Contract illustrating the trench safety measures required for trenches exceeding 5 feet (1525 mm) in depth. This plan shall be prepared under the direct supervision of a Professional Engineer licensed in the State of Texas and who is not employed by the Owner, Architect or the Architect's Consultants, nor in any other way affiliated with or employed on the Project, and shall demonstrate compliance with requirements of the OSHA regulations governing excavations and requirements of any governmental agencies having jurisdiction over the Project. 14.5.2 The Contractor is solely responsible for determining the applicability of the designed trench safety systems to each field condition and for inspecting the trench safety systems. The Contractor shall maintain permanent records of all trench safety inspections. 14.5.3 The Contractor shall indemnify and hold harmless the Owner and its employees and agents, including the Owner's Architect and his Consultants, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments, and claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this Contract. This indemnity provision applies even if the collapse or failure is partly caused by the Owner's negligence including without limitation the Owner's negligent acts or omissions in failing to provide adequately for trench safety. Such negligent acts or omissions may include, but are not limited to, inspections, failure to issue stop work orders, and the hiring of the Contractor." NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 60 OWNER CONTRACTOR City of Irving SEAL ______________________________________ SEAL (TYPED NAME) (TYPED NAME) By: By: (SIGNATURE) (SIGNATURE) Beth Van Duyne, Mayor (PRINTED NAME, TITLE AND ADDRESS) (PRINTED NAME, TITLE AND ADDRESS) (DATE OF EXECUTION) (DATE OF EXECUTION) APPROVED AS TO FORM: ___________________________ ASSISTANT CITY ATTORNEY NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 61 CORPORATE ACKNOWLEDGMENT THE STATE OF ____________________ COUNTY OF ______________________ BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared: _______________________________ _______________________________ (Print Name) (Print Title) of ___________________, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said ____________________, a corporation, that he was duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of ________________, A.D., 20__. ___________________________________ Notary Public In and For the State of Texas _______________County, ____________ My Commission expires: ____________________ MAYOR’S ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Beth Van Duyne, Mayor of the City of Irving, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Irving, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate resolution of the City Council of the City of Irving and that he executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ____________, A.D., 20__. ___________________________________ Notary Public in and for the State of Texas My Commission expires: ________________County ____________ ____________________ NCLC DOCUMENT I STANDARD FIXED PRICE AGREEMENT BETWEEN OWNER AND CONTRACTOR 1992 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 62 Irving Arts Center Irving, TX SECTION 11000 Part 1. 1.01 GENERAL WORK INCLUDED A. The Stage Lighting Integrator, as part of the work of this section, shall provide, install and test a complete lighting control system as specified herein for areas indicated on the drawings and circuit schedules. B. The Stage Lighting Integrator shall retain the services of an Electrical Contractor licensed in the state of Texas (herein after referred to as “EC”) to perform electrical work as required by the scope of work. 1. The EC shall have experience in the installation of Electronic Theater Controls theatrical and architectural dimming and control equipment. 2. The EC shall have been in business for a minimum of 10 consecutive years and shall have no history of bankruptcy. C. Furnish all conduit, wire, connectors, hardware and other incidental items necessary for the complete and proper operation of the lighting control system. 1.02 SYSTEM DESCRIPTION A. The system shall be designed for the control of architectural and theatrical lighting and shall consist of factory pre-wired dimming and processing rack enclosures containing dimmers, relays, power supplies, breakers, terminals and/or control electronics. B. System shall work in conjunction with specified low-voltage control stations. C. Reference the attached Bill of Materials for equipment quantities. D. System shall work in conjunction with existing electrical distribution and branch circuits. A. Problems with existing electrical distribution and branch circuits identified through the course of work described herein are to not to be rectified as part of this specification. 1.03 SUBMITTALS A. Provide 3 sets of full system submittals. Submittals shall include: 1. Full system riser diagram(s) illustrating interconnection of system components, wiring requirements, wire types, back box sizes and any special installation considerations. 2. Full set of printed technical data sheets. 3. Detailed set of dimmer schedules 4. Detailed set of circuit and control schedules, including a complete list of all deviations from specifications. Page 1 Irving Arts Center Irving, TX B. Stage Lighting Integrator shall provide any additional information, including equipment demonstrations, as required by the engineer or specifier to verify compliance with specifications. 1.04 QUALITY ASSURANCE A. Manufacturer shall be one who has been continuously engaged in the manufacturer of lighting control equipment for a minimum of ten years. All dimmer and cabinet fabrication must take place in a U.S. manufacturing plant. B. The manufacturer shall have a factory authorized stocking service center with at least one full time service technician on staff located within 150 miles of the job site. In addition, the manufacturer shall have a toll free 24-hour hotline with a maximum response time of 20 minutes, 24 hours a day and 365 days a year. C. All equipment, where applicable standards have been established, shall be built to the standards of Underwriters Laboratories, Inc., the National Electric Code and the United States Institute for Theater Technology. Permanently installed power distribution equipment such as dimmer racks and distribution shall be UL and C-UL Listed, and/or CE marked (where applicable) and bear the appropriate labels. Portable equipment such as consoles and fixtures shall be UL and C-UL Listed, ETL Listed and/or CE marked (where applicable) and bear the appropriate labels. 1.05 ACCEPTABLE MANUFACTURERS A. The equipment herein specified shall be manufactured by Electronic Theatre Controls PO Box 620979 Middleton, WI 53562 Phone: 608/831-4116 Fax: 608/836-1736 B. Alternative manufacturers must submit a full pre-approval package ten days prior to bid date. Package shall consist of items listed in Part 1, Section 1.03A. C. Permission to bid does not imply acceptance of the manufacturer. It is the sole responsibility of the Stage Lighting Integrator to ensure that any price quotations received and submittals made are for controls systems that meet or exceed the specifications. 1.06 STAGE LIGHTING INTEGRATOR The provider of the system herein described shall be acknowledged in business as a Stage Lighting Integrator (SLI). The role of the SLI in this project shall be to provide and install all equipment listed in this section. The SLI shall furnish a complete working system to the owner, meeting the intent of this specification. The SLI shall coordinate with the Owner’s Representative to provide input on the design, construction and use of the theatrical facilities and lighting system. The SLI shall coordinate delivery schedules and provide installation of equipment with electrical trades. Additionally, the SLI shall be responsible for submittal documentation for equipment in this section, system record drawings, final testing of the system, and training of the owner’s personnel as required by this specification. Page 2 Irving Arts Center Irving, TX A. QUALIFICATIONS a. The Stage Lighting Integrator (herein referred to as “SLI”) shall have experience in the operation and installation of similar equipment associated with the construction and/or renovation of facilities similar in scope to this project. b. The SLI shall have been in business for a minimum of 10 consecutive years and shall have no history of bankruptcy. c. The SLI shall be an authorized dealer for an adequate number of manufacturers of system products necessary to provide a complete working system meeting the intent of this specification. System products shall include but are not limited to the following: i. Dimming Equipment d. Control System e. Power Distribution f. Accessories as required to produce a full working system g. The SLI shall have on staff at least two full-time manufacturer-certified field service technicians, whose primary location of operation is the SLI’s retail/warehouse facility. h. The SLI shall maintain a retail and warehouse facility within 20 miles of the owner’s location. i. The SLI shall be capable of performing system integration, configuration, programming, maintenance and training for the proposed system. j. The SLI shall provide a two-year system warranty for the complete system, not including expendable supplies, effective from the date of system acceptance. Within this warranty period, the SLI shall be responsible as the Owner’s sole contact for the remedy, repair, or replacement of system deficiencies (through the manufacturer’s warranty where applicable). The SLI shall match the Manufacturer’s warranty periods, if they are longer than two years. k. The SLI shall be able to secure a performance bond of an amount not less than an aggregate of one million dollars. l. The SLI shall provide an insurance policy for general liability covering the SLI and all additional insured per project requirements. m. The SLI shall be required to carry Errors and Omissions Insurance 1.07 SUBMITTALS A. Within sixty days of notice to proceed, SLI shall provide 3 sets of full system submittals to the Owner’s Representative. Submittals shall include: i. Full system riser diagram(s) illustrating interconnection of system components, wiring requirements, back box sizes and any special installation considerations. ii. Full set of printed technical data sheets. iii. Detailed set of dimmer schedules. iv. Detailed set of circuit and control schedules, including a complete list of all deviations from specifications. Page 3 Irving Arts Center Irving, TX v. A control device schedule clearly indicating location of devices, backbox size, mounting height and style and device labels. These labels shall be used on all riser diagrams and detail sheets. vi. SLI shall provide any additional information, including equipment demonstrations, as required by the Owner’s Representative to verify compliance with specifications. B. Closeout Submittals i. Prepare and submit 3 copies of the System Reference Manual prior to Owner training in 3 ring binders, sized to hold the material plus 50% excess, with clear vinyl pockets on cover and spine for project title. ii. Project record drawings “as-builts” to be provided within 4 weeks after system acceptance. Provide in electronic form (ACAD 2007 or later, PDF and DWG files) iii. A list of all equipment, indicating manufacturer, model, serial number, and equipment location (i.e. panel/rack/room number). Update following acceptance testing, if changed. Part 2. 2.01 PRODUCT GENERAL A. Equipment and materials shall be new, and conform to applicable UL, CSA, or ANSI provisions. Take care during installation to prevent scratches, dents, chips, etc. B. Verify all site conditions prior to fabrication and installation of all equipment. Notify Owner’s Representative of any discrepancies in site conditions or design documents as soon as identified. C. Use only components and items in the theatrical lighting systems that conform to industry practice and acceptable code standards. D. Wiring of power distribution cable shall be in accordance with NEC standards. E. Wiring of control distribution cable shall be in accordance with the manufacturer’s specification. F. Cat 5E shall be utilized for lighting network infrastructure. G. Belden 9729 shall be utilized for DMX control infrastructure. 2.02 ARCHITECTURAL CONTROL PROCESSOR MODULES A. Control Processor Modules a. The Architectural Control Processor shall be the Unison Paradigm P-ACP Series Control Processor as manufactured by Electronic Theatre Controls, Inc., or equal. b. Mechanical Page 4 Irving Arts Center Irving, TX i. The Architectural Control Processor (ACP) assembly shall be designed for use in DRd Series Dimming Enclosures and ERn Series Control Enclosures. ii. The processor shall utilize microprocessor based, solid state technology to provide multi-scene lighting and building control. iii. ACP module electronics shall be contained in a plug-in assembly. 1. The module shall be housed in a formed steel body and contain no discrete wire connections. a. No tools shall be required for module removal or insertion. iv. The ACP shall be convection cooled. v. User Interface 1. The ACP shall utilize a backlit liquid crystal display capable of graphics and eight lines of text. 2. The ACP shall provide an alpha-numeric keypad for data entry and navigation 3. The ACP shall provide a touch-sensitive control wheel for navigation. 4. The ACP shall provide shortcut buttons to assist in navigation, selection, and data entry. 5. The ACP keypad, buttons, and wheel shall be backlit for use in low-light conditions. a. The backlight shall have a user selectable time out, including no time out. vi. The ACP shall provide a front-panel RJ45 jack for Ethernet connection to the processor for configuration, live control, and webbrowser-based system access. 1. The Ethernet port shall be secured behind the locking door. vii. The ACP shall provide a Secure Digital (SD) Removable Media slot on the front panel for transfer of configuration data. 1. The SD slot shall be secured behind the locking door. viii. The ACP shall provide a Universal Serial Bus (USB) port on the front panel for transfer of configuration data. 1. The USB port shall be secured behind the locking door. ix. Architectural Lighting System configuration and program information shall be stored in flash memory, which does not require battery backup. 1. The ACP shall provide a Compact Flash (CF) Card as backup flash memory and storage. 2. The CF Card is stored in the back of the ACP, and can be accessed only by removing the ACP. 3. The ACP data can be exchanged by inserting the CF card into another ACP. c. Electrical i. The ACP shall require no discrete wiring connections; all wiring shall be terminated into Dimming or Control Enclosure. ii. The ACP shall require low-voltage power supplied by the Dimming or Control enclosure. iii. The ACP shall be hot-swap capable. Page 5 Irving Arts Center Irving, TX iv. The ACP shall support Echelon LinkPower communications with remote devices, including button stations, button/fader stations, Touchscreen stations, sensors, and third party LonMARK compliant products. 1. The LinkPower network shall utilize polarity-independent, low-voltage Class II twisted pair wiring, type Belden 8471 (unshielded) or Belden 8719 (shielded) or equivalent. One # 14 AWG drain wire will be required for system not using grounded metal conduit. Touchscreen stations, interface stations and portable stations connectors will also require (2) #16 AWG wires. 2. The LinkPower network shall be topology free. Network wiring may be bus, loop, home run, star or any combination of these. Page 6 Irving Arts Center Irving, TX 3. Link power wiring shall permit a total wire run of 1640 ft. (500m) without a repeater. Repeater option modules shall be available to increase wiring maximums in increments of 1640 ft. (500m) 4. Link power wiring between stations shall not exceed 1313 ft. (400m). v. The ACP shall support 10/100BaseTX, auto MDI/MDIX, 802.3af compliant Ethernet networking using TCP/IP, ESTA BSR E1.17 Advanced Control Networks (ACN) and ESTA BSR E1.31 (sACN) Protocols for internal communication and integration with third-party equipment. vi. The ACP shall support EIA-RS232 serial protocol for bi-directional command and communication with third-party equipment. vii. The ACP shall support two discrete ESTA DMX512A ports, configurable as input or output ports.* 1. *When used in a Dimming Enclosure, the second port is always an output port. viii. The ACP shall provide four onboard dry contact closure inputs for integration with third-party products. ix. The ACP shall provide four onboard contact closure outputs, rated at 1A@30VDC, for integration with third-party equipment. d. Functional i. Capacity 1. Shall support 1024 channels of control 2. Shall support 2 physical DMX ports, each of which may be configured as an input or output ii. System 1. Runtime application shall support Net3 system interoperability 2. System shall support the use of Network Time Protocol for real time clock synchronization 3. System shall support remote firmware upload an over Ethernet connection from a connected PC running the Light Designer software or another connected processor. 4. System shall support local firmware upload from removable media (SD Card, USB Flash Drive) iii. Diagnostics 1. Shall output an Event log 2. Standard log shall store a fixed-length history of recent activity 3. Separate critical log shall only store important messages (such as boot-up settings) iv. Configuration Data 1. Configuration Data can be uploaded over an Ethernet connection from a PC running Light Designer application 2. Configuration Data can be retrieved from another Paradigm Processor Page 7 Irving Arts Center Irving, TX 3. A Paradigm Processor shall make its configuration data available for retrieval by another Processor as a backup/recovery mechanism 4. Configuration Data shall be stored on solid-state media that can be removed to facilitate transfer between Processor units 5. Configuration Data may be loaded to and from removable media access provided on front panel 6. Configuration Data for the entire System shall be available for download from any single Processor 7. Shall store configuration data for Dimming enclosure processors and shall make available for download v. Scalability 1. Adding additional Processors to a System shall proportionately increase its overall capabilities up to a maximum System size 2. The maximum number of Processors configured as a System shall be at least 12 3. Multiple Processors shall utilize the Ethernet network to remain time synchronized and share control information 4. Multiple Processors shall utilize the Ethernet network to maintain configuration data synchronization as modifications are made 5. Failure of a single Processor shall not prohibit continuing operation of the remaining Processors 6. It shall be possible for multiple Systems to coexist on the same physical network with logical isolation between Systems vi. Local User Interface 1. Shall provide access to Processor setup (IP address) 2. Shall provide access to Processor status and diagnostics 3. Where the Processor is installed within a Dimming enclosure, shall provide access to Dimming enclosure setup, status and diagnostics 4. Shall provide control functionality for Control Channels, Zones, Fixtures, Groups, Presets, Macros, Walls and Sequences within the current configuration. 5. Shall provide functionality to schedule astronomical and real time events (add/edit/delete) 6. Shall allow for display of local DMX information 7. Shall allow for transfer of log files to local removable media 8. Shall allow to perform firmware upgrades for connected Dimming enclosures 9. Shall allow for transfer of configuration to and from Dimming enclosures using removable media 10. Shall allow for transfer of configuration to and from LCD Stations using removable media 11. Shall allow for binding of Stations Page 8 vii. viii. ix. x. xi. Irving Arts Center Irving, TX Access Controls 1. There shall be 2 user accounts - Administrator, and User with separate password protection 2. Account and password settings shall be local to each Processor 3. Access Controls shall be applied to certain areas of the Paradigm Local User Interface and Web Interface Web User Interface 1. Shall be an internal web server accessible via Ethernet port 2. Shall support common web browsers on Windows and Mac platforms 3. Shall provide functionality to Activate and Deactivate Presets 4. Shall provide functionality to schedule timed events (add/delete) 5. Shall display status information 6. Shall display log files 7. Shall allow for configuration of Processor settings (date, time) 8. Shall allow for upload and download of configuration data 9. There shall be links to other web-enabled devices in the System, including other Paradigm Processors Stations 1. Stations shall be connected to a Paradigm Processor via a LinkPower network or Ethernet 2. Station discovery and binding shall be accomplished from the Local User Interface or Light Designer Net3 and ACN Devices 1. Net3 Devices shall be connected to and controlled from Paradigm Processors via Ethernet 2. Paradigm Processors shall provide DMX-Net3 gateway functionality 3. It shall be possible to send and receive Macro triggers defined within the System configuration via Net3 4. There shall be support for Streaming ACN on up to 24 universes per Processor Operation 1. When contained in an dimming enclosure, a snapshot of the dimming enclosure output data shall be stored in persistent memory so that hardware can access it for immediate output on boot 2. DMX output refresh rate shall be configurable 3. There shall be support for 16-bit DMX Attributes 4. DMX inputs may be patched to DMX and Streaming ACN outputs as external sources 5. Streaming ACN inputs shall be patched to DMX outputs (gateway) as external sources 6. Where there are multiple external sources then priority and HTP shall be used to perform arbitration Page 9 2.03 Irving Arts Center Irving, TX 7. External and internal sources shall be arbitrated based on user-selection of standard or custom rules 8. On Preset Record, the values of Attributes within the Preset shall be updated to reflect the current output 9. The total output may be the combination of many different Presets running concurrently 10. There shall be no hard limit on number of concurrent cross fades 11. Multiple Presets controlling the same Attribute shall first interact based on priority and second based on Latest Takes Precedence(LTP) or Highest Takes Precedence (HTP) 12. LTP and HTP operation shall be supported simultaneously and interact (at the same priority) using HTP 13. Settings due to LTP Presets may be automatically discarded from operation when overridden 14. It shall be possible to specify that a Preset or Attribute Control will persist when overridden 15. A Preset may be designated as an HTP Override and shall cause HTP values to be discarded 16. It shall be possible to modify the rate of a Preset (Cross fades, Effects) from a Control within the System 17. Each Preset shall have a status that can be Activated, Deactivated or Altered 18. Preset status may be set based on matching levels in the current output as an option 19. On startup the System shall be capable of automatically executing timed events within the previous 24 hours to synchronize its initial output state with the current time of day xii. Serial Input/Output 1. RS232 shall support 8-bit word length, parity selection and 1 or 2 stop bits 2. RS232 shall support baud rates from 4800 to 115,200 bps 3. Serial input and output messages are fully customizable 4. Serial output messages can be generated by any Control or Event CENTRAL LIGHTING SERVER A. The Architectural Control Server shall be the Unison Paradigm Central Control Server (P-CCS) as manufactured by Electronic Theatre Controls, Inc., or equal. a. Connections shall be made between lighting system components over standard Ethernet distribution systems using 10/100BaseT. b. The server shall be tested to UL standards and labeled ETL Listed c. The server shall be RoHS Compliant (lead-free) d. The server shall be CE compliant B. Mechanical a. The Central Control Server (P-CCS) assembly shall be designed for use with Unison Paradigm Series Control Systems b. P-CCS electronics shall be contained in a single assembly. i. The assembly shall be housed in a formed steel body Page 10 Irving Arts Center Irving, TX ii. The server shall be fabricated of 16-gauge steel, finished in finetexture, scratch-resistant, powder coat paint iii. Mounting holes shall be provided for installation of a rack mount kit c. User Interface i. The P-CCS power button shall be backlit for use in low-light conditions. d. The P-CCS shall provide a Universal Serial Bus (USB) port on the front panel for transfer of configuration data. e. The P-CCS shall provide rear-panel connections for (2) RJ45 jack for Ethernet connection to the processor for configuration, Virtual Touchscreen (VTS) and web-browser-based system access. f. Architectural Lighting System configuration and program information shall be stored in solid state memory, which does not require battery backup. i. The P-CCS shall provide a hard drive for storage of system configurations C. Electrical a. The P-CCS shall support 100-240VAC power input and utilize an external transformer power supply b. The P-CCS shall allow for nearly silent operation c. The server shall utilize microprocessor based, solid state technology to provide multi-processor lighting and building control d. The server shall provide two IEE802.3u Ethernet connections for 100BASE-TX communication with the lighting control system i. The Primary Ethernet port shall be reserved for connection to the lighting control system ii. The Secondary Ethernet connection shall be used for interface with BACnet IP enabled building systems iii. Both Connections shall support Virtual Touchscreen (VTS) functionality e. Following a loss of power, the P-CCS shall return to its previous power state upon power being restored D. Environmental a. The ambient operating temperature shall be 0° to 40°C (32° to 104°F) b. The storage temperature shall be -40° to 70°C (-40° to 158°F) c. The operating humidity shall be 5% - 95% non-condensing E. Functional a. Capacity i. Shall support up to 48 Paradigm Architectural Control Processors (ACP) ii. Shall support up to 12 individual projects b. System i. Shall support multi-user LiveControl and LiveEdit simultaneously ii. System shall support the use of Network Time Protocol for real time clock synchronization iii. System shall support remote firmware upload over an Ethernet connection from a connected PC running the LightDesigner software iv. Failure of a single Processor shall not prohibit continuing operation of the remaining connected system Page 11 c. d. e. f. Irving Arts Center Irving, TX v. Shall log system error messages using Syslog vi. The server shall support ANSI E1.17 Architecture for Control Networks (ACN) 1. Servers that do not support ANSI E1.17 shall not be acceptable vii. The server shall support ANSI/ ASHRAE BSR135.1 BACnet IP protocol. 1. Servers that do not support BSR135.1 shall not be acceptable Diagnostics i. Shall output an Event log using Syslog format ii. Standard log shall store a fixed-length history of recent activity iii. Separate critical log shall only store important messages (such as boot-up settings) Configuration Data i. Configuration Data can be uploaded over an Ethernet connection from a PC running the LightDesigner application ii. Configuration Data can be retrieved from any connected Paradigm Processor iii. Configuration Data may be loaded to and from removable media (USB) access provided on front panel iv. Configuration Data for the entire System shall be available for download from any Processor or Central Server v. Configuration Data shall be stored on solid-state media Scalability i. Adding additional Processors to a Server System shall proportionately increase its overall capabilities up to a maximum System size ii. The maximum number of Processors configured as a single System shall be at least 12. iii. The maximum number of Paradigm Processors supported by a single Server configuration shall be at least 48 iv. Multiple Processors shall utilize the Ethernet network to remain time synchronized and share control information v. Multiple Processors shall utilize the Ethernet network to maintain configuration data synchronization as modifications are made vi. It shall be possible for multiple Systems to coexist on the same physical network with logical isolation between Systems vii. Shall provide building management interface separate from the Lighting Network using BACnet IP 1. Shall allow for system Timed Event scheduling from another device viii. Shall allow remote use of the customized Virtual Touchscreen Application (VTS) Web User Interface i. Shall be an internal web server accessible via the primary Ethernet port ii. Shall support common web browsers on Windows and Mac OS platforms Page 12 Irving Arts Center Irving, TX iii. Shall provide functionality to Activate and Deactivate Presets iv. Shall provide functionality to schedule timed events (add/delete) v. Shall display status information vi. Shall display log files vii. Shall allow for configuration of Processor settings (date, time) viii. Shall allow for upload and download of configuration data ix. There shall be links to other web-enabled devices in the System, including other Paradigm Processors g. Virtual Touchscreen Stations i. A Virtual Touchscreen (VTS) interface shall be supported from the Central Control Server ii. General 1. Virtual Touchscreen stations shall support default and fully graphical control pages. 2. The Virtual Touchscreen station shall operate using graphic buttons, faders and other images with support for at least 30 separate programmable control pages. 3. Virtual Touchscreen stations shall also allow programming of page pass-code, lock out and visibility levels. iii. Functional 1. System a. The Virtual Touchscreen shall support configuration firmware upload from a Paradigm Central Control Server as proxy b. The Virtual Touchscreen shall support client application download from the Paradigm Central Control Server c. A minimum of 48 Virtual Touchscreens Stations shall be supported for the Central control Server d. Virtual Touchscreens shall support user configurable resolutions up to 1080 HD (1920 x 1080) e. Virtual Touchscreen Station shall support configuration form ControlDesigner Software 2. Setup Mode a. There shall be a setup display that is separate from any user-defined configuration b. It shall be possible to view and modify connectivity settings c. It shall be possible to view status information d. The appearance of the setup display shall be standard and not editable e. The setup display may be invoked from within the user-defined configuration and/or physical button on the Virtual Touchscreen f. There shall be a default protected method to invoke the setup display 3. Configurations a. Only one VTS configuration may be active on a single interface Page 13 Irving Arts Center Irving, TX b. Where multiple configurations are stored there shall be a boot menu to allow selection of a configuration c. Each configuration shall be identified as a different Station within the System 4. Operation a. The Unison Paradigm Control System shall be designed to allow control of lighting and associated systems via Virtual Touchscreen controls. System shall allow the control of presets, sequences, macros and time clock events. b. System macros and sequences shall be programmable via LightDesigner system software. c. System time clock events shall be programmable via the Virtual Touchscreen, LightDesigner system software, the processor user interface, or the internal web server. d. Time clock events shall be assigned to system day types. Standard day types include: anyway, weekday, weekend, Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and Saturday. System shall support programming of additional custom or special day types. e. Time clock events shall be activated based on sunrise, sunset, time of day or periodic event. System shall automatically compensate for regions using a fully configurable daylight saving time. f. A Color picker, supporting Hue, Saturation and Brightness (HSB) color selection shall be available for color selection of color changing fixtures and provide visual feedback of the current color produced by the associated fixture. i. The color picker shall be provided with a default layout that requires no user configuration ii. The Color Picker shall provide RGB faders in addition to the default HSB color wheel for color selection iii. Color picker values shall allow for numerical value input in addition to color wheel and fader control iv. The color picker shall be compatible with color mixing systems that use up to seven discrete color control channels g. Virtual Touchscreen stations shall be designed to operate standard default or custom system functions. Components shall operate default functions unless reassigned via LightDesigner, the Windows-based configuration program. Page 14 2.04 Irving Arts Center Irving, TX i. Optional button functions include: preset selection, manual mode activation, record mode activation, station lockout, raise, lower, macro activation, and cue light, or room join/separate. ii. Optional fader functions include master control, individual channel control, fade rate control or preset master control. STATION POWER MODULES A. Station processor Modules a. The Station Power Module shall be the Unison Paradigm P-SPM Series Station Power Module as manufactured by Electronic Theatre Controls, Inc., or equal. b. Mechanical i. The Station Power Module (SPM) assembly shall be designed for use in DRd Series or ERn Rack Enclosures ii. The SPM shall convert input power into low-voltage (Class II) power with data line and a secondary auxiliary low-voltage line to energize button, button/fader, touchscreen, and interface devices for multi-scene lighting and building control. iii. SPM module shall be contained in a plug-in assembly. 1. The module shall be housed in a formed steel body and contain no discrete wire connections. a. No tools shall be required for module removal or insertion. iv. The SPM shall be convection cooled. v. User Interface 1. The SPM shall utilize light emitting diodes (LED' s) to indication function, status and fault. vi. The SPM shall be secured behind the locking door. vii. Wall-mounted, direct wire and 19" rack-mount, connectorized repeater and dual-repeater variants shall be available from the same manufacturer where required on the project. c. Electrical i. The SPM shall require no discrete wiring connections; all wiring shall be terminated into the dimming enclosure, unless required by a variant ii. The SPM shall require line-voltage power supplied by the contractor, terminated inside the dimming or control enclosure. iii. The SPM shall be hot-swap capable. iv. The SPM, in conjunction with a matching Architectural Control Processor (ACP), shall support Echelon LinkPower communications with remote devices, including button, button/fader, touchscreen and interface stations, and shall interoperate with LonMARK-approved third-party devices. 1. The LinkPower network shall utilize polarity-independent, low-voltage Class II twisted pair wiring, type Belden 8471 (unshielded) or Belden 8719 (shielded) or equivalent. One # Page 15 Irving Arts Center Irving, TX 14 AWG drain wire will be required for system not using grounded metal conduit. 2. The LinkPower network shall be topology free. Network wiring may be bus, loop, home run, star or any combination of these. 3. Link power wiring shall permit a total wire run of 1640 ft. (500m) a. Repeaters allow an additional wire run of 1640 ft. (500m) b. Dual-repeaters allow two additional wire runs of 1640 ft. (500m) 4. Link power wiring between stations shall not exceed 1313 ft. (400m). v. The SPM shall support auxiliary power for certain remote devices, including touchscreen and interface stations, as required by the device. 1. The auxiliary power network shall utilize polarity-dependent, low-voltage Class II wiring, consisting of two # 16 AWG wires. 2. Auxiliary wiring shall permit a total wire run of 1640 ft. (500m) a. Repeaters allow an additional wire run of 1640 ft. (500m) b. Dual-repeaters allow two additional wire runs of 1640 ft. (500m) 3. The SPM shall supply 1.25 amps at 24v DC continuously. d. Functional i. Capacity 1. Each SPM shall a. Supply power for up to 32 button and button/fader stations. i. Repeaters and dual-repeaters allow 30 additional stations, 62 total b. Supply auxiliary power for a similar number of interface stations. c. Shall supply auxiliary power for up to four Touchscreen stations, when a like number of other stations are deducted from the total. i. Repeaters and dual-repeaters allow two additional Touchscreens (six total) when a like number of other stations are deducted from the total. ii. Operation 1. The SPM shall not require configuration or programming. 2. The SPM shall automatically detect faults in the wiring, indicate the fault, including the fault polarity, and shut down the output power. Page 16 Irving Arts Center Irving, TX a. The SPM shall automatically reset when the fault is clear, and can be manually reset by removing and reinserting the module. 2.05 POWER CONTROL ELECTRONICS A. General a. The Power Control electronics shall be contained in one plug Power Controller. Each power controller shall plug into a dimming cabinet with no need for tools or discrete wire connections. A simple user interface shall be provided for group configuration, testing and diagnostics. The Power Control System shall be Sensor 3 as manufactured by Electronic Theatre Controls, Inc. b. Power control shall be UL/cUL Listed and CE Marked. Power and dimming control that require tools for removal of control electronics shall not be acceptable. B. Physical (Control Interface) a. The control electronics shall be contained in one plugmodule, housed in a formed steel body with cast-aluminum face panel, and self-retaining ejection handles to ease removal from the rack. b. A backlit eight-line by 20-character graphical LCD shall be provided for system configuration, live control and status display. c. The following features shall be available in power control to reduce setup and tech times: i. Full number pad shall be provided for quick access to dimmers. Power Control that does not provide 0-9 number pad and logic keys for AND, THRU, and AT for fast access, selection, and control of circuit/dimmer numbers shall not be acceptable. ii. Power control shall provide NEXT and LAST buttons to progress through individual circuits/dimmers during pre-show lighting checks for lamp burnouts. iii. Shortcut buttons for Setup, About and live control shall be provided. These functions shall be separated in such a way that user intending to check status or settings does not accidentally render their system unusable. These buttons shall also serve to reduce maximum time to access any feature or setting on a single dimmer, range of dimmers or an entire rack. d. The front panel shall have five status LED indicators: power, network activity, DMX A, DMX B, and panic state. C. Control Signals and Physical Communications Media ports a. The power control shall be provided with an Ethernet control signal input. This input shall be fully configurable with a range of patching and priority programming capabilities. The Ethernet signal shall supply seamless integration between the dimmer racks and both the entertainment and architectural lighting control systems. The Ethernet signal shall also enable remote configuration, playback, file storage and monitoring features on a personal computer on the network. Dimming systems that require Ethernet to DMX translation devices for control of critical show lighting introduce a potential failure point and shall not be acceptable. Page 17 Irving Arts Center Irving, TX b. All data and power input for control electronics shall be located on a separately removable/pluggable termination connector on the backplane such that backplane can be replaced without removal and discrete secondary conductor terminations. Systems that do not support tool-less replacement or that require removal of wires connected directly to the control electronics shall not be acceptable. c. Dimming systems that require discrete termination of DMX, Ethernet, power input, and dimmer control output directly on terminals on the power control or pluggable backplane shall not be acceptable. d. DMX connections shall be available with option for pluggable screw or punch-down type terminal. Systems that do not allow this option do not support both DMX over CAT5 and mutli-strand conductors shall not be acceptable. e. Ethernet connection shall be available via standard Cat5 RJ45 connection. System requiring punch down direct to rack or controller cannot be Cat5 system certified and shall not be acceptable. f. Power Control shall provide a convenience Ethernet uplink to the lighting network at the front face of the control module. Network capable 3rd party control and monitoring devices shall be provided full access to control, editing and real time feedback. g. The following options shall be available to backup all controller setup UL924 Panic configuration, and recorded presets: i. Automatic backup in non-volatile backplane memory ii. Automatic backup in non-volatile Controller memory iii. 3rd party FTP server iv. USB storage device pluggable on the controller face panel v. Data shall also be transferable to and from library storage on a personal computer on a per-rack basis h. The power controller shall directly support the following network protocols: i. Net3 protocol suite including ANSI E1.31 Streaming ACN (sACN) ii. ANSI E1.17 Architecture for Control Networks (ACN) iii. Systems that do not support the above listed industry standard ACN protocols for Ethernet setup, control, and feedback integrated directly between the power system and control system shall not be deemed acceptable. i. The power control shall directly support 2 optically isolated ports of ANSI E1.11 USITT DMX512-A for control input. Minimum 2,500V of optical isolation shall be provided between the DMX512 inputs and the electronics. Systems that do not have optical isolation on a prewired factory plug device shall not be acceptable. D. Power Control Features a. The power control shall automatically compensate for frequency variations during operation. b. Dimmer outputs shall exhibit no oscillating or hunting for levels. Dimmers with the same choke type set to the same level shall output within ±1V of each other, regardless of phase or input voltage. Page 18 c. d. e. f. g. h. Irving Arts Center Irving, TX Power control shall maintain proper dimming performance for all line feed frequencies from 47-53Hz and 57-63Hz without flicker or misfire. Shifts in frequencies up to 3 hz shall not result in flicker or loss of dimming timing. Systems that cannot perform to these frequency tolerances and shifts shall not be acceptable. Dimmer output levels shall be regulated for incoming line voltages. The regulation shall adjust for both RMS voltage changes and deformations in the incoming AC waveform. The power control shall monitor and adjust each dimmer's output to maintain a constant power to the load. Regulation shall maintain the desired output voltage ±1V for the entire operating range (91-139V and 181-259 VAC) with the exception that the maximum output will be no greater than the line voltage minus dimmer insulation loss. The regulation shall compensate for dips and anomalies in the AC waveform on a dimmerbasis. There shall be no interaction between dimmers in the system or any other equipment. The output shall be nominally regulated to 115V/230V appropriate for the market, but shall be field adjustable on a dimmerbasis to allow for varying cable length. Systems that cannot maintain perform to the above stated voltage regulation shall not be acceptable. Power control shall support a rack filled with different types and sizes of dimmer modules. The properties of each dimmer shall be configurable, including dimmer name, output curve, dimmer firing mode, and scale voltage values. i. The output curve selections shall include IES Modified Square, Square, Linear, Modified Linear and a Sensor v2.0 output curve. The power control shall also have the capability of storing up to three custom curves as well as an adjustable preheat level, assignable on a per-dimmer basis. ii. Circuit control modes shall include: Always on, Dimmable, Dimmer Doubled, Switched (unregulated on/off with adjustable on-at level), Fluorescent with adjustable threshold and Off. iii. Power Control shall support forward or reverse phase firing of appropriate modules. iv. Dimmers set as Dimmer Doubled shall allow a single dimmer to set two different levels on one dimmer circuit by splitting the AC power into positive and negative half cycles with no resultant DC line current. User programmable parameters shall support onsite setup via the local interface in the rack. These parameters shall include, but not be limited to, defining module type, scale voltage for each dimmer, firing mode, curve, dimmer numbering, and DMX512/sACN network port assignments. Systems requiring factory programming shall not be acceptable. Hardware settings for rack type, available module types, availability of AF features, and operating voltage shall be configurable at the factory or in the field, and shall not require secondary setup after system commissioning even in the event of power controller replacement. Controller shall support two methods of automatic configuration during controller replacement in a rack. Page 19 Irving Arts Center Irving, TX i. Use backplane configuration: The backplane shall retain full setup and preset data in. In this recovery mode, when a new power control is inserted, the controller shall automatically come on-line fully functional without any manual intervention. ii. Use controller configuration: Override backplane configuration such that replacement modules automatically use the configuration resident in nonvolatile memory of the power control i. Controller shall be capable of changing rack setup for multiple shows for an entire system with a single update command from a remote PC. j. In the event of data loss each rack shall maintain the last level for a time (zero to five minutes or indefinitely) or may be programmed to fade out or to play a specific preset. Systems that do not offer this feature shall not be acceptable. k. The power control shall contain diagnostic routines to allow the user to test and troubleshoot the system. The power control shall also contain a Test/Bypass switch to turn all dimmers on to full for testing. This switch shall bypass all electronics and shall force the fan on. Systems that do not include local control, "all on" control bypass, and diagnostic routines shall not be deemed acceptable. l. The power control shall be able to record up to 64 presets in a rack. Presets shall be user programmable by recording a snapshot of current dimmer levels (as set by the all control sources), by entering dimmer levels on the power control directly or by a combination of both methods. The system shall have the ability to program and activate group presets from the power control, remote station, console, networked computer or handheld device. Presets shall be activated in the default fade time of 2 seconds, but shall be have a user-programmable fade time between 0 and 60 minutes. m. A system panic (emergency UL924) activation circuit shall be provided. Any dimmer in any rack may be assigned to the panic circuit. The panic closure shall be maintained. Upon activation the system shall: i. Force all circuits selected to be included in panic to a master level between 80-100% ii. Optionally force all non-panic dimmers to zero iii. Provide configurable fade time to and from "emergency" state iv. Provide configurable delay to and from "emergency" state n. DMX A and B as well as the Ethernet DMX (EDMX) data may be patched using a rack start address - assigned sequentially from a starting control channel or patched individually on a per-dimmer basis. Priority may be set per universe for the DMX inputs, and set per universe by the control source for Ethernet input. Each dimmer may have up to six network control inputs with either a highest takes precedence or priority patch. Each dimmer may also then be assigned to one of 16 spaces for additional specific preset control. Each preset shall have a separate priority for maximum flexibility of prioritization. Systems that do not support prioritization of multiple Ethernet sources beyond HTP shall not be acceptable. Systems that do not support the above listed flexibility in control source prioritization shall not be acceptable. Page 20 Irving Arts Center Irving, TX o. Power control shall provide the ability to set a single circuit, all circuits or a range of circuits to a level at the control interface in the rack. Systems that cannot locally control dimmers through local control override shall not be acceptable. p. The power control shall be capable of monitoring and displaying incoming line voltage for all three phases on the LCD. With installed current sensors, the same display shall show amperage on each phase. q. The power control shall support security protected accessuser shall to able to program passwords that restrict access, preventing unauthorized use of higher-level functions by unauthorized personnel Systems that do not provide security protected access to features that can render the system unusable shall not be acceptable. r. Advanced Features (AF) option shall add an additional sensor in the individual dimmer modules. This option shall allow monitoring of current and output voltage on a dimmerbasis and provide information on lamp burnouts, dimmer status and input voltages. s. Power control shall allow the user to record the loads of all AF dimmers in the system. The power control shall, during operation, test each AF dimmer, determine its load and compare it to the recorded load. Any change from recorded loads of configured tolerance shall display an error on the power control and any monitoring device on the network. If a dimmer is driven on with no load, an optional message shall be available to notify the console operator and electrician that there is no load. E. Connect to Console Communications a. The Ethernet network shall provide an integral link to connect all racks in the system for remote rack-to-console and rack-to-network device communication of the below listed features of real-time control, configuration, and status/feedback using industry standard ANSI E1.17 ACN lighting protocol. Power control and dimming systems that do not use this protocol shall not be permitted. Reported system errors shall be given ACN access to be cleared remotely at the console with exception of system critical errors that require a person to go directly to the rack to manually clear the exiting fault. b. Control i. E1.31 sACN control ii. Activate/Deactivate rack presets iii. Set/Unset circuit levels as overrides to Preset, DMX, and sACN control iv. Lock relays into On/Off/Remote switching states without patching to a console. v. Lock dimmers into non-dim mode with On/Off/Remote switching states without patching to a console. c. Remote console configuration shall include, but not be limited to, real time reporting and editing the following: Page 21 Irving Arts Center Irving, TX i. Circuit' s control mode 1. Dimmable 2. Switched 3. Latch-lock 4. Always on 5. Off 6. Fluorescent ii. Curves iii. Control threshold iv. Min Scale Voltage v. Max Scale Voltage vi. Preheat vii. Scale load d. Standard rack feedback - Rack status messages shall include, but not be limited to, real time reporting of the following: i. Identification 1. Rack type 2. Rack name 3. Rack number ii. State of UL924 panic closure iii. DMX port A or B has an error or has failed iv. Network has an error or has failed v. Phase A, B or C is below 90 volts vi. Phase A, B or C is above 139 volts vii. Phase A, B or C did not start because it was outside of allowable voltage ranges at power up viii. Phase A, B or C voltage headroom warning ix. Frequency is not 50 or 60 Hz x. Ambient temperature is below 0°°C/32°°F xi. Ambient temperature is above 40°°C/104°° xii. System Critical-Ambient temperature exceeds 46°°C/115°°F xiii. Configuration memory error xiv. Run hours remaining before rack filter needs to be cleaned xv. IP address of the controller in the rack xvi. Software version of the controller in the rack e. Standard branch circuit feedback - Ethernet console access of the following circuit status shall be provided: i. Module type ii. Circuit location iii. Patched circuit addresses iv. Output level v. Control Source vi. Overtemp f. Advanced branch circuit feedback - Dimmer Specific status messages shall include, but not be limited to, the following: i. Load has dropped below recorded value ii. Load has raised above recorded value iii. DC detected on dimmer output iv. One SCR has failed on/off Page 22 2.06 Irving Arts Center Irving, TX v. Dimmer has failed off or circuit breaker has tripped vi. Dimmer has been removed vii. Dimmer load has failed viii. Dimmer has shut down due to over temperature POWER CONTROL SYSTEM A. General a. The installation rack shall be the Sensor3 120V as manufactured by Electronic Theatre Controls, Inc., or equal. The Power Control System enclosure shall consist of up to 48 module spaces. B. Electrical a. Sensor3 racks shall operate at 120V, three phase, four wire + ground, 4753 or to 57-63 Hz at 800 amps max. Other voltage and phase options are available upon request. Sensor racks shall automatically compensate for frequency variations during operation. Provisions shall be made for optional amp trap devices for fault current protection. Standard SCCR fault current protection shall be 100,000A b. All load and neutral terminals shall accept up to #4 AWG (25mm2) wire. Systems providing smaller terminals do not allow contractor wire sizing flexibility and shall be deemed unacceptable. c. Load terminals shall be located at the front of the wiring cavity. Front access racks having terminals located at the back of the rack or on the side near the back of the rack such that adjacent load cabling may block terminal access shall not be acceptable. C. Electronics a. Power control electronics (CEM3) shall be contained in a single module that can be plug-in capable without use of tools. Power control and dimming systems that require tools for removal of control electronics shall not be acceptable. b. All data and power input for CEM3 control electronics shall be located on a separately removable/pluggable termination connector on the backplane such that backplane can be replaced without removal and discrete secondary conductor terminations. Systems that require discrete termination of DMX, Ethernet, power input, and dimmer control output directly on terminals on the control module or pluggable backplane shall not be permitted. c. The power controller shall directly support the following network protocols: i. Net3 protocol suite including ANSI E1.31 Streaming ACN (sACN) ii. ANSI E1.17 Architecture for Control Networks (ACN) d. The power controller shall directly support 2 ports of control input using ANSI E1.11 USITT DMX512-A e. Control signals shall be sent between control module and dimmer/power modules using flat ribbon cables. Systems using cat5 cable and rj45 connections or discrete hand wired conductors as sole physical communication media between control module and dimmer/power modules shall be considered long term unreliable and shall be not be acceptable. Page 23 Irving Arts Center Irving, TX f. System shall provide an optional low voltage connection to maintain power of control electronics through brown out, instantaneous, and sustained power outages. Systems that do not provide optional low voltage backup power connection to the power controller shall not be acceptable. g. Control electronics shall be housed in a formed steel body with castaluminum face panel. D. Physical a. The Sensor3 rack shall be a free-standing, dead-front switchboard, substantially framed and enclosed with 16 gauge, formed steel panels. All rack components shall be properly treated, primed and finished. Exterior surfaces shall be finished in fine-texture, scratch-resistant, epoxy paint. Removable top and bottom panels shall facilitate conduit termination on the 48 module rack. Knockouts shall serve the same purpose on 12 and 24 module racks. b. Sensor3 racks shall be available in three sizes, with the following dimensions. i. SR3-12 (12 module) 25.8"H x 14.8"W x 13.3"D ii. SR3-24 (24 module) 45.8"H x 14.8"W x 16.8"D iii. SR3-48 (48 module) 83.1"H x 14.8"W x 22.8"D c. Racks shall be designed for front access to allow back-to-back or side-byside installation. d. Racks shall be designed to allow easy insertion and removal of all modules without the use of tools. Supports shall be provided for precise alignment of modules into power and signal connector blocks. With modules removed, racks shall provide clear front access to all load, neutral and control terminations. Racks that require removable panels to access load, neutral or control terminations shall not be acceptable. e. An optional bus bar kit shall be available from the factory to allow adjacent racks to be powered by a single line feed. No soft buss rack-to-rack wiring shall be required. Racks that require discrete cabling to connect adjacent racks shall not be acceptable. f. Module spaces shall be mechanically keyed to accept only the 20A or below, 50A, or 100A module specified for that space. Racks that allow modules of varying wattages to plug into the same space shall not be acceptable. The rack shall be configurable to accept mixed dimmer types and sizes throughout the rack. g. Each rack shall provide a lockable full-height door containing an integral electrostatic air filter that shall be removable for easy cleaning. A single low-noise fan shall be located at the top of each rack. Design of the rack and modules shall draw all cool air intake air through the integral electrostatic air filter at the front of the rack, discretely through each module housing and directly out the top of the rack such that exhausted hot air from adjacent modules does not heat the module(s) above, below, or to the side of each other. System designs that draw the same heated air through multiple modules shall not be acceptable. h. The fan shall maintain the temperature of all components at proper operating levels with dimmers under full load, provided the ambient temperature of the dimmer room does not exceed 40°C/104°F. Racks that Page 24 2.07 Irving Arts Center Irving, TX do not employ both locking doors and electrostatic air filters shall not be acceptable. i. The fan shall turn on whenever any circuit in the system is activated. In the event of an over-temperature condition, only the affected dimmer module(s) shall shut down and a message shall appear on the control module LCD. The fan shall remain on during thermal shutdown of individual dimmer modules. Systems that do not include over-temperature sensing and preventative thermal shutdown shall not be acceptable. j. A fan sensor shall be provided. In the event of momentary fan failure, error message will be displayed and sent remotely over Ethernet to optional logging systems. Systems that do not provide optional system event logging shall not be deemed acceptable. k. If the ambient room temperature drops below 0°C/32°F or rises above 40°C/104°F, a warning shall appear on the dimmer rack LCD. If the temperature rises above 46°C/115°F, the rack shall shut down until the condition is corrected. l. A 3 x .5inch LED status indicator (beacon) shall be mounted in the rack door. The beacon shall be visible throughout a wide viewing angle. In normal operating conditions, this LED is illuminated. If the rack' s control module senses an error condition, the beacon shall flash until the error is corrected. An optional indicator shall be available for remote locations. Racks have no external means of visually showing that an error is present shall not be acceptable. CONSTANT MODULES A. Mechanical a. ETC constant modules shall be designed for use with Unison or Sensor dimming racks. b. Constant modules shall consist of a heavy-duty, die-cast aluminum chassis with an integral faceplate. All parts shall be properly treated, primed and finished in fine-texture, scratch-resistant gray epoxy powder coat. c. With the exception of the circuit breaker, the module shall contain no moving parts. d. Each module shall be labeled with the manufacturer's name, catalog number and rating. B. Electrical a. Each module shall consist of the following components: i. Two single-pole circuit breakers 1. Circuit breakers shall be fully magnetic so the trip current is not affected by ambient temperature. 2. Circuit breakers shall be rated for tungsten loads having an inrush rating of no less than 20 times normal current. 3. Circuit breakers shall be rated for 100 percent switching duty applications. ii. Power and control connectors. 1. Modules shall not have any protruding pins subject to physical damage when the module is not installed. Page 25 2.08 Irving Arts Center Irving, TX 2. The module shall accept hot patching of a cold incandescent load up to the full rated capacity. 3. Standard SCCR fault current protection shall be 100,000 at 120V and 24,000 at 230V, 240V and 277V. DIMMER MODULES A. General a. The dimmer modules shall be the Sensor dimmer modules as manufactured by Electronic Theatre Controls, Inc., or equal. Sensor dimmer modules shall be designed for dependable, economical service in theatrical and video applications. B. Electrical a. Each dimmer module shall contain two single-pole circuit breakers, a solid-state switching module, associated toroidal filters, and power and control connectors. b. Modules shall not have any protruding pins subject to physical damage when the module is not installed. c. Modules shall be keyed so that dimmer modules of different capacity shall not be interchangeable. d. Circuit breakers shall be fully magnetic so the trip current is not affected by ambient temperature. Circuit breakers shall be rated for tungsten loads having an inrush rating of no less than 20 times normal current. Circuit breakers shall be rated for 100 percent switching duty applications. Dimmers that do not operate continuously at 100% load shall not be acceptable. C. SCR Assembly a. Each dimmer module shall use a solid state module (SSM) consisting of two silicon-controlled rectifiers (SCRs) in an inverse parallel configuration, and all required gating circuitry on the high voltage side of an integral, opto-coupled control voltage isolator. Rectifiers, copper leads and a ceramic substrate shall be reflow soldered to an integral heat sink for maximum heat dissipation. The SSM shall also contain a control LED, a thermistor for temperature sensing, and silver-plated control and load contacts. The entire SSM shall be sealed in a plastic housing requiring only a screwdriver to replace. Dimmers employing triac power devices, pulse transformers, or other isolating devices not providing at least 2,500V RMS isolation, shall not be acceptable. Dimmer modules requiring disassembly, heat sink grease or additional tools for repair shall not be acceptable. b. All electronic components (current/voltage sensors and indicators) shall be contained in a single, field-replaceable housing. Modules requiring discrete wiring of electronic components shall not be acceptable. c. SCR power switching devices shall have the following minimum ratings: D. Module Size: E. 15 A F. 20A G. Single cycle: Peak surge current H. 625A I. 625A J. Half cycle: 12T K. 1,620 L. 1,620 Page 26 Irving Arts Center Irving, TX M. Transient over voltage N. 600V O. 600V P. Die size (in) Q. .257 R. .257 S. Filtering a. Dimmer modules shall include toroidal filters to reduce the rate of current rise time resulting from switching the SCRs. The filter shall limit objectionable harmonics, reduce lamp filament sing and limit radio frequency interference on line and load conductors. Modules shall offer 350 or 500 uS. filter rise times. Rise time shall be measured at the worst case slew rate (about 50 percent) from 10 to 90 percent of the output wave form with the dimmer operating at full load. b. All dimmers shall maintain their published rise time and/or fall time regardless of duty cycle or rack temperatures. Dimmers that derate due to increased dimmer temperature caused by full load operation or high phase angles shall not be acceptable. T. Performance a. Power efficiency for standard dimmers shall be at least 97 percent at full load with a no-load loss of 3V RMS. The dimmer shall accept hot patching of a cold incandescent load up to the full rated capacity of the dimmer. U. Physical a. Dimmer modules shall be fully plug-in and factory wired. Dimmer modules shall consist of a heavy duty, die-cast aluminum chassis with integral face panel. No tools shall be required for module removal and insertion. All parts shall be properly treated, primed and finished in fine-texture, scratch resistant, gray epoxy powder coat. With the exception of the circuit breaker, the module shall contain no moving parts. Each module shall be labeled with the manufacturer's name, catalog number and rating. Modules constructed of molded plastic for structural support are not equivalent and are not acceptable. Dimmer modules shall be UL Recognized. 2.09 UNISON ERN SERIES CONTROL ENCLOSURES A. Control Enclosures a. The control enclosure shall be the Unison ERn Series Control Enclosure as manufactured by Electronic Theatre Controls, Inc., or equal. b. Mechanical i. The External Processing enclosure shall be a surface mounted panel constructed of 18 gauge formed steel panels with a hinged, lockable full-height door containing an integral electrostatic air filter. 1. The enclosure door shall have an opening to allow limited access to the control module face panel. 2. Enclosures shall be convection cooled without the use of fans. ii. Control Enclosures shall be sized to accept one or two Control Processors and one or two Station Power Modules, including various options and accessories. Page 27 iii. iv. v. vi. vii. viii. Irving Arts Center Irving, TX 1. The Control Enclosure for a single control processor (ERn2) shall support a single Station Power Supply module; The Control Enclosure for 2 control processors (ERn4) shall support a quantity of 2 modules. All enclosure components shall be properly treated and finished. 1. Exterior surfaces shall be finished in fine textured, scratch resistant, powder based epoxy paint. Enclosure(s) shall also be available in a 19" rack mounted (RM) version. 1. Rack-mounted version shall have an independent enclosure suspension kit, with a full height, locking door/cover attached to the kit. 2. Rack-mounted version shall have an opening to access the control module face panel, and openings to view indicators on option modules. Enclosure dimensions and weights (without modules) shall not exceed: 1. ERn2 - 15" W x 9" H, 10" D, 15 lb 2. ERn2-RM - 19" W 11"H 10" D, 20 lb. 3. ERn4 - 15" W x 14" H x 10" D, 20 lb. 4. ERn4-RM - 19" W x 16" H x 10" D, 25 lb. Top, bottom, and side knockouts shall facilitate conduit entry. Enclosures shall be designed to allow easy insertion and removal of all control and option modules without the use of tools. 1. Supports shall be provided for precise alignment of modules into power and signal connector blocks. 2. With modules removed, enclosures shall provide clear front access to all power and control wire terminations. Option Modules 1. Ethernet Switch a. The Control Enclosure shall support an optional 5-port Ethernet Switch, with at least 4 ports supplying Power over Ethernet (PoE). b. The Ethernet Switch module shall be 100BaseTX, auto MDI/MDIX, 802.3af PSE compliant. c. The Ethernet Switch module shall contain power, status, and activity indicators. All indicators shall be visible when the enclosure door is open for both rack and wall mounted ERn. 2. Redundant Power Supply (RRPS) a. The Control Enclosure shall support an optional redundant power supply which shall automatically provide power to the control electronics upon failure or removal of the primary power supply. b. The redundant power supply shall assert itself seamlessly without a loss of power to the control electronics. c. The redundant power supply shall seamlessly remove itself when the primary power supply is reengaged. Page 28 Irving Arts Center Irving, TX d. The redundant power supply shall provide visible indication that it is active. 3. Station Bus Repeaters (ERn4 only) a. The Control Enclosure shall support an optional module to expand the station bus length an additional 400 meters, and the station count an additional 30 stations (60 maximum per processor/enclosure) b. Wall-mount and 19" Rack-Mount versions shall also be available to support mid-span insertion away from the Control Enclosure. 4. Station Bus Dual Repeaters (ERn4 only) a. The Control Enclosure shall support an optional module to expand the station bus length to two additional 400 meter segments (a total of 1200 meters from a single enclosure, and the station count to 60 stations (60 maximum per processor/enclosure). b. Wall-mount and 19" Rack-Mount versions shall also be available to support mid-span insertion away from the Control Enclosure. ix. Accessories 1. RideThru Option (RTO) a. The Control Enclosure shall support an optional, short-term back-up power source for the control electronics. b. RideThru Option (RTO) provides power for controls electronics during brief power outages or drop outs. c. The short-term back-up power source shall automatically engage upon the loss of normal power, seamlessly transitioning the supply power for the control electronics power to itself. d. The short-term back-up power supply shall detect the return of normal power, and seamlessly return the control electronics to normal power. e. The short-term back-up power source shall support the control electronics for at least 10 seconds. 2. BatteryPack Option (BPO) a. The Control Enclosure shall support an optional, longterm back-up power source for the control electronics. b. The long-term back-up power source shall automatically engage upon the loss of normal power, seamlessly transitioning the supply power for the control electronics power to itself. c. The long-term back-up power source shall supply power to the control electronics for at least 90 minutes. d. The long-term back-up power supply shall detect the return of normal power, and seamlessly return the control electronics to normal power. Page 29 Irving Arts Center Irving, TX e. A test switch/indicator shall be available without opening the rack door or removal of any modules/components. c. Electrical i. External Processing enclosures shall be available in 100, 120, 230 and 240 volt, single-phase configurations. ii. External Processing enclosures shall be completely pre-wired by the manufacturer. The contractor shall provide input and control wiring. iii. External Processing enclosures shall be designed to support the following wire terminations: 1. AC (single phase) 2. Echelon link power (Belden 8471 or equivalent) 3. 24Vdc (2- 16AWG Wire) 4. DMX512A Port A (In or Out) (Belden 9729 or equivalent) 5. DMX512A Port B (In or Out) (Belden 9729 or equivalent) 6. RS232 Serial In/Out (Belden 9729 or equivalent) 7. Unshielded Twisted Pair (UTP) Category 5 Ethernet 8. Contact Closure In (14AWG to 26AWG Wire) 9. Contact Closure Out (14AWG to 26AWG Wire) a. Contact Closure Out shall provide 1A @ 30vDC iv. Station Power Modules 1. Station power supply modules shall provide LinkPower for at 32 stations and 1.5A@24VDC of Auxiliary (AUX) power. 2. Station power repeater modules shall provide LinkPower for 30 stations and1.5A@24VDC of Auxiliary (AUX) power. 3. Station power module shall support over-current/short protection for LinkPower and Aux. LinkPower shall support fault detection on each leg of the balanced data bus. v. All control wire connections shall be terminated via factory provided connectors. d. Thermal i. Ambient room temperature: 0-40°C / 32-104°F ii. Ambient humidity: 10-90% non-condensing 2.10 BUTTON AND FADER STATIONS A. Stations a. Button Stations i. The Lighting Control Stations shall be the Unison Heritage UH Series Control Stations as manufactured by Electronic Theatre Controls, Inc., or equal. ii. Mechanical 1. Unison Heritage Button stations shall operate using up to ten programmable buttons. 2. All button stations shall be available with white, cream, ivory, gray or black faceplates, and buttons. a. Manufacturer's standard colors shall conform to the RAL CLASSIC Standard. Page 30 Irving Arts Center Irving, TX 3. Stations shall have indicator lights at each button or fader. a. Indicators shall be comprised of red, green and blue LED's b. Indicator color and state (steady On, Blink, Off) shall be configured in software, and shall operate relative to the button or fader it is associated with. 4. All faceplates shall be designed for flush or surface mounting. 5. Station faceplates shall be constructed of ABS plastic and shall use no visible means of attachment. 6. Station faceplates shall be indelibly marked for each button or fader function. 7. The manufacturer shall supply back boxes for flush mounted half gang stations and for all surface mounted stations. 8. All Button stations shall be shall be designed to accept the infrared signal from a remote hand held IR transmitter. a. The stations shall have a 60° reception angle and shall operate reliably within a 45' distance. 9. IR Transmitters shall be available in five or ten button configurations. a. IR transmitters shall be mounted in a hand-held black plastic controller. b. Transmitter dimensions shall be 1.875" wide, 6.625" long and 0.60" deep. iii. Electrical 1. Unison control station wiring shall be an Echelon® Link power network. a. Link power shall utilize low-voltage Class II unshielded twisted pair, type Belden 8471 or equivalent, and one #14 ESD drain wire (when not installed in grounded metal conduit). b. Network wiring may be bus, loop, home run, star or any combination of these. c. Wiring termination connectors shall be provided with all stations. 2. Button Stations shall offer the following Regular markings a. UL and cUL LISTED b. CE Market c. RHoS and WEE Compliant iv. Functional 1. The Unison Paradigm Control System shall be designed to allow control of lighting and associated systems via Button, Button/Fader, and Interface or Astronomical time clock controls. System shall allow the programming of presets, sequences, macros and time clock events. a. System presets shall be programmable via Button stations, Touchscreen stations, and LightDesigner software. Page 31 Irving Arts Center Irving, TX i. Presets shall have a discrete fade time, programmable from zero to 1,000 hours with a resolution of one millisecond. ii. Presets shall be selectable via button, fader, IR transmitter, time clock event, macro activation or switch interface stations. b. System macros and sequences shall be programmable via LightDesigner system software. i. Macro and sequence steps shall provide user selectable steps, and allow the application of conditional logic. ii. Macro and sequences shall be activated by button, time clock event or LightDesigner software. c. System time clock events shall be programmable via LightDesigner system software, the processor user interface, or the internal web server. i. Time clock events shall be assigned to system day types. Standard day types include: anyway, weekday, weekend, Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and Saturday. System shall support programming of additional custom or special day types. ii. Time clock events shall be activated based on sunrise, sunset, time of day or periodic event. System shall automatically compensate for regions using a fully configurable daylight saving time. 2. Control components shall be designed to operate default or custom system functions. Components shall operate default functions unless re-assigned via LightDesigner, the software-based configuration program. a. Optional button functions include: preset selection, manual mode activation, record mode activation, station lockout, raise, lower, macro activation, or room join/separate. b. Optional fader functions include manual master control, individual zone control, fade rate control or preset master control. 3. Stations (Button and Button/Fader) shall allow programming of station and component electronic lockout levels via LightDesigner. b. Fader Stations i. The Lighting Control Stations shall be the Unison Heritage UH Series Control Stations as manufactured by Electronic Theatre Controls, Inc., or equal. Page 32 Irving Arts Center Irving, TX ii. Mechanical 1. Unison Heritage Fader Stations shall operate using up to sixteen programmable faders and twelve programmable buttons. 2. All fader stations shall be available with white, cream, ivory, gray or black faceplates, fader knobs, and buttons. a. Manufacturer's standard colors shall conform to the RAL CLASSIC Standard. 3. Fader stations shall utilize standard 45-millimeter slide potentiometers. 4. Stations shall have indicators lights at each button or fader. a. Indicators shall be comprised of red, green and blue LED's b. Indicator color and state (steady On, Blink, Off) shall be configured in software, and shall operate relative to the button or fader it is associated with. 5. All faceplates shall be designed for flush or surface mounting. 6. Station faceplates shall be constructed of ABS plastic and shall use no visible means of attachment. 7. Station faceplates shall be indelibly marked for each button or fader function. 8. The manufacturer shall supply back boxes for flush mounted half gang stations and for all surface mounted stations. 9. Fader stations shall be shall be designed to accept the infrared signal from a remote hand held IR transmitter. a. The stations shall have a 60° reception angle and shall operate reliably within a 45' distance. 10. IR Transmitters shall be available in five or ten button configurations. a. IR transmitters shall be mounted in a hand-held black plastic controller. b. Transmitter dimensions shall be 1.875" wide, 6.625" long and 0.60" deep. iii. Electrical 1. Unison control station wiring shall be an Echelon® Link power network. a. Link power shall utilize low-voltage Class II unshielded twisted pair, type Belden 8471 or equivalent, and one #14 ESD drain wire (when not installed in grounded metal conduit). b. Touchscreen and Interface stations shall also require (2) #16 AWG stranded wires for 24Vdc operating power. 24Vdc wiring shall be topology free. c. Network wiring may be bus, loop, home run, star or any combination of these. d. Wiring termination connectors shall be provided with all stations. Page 33 Irving Arts Center Irving, TX 2. Fader Stations shall offer the following Regular markings a. UL and cUL LISTED b. CE Market c. RHoS and WEE Compliant iv. Functional 1. The Unison Paradigm Control System shall be designed to allow control of lighting and associated systems via Button, Button/Fader, and Interface, or Astronomical time clock controls. System shall allow the programming of presets, sequences, macros and time clock events. a. System presets shall be programmable via Button, Button/Fader, Touchscreen, or LightDesigner software. i. Presets shall have a discrete fade time, programmable from zero to 1,000 hours with a resolution of one millisecond. ii. Presets shall be selectable via button, fader, IR transmitter, time clock event, macro activation or switch interface stations. b. System macros and sequences shall be programmable via LightDesigner system software. i. Macro and sequence steps shall provide user selectable steps, and allow the application of conditional logic. ii. Macro and sequences shall be activated by button, time clock event or LightDesigner software. c. System time clock events shall be programmable via LightDesigner system software, the processor user interface, or the internal web server. i. Time clock events shall be assigned to system day types. Standard day types include: anyway, weekday, weekend, Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and Saturday. System shall support programming of additional custom or special day types. ii. Time clock events shall be activated based on sunrise, sunset, time of day or periodic event. System shall automatically compensate for regions using a fully configurable daylight saving time. 2. Control components shall be designed to operate default or custom system functions. Components shall operate default functions unless re-assigned via LightDesigner, the software-based configuration program. a. Optional button functions include: preset selection, manual mode activation, record mode activation, station lockout, raise, lower, macro activation, or room join/separate. Page 34 Irving Arts Center Irving, TX b. Optional fader functions include manual master control, individual zone control, fade rate control or preset master control. 3. Stations (Button and Button/Fader) shall allow programming of station and component electronic lockout levels via LightDesigner. c. Portable Plug-in Stations i. The Lighting Control Stations shall be the Unison Heritage UH Series Control Stations as manufactured by Electronic Theatre Controls, Inc., or equal. ii. Mechanical 1. Unison connector stations shall provide an interface to portable Unison stations. 2. All connector stations shall be available with white, cream, ivory, gray or black faceplates. a. Manufacturer's standard colors shall conform to the RAL CLASSIC Standard. 3. All faceplates shall be designed for flush or surface mounting. 4. Station faceplates shall be constructed of ABS plastic and shall use no visible means of attachment. 5. Station faceplates shall be indelibly marked with station function. 6. The manufacturer shall supply back boxes for all surface mounted stations. iii. Electrical 1. Unison control station wiring shall be an Echelon® Link power network. a. Link power shall utilize low-voltage Class II unshielded twisted pair, type Belden 8471 or equivalent, and one #14 ESD drain wire (when not installed in grounded metal conduit). b. Portable plug-in stations shall also require (2) #16 AWG stranded wires for 24Vdc operating power. 24Vdc wiring shall be topology free. c. Network wiring may be bus, loop, home run, star or any combination of these. d. Wiring termination connectors shall be provided with all stations. 2. Portable Plug-in Stations shall offer the following Regular markings a. UL and cUL LISTED b. CE Market c. RHoS and WEE Compliant iv. Functional 1. The Unison Paradigm Control System shall be designed to allow control of lighting and associated systems via Button, Button/Fader, and Interface or Astronomical time clock Page 35 Irving Arts Center Irving, TX controls. System shall allow the programming of presets, sequences, macros and time clock events. a. System presets shall be programmable via Button, Button/Fader, Touchscreen, or LightDesigner software. i. Presets shall have a discrete fade time, programmable from zero to 1,000 hours with a resolution of one millisecond. ii. Presets shall be selectable via button, fader, IR transmitter, time clock event, macro activation or switch interface stations. b. System macros and sequences shall be programmable via LightDesigner system software. i. Macro and sequence steps shall provide user selectable steps, and allow the application of conditional logic. ii. Macro and sequences shall be activated by button, time clock event or LightDesigner software. c. System time clock events shall be programmable via LightDesigner system software, the processor user interface, or the internal web server. i. Time clock events shall be assigned to system day types. Standard day types include: anyway, weekday, weekend, Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and Saturday. System shall support programming of additional custom or special day types. ii. Time clock events shall be activated based on sunrise, sunset, time of day or periodic event. System shall automatically compensate for regions using a fully configurable daylight saving time. 2. Control components shall be designed to operate default or custom system functions. Components shall operate default functions unless re-assigned via LightDesigner, the software-based configuration program. a. Optional button functions include: preset selection, manual mode activation, record mode activation, station lockout, raise, lower, macro activation, or room join/separate. b. Optional fader functions include manual master control, individual zone control, fade rate control or preset master control. d. Locking Covers i. The Lighting Control Station Locking Covers shall be the Unison Heritage UH Series as manufactured by Electronic Theatre Controls, Inc., or equal. Page 36 Irving Arts Center Irving, TX ii. Mechanical 1. Locking covers shall be available in Sliding Locking for flush mount applications and Hinged Locking for flush and surface mount applications 2. Sliding Locking Covers shall a. Be available with white, cream, ivory, gray or black faceplates. b. Be constructed of Extruded Aluminum with ABS plastic end caps c. Provide a smoked Plexiglas window to allow for viewing control status and use of IR remote without opening cover 3. Hinged locking covers shall: a. Be available in standard black powder coat finish b. Be constructed of 18 gauge steel and finished in standard black powder coat paint, or custom color as specified. c. Provide a clear Plexiglas window to allow for viewing control status and use of IR remote without opening cover d. Use internal Hinge that is not accessible when the cover is closed 4. Standard colors shall conform to the RAL CLASSIC Standard. 5. Locking covers of the same type shall be keyed alike 6. The manufacturer shall supply back boxes for all hinged locking covers iii. Functional 1. All locking covers shall utilize 90-degree locking mechanisms a. Keys shall be held captive in locks when covers are unlocked. 2. Locking covers shall allow for easy viewing of system status without opening the cover 3. Locking covers shall support IR remote activation of configured system functions without opening door 2.11 UNISON DRD SERIES RACK ENCLOSURES A. Rack Enclosures a. The rack enclosure shall be the Unison DRd Series Control Enclosure as manufactured by Electronic Theatre Controls, Inc., or equal. b. Mechanical i. The Rack Enclosure shall be a surface mounted, deadfront switchboard, constructed of 18-guage formed steel panels with a hinged, lockable full-height door containing an integral electrostatic air filter. 1. Filter shall be removable for easy cleaning. Page 37 ii. iii. iv. v. vi. vii. viii. Irving Arts Center Irving, TX 2. The enclosure shall support one control processor and one station power module plus accessories 3. The enclosure door shall have an opening to allow limited access to the control module face panel. All rack components shall be properly treated and finished. 1. Exterior surfaces shall be finished in fine textured, scratchresistant, epoxy paint. The fully digital rack enclosure shall be available with six or twelve dimmer module spaces, one processor and a single station power supply, Rack dimensions and weights (without modules) shall not exceed: 1. DRd6 21.9" H x 17" W x 9.6" D 38 lb. 2. DRd12 31.0" H x 17" W x 9.6" D 51 lb. A single low-noise fan shall be located at the top of each rack. The fan shall draw all intake air through the integral electrostatic air filter, over the surfaces of the module housing and out the top of the rack. 1. The fan shall maintain the temperature of all components at proper operating levels with dimmers under full load, provided the ambient temperature of the dimmer room does not exceed 40°C/104°F. 2. In the event of an over-temperature condition, only the affected dimmer module(s) shall shut down. A red indicator LED will flash and an error message shall appear on the Control Processor. Rack Enclosures shall be designed to allow easy insertion and removal of dimmer and control modules without the use of tools. (230 volt racks with CE certification shall require a screwdriver.) 1. Supports shall be provided for precise alignment of modules into power and signal connector blocks. 2. With modules removed, racks shall provide clear front access to all load, neutral and control wire terminations. Rack Enclosures shall support use of any combination of rack option cards designed to provide additional rack features. Rack option cards shall include: 1. FLO - The Fluorescent Option Board shall provide termination for 4 wire low voltage electronic fluorescent dimming ballasts. FLO shall provide 24, 0-10Vdc outputs. 2. DALI - The DALI Option Board shall provide termination for DALI fluorescent dimming ballasts. DRd shall provide 24, DALI outputs for up to 63 ballasts each in a broadcast mode. Optional floor mounting pedestal shall be available for the 12module rack. Racks enclosures shall be designed for use with AX series auxiliary racks for Main Circuit Breaker, Main Lug, and cross bussing applications. Page 38 Irving Arts Center Irving, TX ix. Accessories 1. RideThru Option (RTO) a. The Rack Enclosure shall support an optional, shortterm back-up power source for the control electronics. b. The short-term back-up power source shall automatically engage upon the loss of normal power, seamlessly transitioning the supply power for the control electronics power to itself. c. The short-term back-up power supply shall detect the return of normal power, and seamlessly return the control electronics to normal power. d. The short-term back-up power source shall support the control electronics for at least 10 seconds. 2. BatteryPack Option (BPO) a. The Rack Enclosure shall support an optional, longterm back-up power source for the control electronics. b. The long-term back-up power source shall automatically engage upon the loss of normal power, seamlessly transitioning the supply power for the control electronics power to itself. c. The long-term back-up power supply shall detect the return of normal power, and seamlessly return the control electronics to normal power. d. A test switch/indicator shall be available without opening the rack door or removal of any modules/components. e. The long-term back-up power source shall supply power to the control electronics for at least 90 minutes. c. Electrical i. Rack enclosures shall be available in 100, 120, 230, 240 and 277 volt, three-phase, main lug configurations. 1. 120 volt rack enclosures shall be field configurable for single phase operation without the need for additional components ii. Rack enclosures shall be completely pre-wired by the manufacturer. The contractor shall provide input feed, load, and control wiring. iii. Standard Short Circuit Current Ratings (SCCR) shall be 22,000 at 100-277 Volt 1. Higher SCCR ratings, up to 100,000 amps SCCR at 120V, shall be possible when used with an AX series Auxiliary Rack Enclosure. 2. Higher SCCR ratings, up to 65,000 amps SCCR at 240V and 277V, shall be possible when used with an AX series Auxiliary Rack Enclosure. iv. All control wire connections shall be terminated via factory provided connectors. Page 39 Irving Arts Center Irving, TX v. Rack enclosures shall support dimming for incandescent, fluorescent, neon, cold cathode, electronic low voltage and magnetic low voltage transformer load types. vi. The rack enclosure shall support 16-bit DMX input vii. The rack enclosure shall support 65,000 steps of dimming. viii. The rack enclosure dimming engine shall support multiple dimmer curves including modified square law, linear, switched, fluorescent, pre-heat and electronic low voltage. ix. The rack enclosure shall support voltage regulation including, minimum and maximum scale voltages with offsets x. Rack enclosure shall support a UL924 listed contact input for emergency lighting control bypass 1. Emergency lighting input shall support load shedding xi. Rack enclosures shall be designed to support the following wire terminations: 1. AC 2. Echelon link power (Belden 8471 or equivalent) 3. 24Vdc (2- 16AWG Wire) 4. DMX512A Port A (In or Out) (Belden 9729 or equivalent) 5. DMX512A Port B (Out) (Belden 9729 or equivalent) 6. RS232 Serial In/Out (Belden 9729 or equivalent) 7. Unshielded Twisted Pair (UTP) Category 5/5e Ethernet 8. Contact Closure In (14AWG to 26AWG Wire) 9. Contact Closure Out (14AWG to 26AWG Wire) a. Contact Closure Out shall provide 1A @ 30vDC xii. Station Power Modules 1. Station power modules shall provide LinkPower for up to 32 stations and 1.5A@24VDC of Auxiliary (AUX) power. 2. Station power repeater modules shall provide LinkPower for 30 stations and1.5A@24VDC of Auxiliary (AUX) power. 3. Station power module shall support over-current/short protection for LinkPower and Auxiliary (AUX) power. LinkPower shall support fault detection on each leg of the balanced data bus. xiii. All control wire connections shall be terminated via factory provided connectors. xiv. Main feed lugs shall accept a maximum of 350 MCM wire. xv. Load terminals shall accept a maximum of #6 AWG wire. d. Thermal i. Ambient room temperature: 0-40°C / 32-104°F ii. Ambient humidity: 10-90% non-condensing 2.12 CONSTANT MODULES A. Mechanical a. ETC constant modules shall be designed for use with Unison or Sensor dimming racks. Page 40 Irving Arts Center Irving, TX b. Constant modules shall consist of a heavy-duty, die-cast aluminum chassis with an integral faceplate. All parts shall be properly treated, primed and finished in fine-texture, scratch-resistant gray epoxy powder coat. c. With the exception of the circuit breaker, the module shall contain no moving parts. d. Each module shall be labeled with the manufacturer' s name, catalog number and rating. B. Electrical a. Each module shall consist of the following components: i. Two single-pole circuit breakers 1. Circuit breakers shall be fully magnetic so the trip current is not affected by ambient temperature. 2. Circuit breakers shall be rated for tungsten loads having an inrush rating of no less than 20 times normal current. 3. Circuit breakers shall be rated for 100 percent switching duty applications. ii. Power and control connectors. 1. Modules shall not have any protruding pins subject to physical damage when the module is not installed. 2. The module shall accept hot patching of a cold incandescent load up to the full rated capacity. 3. Standard SCCR fault current protection shall be 100,000 at 120V and 24,000 at 230V, 240V and 277V. 2.13 DIMMER MODULES A. Mechanical a. ETC dimmer modules shall be designed for use with Unison or Sensor dimming racks. b. Dimmer modules shall consist of a heavy-duty, die-cast aluminum chassis with an integral faceplate. All parts shall be properly treated, primed and finished in fine-texture, scratch-resistant gray epoxy powder coat. c. With the exception of the circuit breaker, the module shall contain no moving parts. d. Each module shall be labeled with the manufacturer' s name, catalog number and rating. e. All electronic components (current/voltage sensors and indicators) shall be contained in a single field-replaceable housing. B. Electrical a. Each dimmer shall consist of the following components: i. One or two single-pole circuit breakers 1. Circuit breakers shall be fully magnetic so the trip current is not affected by ambient temperature. 2. Circuit breakers shall be rated for tungsten loads having an inrush rating of no less than 20 times normal current. 3. Circuit breakers shall be rated for 100 percent switching duty applications. Page 41 Irving Arts Center Irving, TX ii. A solid-state switching module 1. Each dimmer module shall use a solid-state relay (SSR) consisting of two silicon-controlled rectifiers (SCRs) in an inverse parallel configuration, and all required gating circuitry on the high-voltage side of an integral, opto-coupled control voltage isolator. Rectifiers, copper leads and a ceramic substrate shall be reflow soldered to an integral heat sink for maximum heat dissipation. Dimmers employing triac power devices, pulse transformers, or other isolating devices not providing at least 2,500V RMS isolation shall not be acceptable. 2. The SSR shall also contain a control LED, a thermistor for temperature sensing, and silver-plated control and load contacts. 3. The entire SSR shall be sealed in a plastic housing requiring only a screwdriver to replace. 4. Dimmer modules requiring disassembly, heat sink grease, or additional tools for repair shall not be acceptable. iii. Toroidal filters 1. Dimmer modules shall include toroidal filters to reduce the rate of current rise time resulting from switching the SCRs. The filter shall limit objectionable harmonics, reduce lamp filament sing and limit radio frequency interference on line and load conductors. 2. Modules shall be available in models offering 200-500 microsecond filter rise times depending upon model. Rise time shall be measured at the worst case slew rate (about 50 percent) from 10 to 90 percent of the output waveform with the dimmer operating at full load. iv. Power and control connectors. 1. Modules shall not have any protruding pins subject to physical damage when the module is not installed. 2. Power efficiency for standard dimmers shall be at least 97 percent at full load with a no-load loss of 3V RMS. 3. The dimmer shall accept hot patching of a cold incandescent load up to the full rated capacity of the dimmer. 4. Standard AIC fault current protection shall be 10,000 at 120V and 14,000 at 230V/277V. 2.14 LIGHTING PLAYBACK CONTROLLER AND ACCESSORIES A. General a. The lighting playback controller (LPC) shall be a microprocessor-based system specifically designed to provide complete control of stage, studio, and entertainment lighting systems. The LPC shall be the Congo Light Server as manufactured by Electronic Theatre Controls, Inc., or equal. b. The system shall minimally provide control of 1,024 DMX512-A/RDM addresses with an option to add capacity in 512 address blocks up to 6,144 total DMX512 addresses (12 universes) on a maximum of 3072 Page 42 c. d. e. f. g. h. i. j. k. l. Irving Arts Center Irving, TX control channels. Any or all of the DMX512 outputs may be controlled by a channel, and patched at a proportional level. Two universes of DMX512A/RDM shall be accessible at the LPC via 5-pin XLR connectors. Additionally, DMX outputs may be distributed over an Ethernet network using Avab, ETCNet2 or ACN protocols The system shall support full bidirectional RDM communication with compatible devices via Net3 DMX/RDM Gateways. RDM communication shall adhere to the following ANSII standard: E1.20 – 2006 Entertainment Technology – RDM – Remote Device Management Over DMX512 Networks. Supported RDM features shall include: i. Discovery and Identification of RDM capable devices ii. Setting of start addresses, operating modes, additional settings as supported by connected devices. iii. Viewing of sensor data as provided by connected devices iv. Error reporting as provided by connected devices A maximum of 9,999,999 presets, 999 sequences, 9999 groups, 4x999 palettes (Focus, Color, Beam, All) and 999 macros may be contained in electronic memory and stored to an onboard hard disk or to a USB Flash drive. Playback via a main crossfader shall be provided. The crossfader may execute crossfades, move fades or lock fades within a sequence, presets with discrete channel/parameter timing, presets containing dynamic effects, and chaser sequences. Playback of the main sequence shall be provided on the front panel of the LPC via GO, GO BACK and PAUSE keys. Control and programming features for automated fixtures shall include: a standard library of device templates, the ability to edit existing templates and create new templates from scratch, patch displays including channel and DMX addressing, 16-bit fade resolution, Palettes and selective recall using attribute categories (Focus, Color, Beam) or individual parameters. Eighty multi-purpose masters (playbacks) shall be provided. Masters shall be pageable on-the-fly' in banks of 20. 999 Master Pages shall be provided. Physical faders for these masters shall be available optional Master Playback or Universal Fader Wings. System status information, including current channel intensities, playback information, and system configuration shall be displayed on up to two high-resolution monitors (2 x DVI or 1 x DVI plus 1 x SVGA). It shall be possible to access all system information from only one display. An on-line Help and electronic user manual feature shall be provided to explain and provide an example of the operation of each feature of the system. An optional, fully-functioning, detachable alphanumeric keyboard shall be available. The keyboard shall allow labeling of channels, presets, groups, palettes, dynamic effects, sequences and steps, and the show. Console software upgrades shall be made by the user via USB Flash drive; changing internal components shall not be required. Dimmer monitoring features shall be provided (in conjunction with ETC' s Sensor+, Sensor3, or IES dimming systems) to allow indication of Page 43 Irving Arts Center Irving, TX dimming system status and dimmer load monitoring using ACN, the Sensor+ Connect interface or IES DimSTAT protocol m. Show data may be created and modified on a Windows XP, Windows 7, or Mac OSX equipped personal computer, using Congo Offline Editor, an editing program. The program shall also allow a show to be played back in a console-simulation mode. Congo Offline Editor shall also provide the capability to import and export USITT ASCII show files. n. A PC running the Congo Client application shall be able to connect to a Congo Light Server on the network and view current show data in an independent display environment. Additional Congo, Congo jr, or Congo Kid consoles on the network shall also be able to act as clients to the main console or Light Server. The main console on the network may selectively shut clients out of the system. o. Synchronized backup shall be provided via Ethernet by another full Congo, Congo jr or Congo Kid console or Congo Light Server (up to the console' s or Light Server' s output limits.) The backup console/Light Server shall maintain synchronized playback with the master and shall automatically take over control of the lighting system upon loss of communication with the master. p. Congo shall support Net3/ACN, ETCNet2, ArtNet (output) and Avab IPX network protocols simultaneously. Congo shall fully support the E1.17 and E1.31 ACN network protocol suites. Congo shall support Avab Peripheral Network protocol on a separate RJ-45 connection. q. Systems that do not provide the above capabilities shall not be acceptable. B. Controls and Playback a. Programming Section i. The LPC shall provide access to playback and navigation functions on a 20-key face panel. Additional commands may be executed via a connected alpha-numeric keyboard. C. Operating Modes a. Focus on the Live display tab shall allow live changes. i. Channel lists may be constructed using the +, - and Thru keys. Levels may also be set with the keypad or level wheel. "Selected" channels shall be those last addressed and under wheel or keypad control. ii. Channels may be set to any level, including a user defined default level, using the @ Level key. iii. Channels may be recorded into groups for fast recall of commonly used channels. 999 groups shall be available. iv. The recorded contents of Presets and Palettes may also be accessed manually allowing numerous discrete looks to be compiled quickly. Filtering by parameter category or parameter shall allow for extremely selective recall of data for selected channels from previously recorded targets. v. Presets may be recorded in any order to unique numbers from 0.001 to 9999.999. Sequences shall be auto-built as presets are recorded as a default but this may be disabled by the user. vi. It shall be possible to record presets with the following information: Page 44 Irving Arts Center Irving, TX 1. Channel data (Intensity, moved attributes, attributes for active channels, all attributes). The console shall prompt the user to confirm inclusion of moved attributes on channels with no intensity. 2. Attribute masking by category or by attribute. 3. Focus, Color and Beam timing and delays. Timing and delays shall be entered either as absolute or relative timing (percentage of In timing of this step in the sequence). 4. Text label. vii. It shall be possible to record sequence steps with the following information: 1. Fade time of up to 59 minutes 59 seconds, with split up and down as required 2. Delay time for the up and/or down fade of up to 59 minutes 59 seconds 3. Link to Step command 4. Action Macro 5. Master page and master link 6. Wait, Follow, or Alert times of up to 59 minutes 59 seconds 7. A modified rate via a system or user defined Fade Curve and/or a user defined Crossfade Profile 8. Text label. viii. Any preset may contain dynamic effect settings ix. Update may be used to selectively add modified channel levels to the designated cue, group, palette or preset without recording other stage information. x. A context sensitive on-line Help feature shall describe each key and fader function (including softkeys). This feature shall be accessible in any mode. xi. Dimmer check and channel check functions shall be provided. Additionally, dimmers channels and groups may be "parked" at levels. Those levels are not added to any live record operations, nor may they be changed until the parked element is "unparked". b. The Blind display tab and the individual editor display tabs allow modification to elements such as presets, groups, palettes, sequences and dynamic effects without affecting stage levels. i. The Blind displays shall allow preview, creation, deletion and modification of the above elements. All attributes may be changed in this mode. ii. List displays shall show the recorded elements with all associated attributes. Range editing shall be possible in these displays. The List displays available shall be: Preset List, Group List, Palette Lists (Focus, Color, Beam and All) and Sequence List iii. The Track List display tab shall allow simultaneous viewing of an entire sequence for selected channels. Range selection and editing shall be possible. c. Patch displays and the Patch Wizard shall be used to display the system control channels with their associated dimmer and device assignments Page 45 Irving Arts Center Irving, TX i. The Output Editor shall provide live and blind patching of dimmers, dimmer check and diagnostic display of current output levels across all universes. ii. The Patch Wizard shall provide range patching of dimmers, moving light patch and clear patch functions. iii. The Channel List shall display all system channels and channelspecific settings such as scale and name. iv. The Output List shall display all system outputs and output-specific settings such as scale, curve and device attribute name. v. The Device List shall display all patched channels with device assignments (moving light/scroller patch) and device-specific settings such as swap pan/tilt, invert pan, invert tilt and scroller roll. d. The Setup dialog shall access system configuration information and provide access to memory functions. i. The Setup dialog shall provide the user with the ability to view and modify default settings on the console. ii. Navigation within the dialog shall not require a pointing device. iii. Settings for specific console functions may also be accessed in smaller, function-specific dialogs by pressing the Setup key and the function key simultaneously. D. Dimmer Monitoring a. The lighting control system shall provide communication with an ETC Sensor+ or Sensor3 dimming system using ACN or the Sensor+ Connect browser interface. In Sensor+ systems, dimmer status may be changed and backup looks recorded from Sensor+ Connect and sent to the dimming system via the network. b. Dimmer feedback from the ETC IES DimSTAT dimmer monitoring shall be viewable from within the Congo application. c. Dimmer feedback from ETC FDX dimmer racks shall be viewable from within the Congo application. E. Interface Options a. The LPC shall support a variety of standard peripheral devices. The console shall provide connectors for the following: i. AC input ii. USB (for items such as alphanumeric keyboard, mouse, USB Flash drive, etc.) iii. DMX512-A/RDM outputs (two connectors) iv. MIDIIn/Out v. Remote Trigger vi. Audio In/Out vii. Ethernet viii. Single SVGA video output ix. Two DVI video outputs F. Synchronized Backup Systems a. An optional Synchronized Backup system shall consist of one of the following combinations of devices: Two networked Consoles, or one Console with one Congo Light Server, or two Congo Light Servers. Synchronized Backup shall utilize Avab IPX networking to provide error correcting data exchange. Page 46 Irving Arts Center Irving, TX G. Physical a. All operator controls and console electronics for a standard system shall be housed in a 17.13" x 15.88" x 3.52" (435mm x 403mm x 89mm) housing with optional additional modules and wings as accessories. Input power shall be 90 – 240V AC at 50 or 60Hz, supplied via a detachable power cord. b. The Congo Light Server shall fit within a standard 19"equipment rack and shall include rack mounting hardware. H. Congo jr Master Playback Wing a. The Congo jr Master Playback Wing shall be an optional accessory to the Congo Light Server. It shall provide access to 40 Master Playback faders and switches, as well as paging functions as found on a Congo console. b. The wing shall provide the following controls: i. Forty (40) Master Playback Faders ii. Forty (40) Master Keys iii. Twenty (20) Flash Keys on the bottom 20 Masters iv. Five (5) Direct Select Paging keys v. Two (2) sets of Master Paging keys vi. Four (4) Master control keys vii. One (1) Three-position switch for selecting Fader function (Channels, Masters, Jam mode) viii. Two (2) LCD displays to indicate content on masters c. The wing shall connect to the Congo Light Server via a standard USB cable. A separate AC power adapter shall be required when the wing is used with a Light Server. 2.15 GENERAL NETWORK A. General a. The Electronic Theatre Controls Net3 network shall provide data distribution over TCP/IP Ethernet networks. Data shall be layer 3 routable. Systems using proprietary formats or formats other than 10/100/100Mbit wired Ethernet or non-layer 3 routable networks shall not be accepted. b. Connections shall be made between consoles, face panels, architectural processors, dimmers, Net3 Gateways, and computers over standard Ethernet distribution systems using 100BaseT, 100BaseFL, or greater wiring. All installations shall conform to established Ethernet wiring practice, and installation shall be performed by contractors qualified to do this type of work. All wiring shall be tested at Category 5e or higher for full bandwidth operation to the appropriate IEEE standard. c. The Lighting Control system must be supplied by a single manufacturer and must have seamless integration over Ethernet between the Entertainment and Architectural lighting control. B. Capacities a. The network shall support DMX routing, patching, and prioritization for up to 63,399 universes (32,767,488 DMX addresses). Each address may be input or output from any port on any DMX gateway in the system. DMX input, routing and output shall be specifically supported on the system Page 47 Irving Arts Center Irving, TX from multiple sources and locations up to the maximum number of gateways supported by the Ethernet topology. b. The network shall support multiple network hosts including consoles, gateways, dimming racks, computers, file servers, printers, and architectural control processors with discrete command lines and control. The lighting network shall support multiple venues within a system and discrete systems on the same network. C. System Configuration and Monitoring a. Network device configuration shall be via Net3 Gateway Configuration Editor (GCE) software and/or ANSI E1.17 Architecture for Control Networks (ACN). b. Patch addresses shall support viewing and manipulation via ANSI E1.17 ACN. i. The system shall permit complete user flexibility allowing the system operator to patch each DMX input address to any ANSI E1.31 streaming ACN address, and DMX output to span streaming ACN universes. ii. The lighting system shall support assignment of DMX offsets, truncation of DMX universes, and provide choice of DMX port prioritization. iii. The lighting system shall support the DD start code extension to ANSI E1.31 which provides priority per address such that multiple control sources can share universes with discrete control per address. iv. Lighting systems that do not support the above mentioned address patching capabilities shall not be suitable. c. The system shall allow assignable labels for all network devices to allow easy identification by system users. d. Each network device shall have a discrete and unique IP address provided automatically by the software. The user may edit this IP address. Systems that do not support automated IP allocation with IP collision avoidance, and systems that do not allow complete reconfiguration of the above mentioned features over ANSI E1.17 ACN shall not be acceptable. e. All configuration data for each network device shall be held at the device and system operation shall not require continuous on-line operation of the network configuration software. f. Lighting console operators shall be able to backup the network configurations in the lighting control console. In the event of a network device failure, the operator shall be able to apply the configuration of the failed device to a replacement device of the same type without manually reentering settings. Systems that do not support configuration backup as described above shall not be accepted. g. Architectural and Entertainment systems connected to the same network shall be capable of arbitrating control over E1.31 Streaming ACN (sACN) level data. The system shall be capable of alternating control of individual address data between architectural and entertainment systems without intervention by the user. The user shall dictate the conditions under which system shall automatically take control. The network shall allow user override of the selected defaults. Systems which require direct user Page 48 Irving Arts Center Irving, TX intervention to allocate control of dimmers between architectural and entertainment lighting systems shall not be accepted. h. The Net3 network shall allow multiple DMX input sources to be prioritized on the same universe as network native sources using E1.31 Streaming ACN prioritization. Multiple DMX inputs may be assigned to the same streaming ACN address (this provides multi-source control for a particular address). Likewise, the system shall support E1.31 prioritization of multiple simultaneous network sources. Systems that cannot prioritize multiple DMX inputs and multiple native network sources on a network shall not be deemed suitable. i. The lighting network shall allow each DMX input address to be assigned a priority on the network allowing each DMX control level coming into the system to participate in full arbitration. Addresses with the highest priority shall have control, with lower priority addresses being ignored. Addresses assigned the same numeric priority, between 1 and 200, shall respond in highest level takes precedence (HTP) manor. The network shall require a valid DMX signal present at the input to initiate prioritization. Systems that do not allow for prioritized HTP for DMX inputs to the network shall not be allowed. D. Operational Features a. Each DMX gateway shall control up to 512 DMX addresses per port, within the confines of up to 63,999 DMX universes (32,747,488 address). The specific DMX data input or output by the gateway shall be configurable by the user. b. Duplicate outputs of DMX data (DMX splitter) and discrete outputs shall be fully supported. c. Merging of multiple DMX input sources on a single gateway without gateway with DMX output on the same gateway shall be supported without connection to the network. The gateway shall support assignment of priority to each input source independently d. File transmission, synchronization and access to software shall be supported. 2.16 DMX ETHERNET Gateway – Oneport A. General a. The lighting control gateway shall be a microprocessor-based unit specifically designed to provide DMX-512 control of lighting. The gateway shall permit DMX-512 data to be encoded, routed over an Ethernet network and decoded back to DMX-512. The unit shall be a Net3 DMX 1port Gateway as provided by ETC, Inc. b. Gateways shall communicate over Ethernet directly with at least ETC, Inc.' s entertainment and architectural lighting control products and other Ethernet interfaces. c. Connections shall be made between gateways, consoles, architectural systems, and PCs over standard Ethernet distribution systems using 10/100BaseT. Page 49 Irving Arts Center Irving, TX d. The gateway shall support multiple protocols including: i. ANSI E1.31 Streaming ACN (sACN) ii. ANSI E1.11 USITT DMX512-A iii. ETCNet2 protocol suite iv. ETCNet protocol suite e. The gateway shall be tested to UL standards and labeled ETL Listed. f. The gateway shall be RoHS Compliant (lead-free). g. The gateway shall be CE compliant. h. The gateway shall be configurable using Network Configuration Editor (NCE) software. i. Each gateway shall have power and network activity LEDs B. DMX Ports a. DMX Port shall comply with the requirements of ANSI E1.11 USITT DMX512-A standards. b. The DMX port shall be software-configurable for either input or output functionality. c. Hardware configuration override setting shall be provided on the gateway. d. DMX input shall be optically-isolated from the gateway electronics. e. DMX output shall be earth-ground referenced. f. DMX Port shall be capable of withstanding fault voltages of up to 250vAC without damage. g. Each port shall incorporate one DMX512-A Connection i. Each DMX port location shall support a single 5-pin male XLR or 5pin female XLR h. Network gateways that do not indicate input/ output port configuration or presence of valid data shall not be accepted C. Processor a. Maximum delay time from input to output shall not be greater than one packet time (approximately 22 mSec.). b. A minimum DMX update rate of 40Hz shall be sustained under all conditions unless specifically configured for a slower rate for the sake of compatibility with 3rd party DMX devices. D. Mechanical a. The gateway faceplate shall be constructed of durable cast aluminum and mount in a standard 1 gang backbox. Faceplates manufactured of plastic shall not be acceptable. b. Gateways shall be provided in matte black powder coat finish. c. The gateway shall be available in two versions i. Wall mount gateway 1. The wall mount gateway shall support flush or surface mount applications using a standard RACO 690 backbox or equivalent. 2. Dimensions shall not be more than 2.75" (70mm) wide x 4.5" (115mm) High 3. Wall mount gateways shall not weigh more than.35 lbs (.16kgs) ii. Touring gateway 1. The touring gateway shall include a complete enclosure with Ethercon and power connectors for wiring terminations Page 50 Irving Arts Center Irving, TX 2. Dimensions shall not be more than 4.5" wide (115mm) x 3.5" (89mm) deep x 6.34" (161mm) high (not including mounting hardware) 3. Touring gateways shall not weigh more than 2.5 lbs (1.1 kg). E. Power a. Power for the gateway shall be provided either over the Category 5 (or better) cable, utilizing IEEE 802.3af compliant Power over Ethernet distribution equipment. Power consumption shall not be greater than 5 watts. b. The gateway electronics shall be electrically isolated from the power supplied over the Catagory5 (or better) cable. c. Power may be provided from any IEEE 802.3af compliant power-over Ethernet distribution equipment, or by using conventional switches together with isolated in-line power supplies as provided by gateway manufacturer. F. Configuration a. Each gateway on the network shall be individually configurable using Network Configuration Editor (NCE), running on a network connected PC. The PC shall only be required for configuration, and shall not be required for normal operation of the system. b. Each DMX gateway shall control up to 512 DMX addresses. The specific DMX data input or output by the gateway shall be freely configurable by the user. Duplicate outputs of DMX lines (DMX splitter) and discrete outputs shall be fully supported. c. Multiple sACN sources may be combined with a priority may be assigned to each source sending data to the gateway. G. Network a. Communications physical layer shall comply with IEEE 802.3i for 10BASE-T, 802.3u for 100BASE-TX and 802.3af for Power over Ethernet specifications. b. All network cabling shall be Category 5 (or better), conforming to TIA568A/B, and shall be installed by a qualified network installer. c. Data transport shall utilize the TCP/IP suite of protocols to transfer the DMX data. d. ANSI E1.31 streaming ACN (sACN) shall be supported. Gateways that do not support ANSI E1.31 shall not be acceptable. e. Switches shall comply with power-over-Ethernet IEEE802.3af, unless a separate in-line power supply is provided. f. Each DMX gateway shall control up to 512 DMX addresses, per DMX port within the confines of up to 63,399 universes (32,767,488 addresses) when using Streaming ACN (sACN) and 64 DMX universes (32,767 addresses) when using EDMX. i. Multiple sources shall be supported by prioritized Highest Takes Precedence (HTP with priority). Each source shall support assignment of priority to allow override of default HTP behavior. ii. Each DMX port shall support its own universe and start address. g. Gateways shall support built in priority on a per-universe or channel-bychannel basis. Gateways that do not support prioritized merging of Page 51 Irving Arts Center Irving, TX multiple network sources at independent channel priorities shall not be accepted. H. Environmental a. The ambient operating temperature shall be 0° to 40°C (32° to 104°F). b. The storage temperature shall be -40° to 70°C (-40° to 158°F). c. The operating humidity shall be 5% - 95% non-condensing. I. Accessories a. Hanging bracket kit shall allow gateway to be mounted using C-Clamp to U-bolt Hardware. b. ETC Network Configuration Editor (NCE) software J. System Requirements a. Provide the quantity and type of gateways required, as scheduled. Gateways and software shall be as manufactured by Electronic Theatre Controls Inc. of Middleton, WI. b. Provide Ethernet switches and power supplies as scheduled and as shown on drawings. c. Provide a current generation PC with Windows XP operating system equipped with a 10/100 Ethernet card. d. Systems that do not provide the above capabilities shall not be acceptable 2.17 DMX GATEWAY – FOURPORT A. General a. The lighting control gateway shall be a microprocessor-based unit specifically designed to provide DMX-512 control of lighting systems and transport of RDM configuration and status messages. The gateway shall permit DMX-512 data to be encoded, routed over an Ethernet network and decoded back to DMX-512. The unit shall be a Net3 DMX 4-port Gateway as provided by ETC, Inc. b. Gateways shall communicate over Ethernet directly with at least ETC, Inc.' s entertainment and architectural lighting control products and other Ethernet interfaces. c. Connections shall be made between gateways, consoles, architectural systems, and PCs over standard Ethernet distribution systems using 10/100BaseT. d. The gateway shall support multiple protocols including: i. ANSI E1.17 Architecture for Control Networks (ACN) ii. ANSI E1.11 USITT DMX512-A iii. ANSI E1.20 Remote Device Management (RDM) iv. Net3 protocol suite including ANSI E1.31 Streaming ACN (sACN). e. The gateway shall be tested to UL standards and labeled ETL Listed. f. The gateway shall be RoHS Compliant (lead-free). g. The gateway shall be CE compliant. h. The gateway shall have a backlit graphic LCD display for identification (soft-labeling) and status reporting. Labeling shall be user configurable using ANSI E1.17 Architecture for Control Network (ACN), Gateway Configuration Editor (GCE) software. The LCD display shall show DMX port configuration indication as well as indicate the presence of valid Page 52 B. C. D. E. Irving Arts Center Irving, TX signal. Gateways that do not indicate port configuration (input/output) and valid data shall not be acceptable. i. Each gateway shall have power and network activity LEDs on both the front and rear of the gateway DMX Ports a. DMX Ports shall comply with the requirements of ANSI E1.11 USITT DMX512-A standards. b. Each DMX port shall be software-configurable for either input or output functionality. c. Hardware configuration override setting shall be provided on the gateway. d. DMX input shall be optically-isolated from the gateway electronics. e. DMX output shall be earth-ground referenced. f. DMX Port shall be capable of withstanding fault voltages of up to 250vAC without damage. g. Each port shall incorporate one DMX512-A Connection i. Each DMX port shall be modular and hot swappable ii. Each DMX port location shall support a single 5-pin male XLR, 5pin female XLR or terminal strip module for DMX wiring. h. Network gateways that do not indicate input/ output port configuration or presence of valid data shall not be accepted Processor a. Each gateway shall have sufficient processing power to manage up to 63,999 universes (32,767,488 addresses). b. Maximum delay time from input to output shall not be greater than one packet time (approximately 22 mSec.). c. A minimum DMX update rate of 40Hz shall be sustained under all conditions unless specifically configured for a slower rate for the sake of compatibility with 3rd party DMX devices. Mechanical a. The gateway shall be fabricated of 16-gauge steel, finished in fine-texture, scratch-resistant, black powder coat. b. Dimensions shall be 8.5" (22 cm) wide x 8.0" (20 cm) deep x 1.75" (5 cm) high. c. The weight of the gateway shall be 3.5 lbs (1.6 kg) with four modules. An individual module shall weight no more than .25 lbs (.1 kg). d. Mounting holes shall be provided for installation of a pipe mount accessory kit. Power a. Power for the gateway shall be provided either over the Category 5 (or better) cable, utilizing IEEE 802.3af compliant Power over Ethernet distribution equipment, or via conventional switches together with isolated in-line power supplies capable of an operating range of 8-28vDC provided by the gateway manufacturer. Power consumption shall not be greater than 5 watts. b. The gateway electronics shall be electrically isolated from the power supplied over the Catagory5 (or better) cable. c. Power may be provided from any IEEE 802.3af compliant power-over Ethernet distribution equipment, or by using conventional switches Page 53 Irving Arts Center Irving, TX together with isolated in-line power supplies as provided by gateway manufacturer. F. Configuration a. Each gateway on the network shall be individually configurable using: i. Any devices utilizing ANSI E1.17 ACN communications ii. Gateway Configuration Editor (GCE), running on a network connected PC. The PC shall only be required for configuration, labeling and signal routing, and shall not be required for normal operation of the system. b. Each DMX gateway shall control up to 512 DMX addresses, within the confines of 63,999 universes. The specific DMX data input or output by the gateway shall be freely configurable by the user. Duplicate outputs of DMX lines (DMX splitter) and discrete outputs shall be fully supported. c. Any number of DMX universes may be configured with any length up to 512 addresses. Any range of DMX input addresses shall support selection and routing to the specified sACN output. d. Multiple sources may be combined and a priority may be assigned to each source. Each DMX port may have its own universe and start address. e. All relevant routing information shall be stored in non-volatile memory at each gateway. The system shall recover from a power outage without requiring the PC to be online. Gateways that do not support non-volatile storage of data routing shall not be accepted G. Network a. Communications physical layer shall comply with IEEE 802.3i for 10BASE-T, 802.3u for 100BASE-TX and 802.3af for Power over Ethernet specifications b. All network cabling shall be Category 5 (or better), conforming to TIA568A/B, and shall be installed by a qualified network installer. c. Data transport shall utilize the TCP/IP suite of protocols to transfer the DMX data. d. ANSI E1.17 Architecture for Control Networks (ACN) and streaming ACN (sACN) shall be supported. Gateways that do not support ANSI E1.17 shall not be acceptable. e. Switches shall comply with power-over-Ethernet IEEE802.3af, unless a separate in-line power supply is provided. f. Multiple DMX signal routing patches and multiple facilities shall be supported and limited only by the file storage capacity of the computer with ETC Gateway Configuration Editor (GCE) Software installed. g. Each DMX gateway shall control up to 512 DMX addresses, per DMX port within the confines of up to 64,399 universes (32,767,488 addresses) using Streaming ACN (sACN). i. Any range of DMX addresses may be selected for each universe. ii. Multiple sources shall be supported by prioritized Highest Takes Precedence (HTP with priority). Each source shall support assignment of priority to allow override of default HTP behavior. iii. Each DMX port shall support its own universe and start address. h. Gateways shall have built in DMX merger capability on a universe or channel-by-channel basis. Page 54 H. I. J. K. 2.18 Irving Arts Center Irving, TX i. Gateways shall support have built in priority on a per-universe or channelby-channel basis. Gateways that do not support prioritized merging of multiple network sources at independent priorities shall not be accepted. DMX Connector modules a. Each gateway shall support up to four connector modules containing a single connector and its associated electronics b. Connector module options shall include i. 5-pin Male DMX connector for DMX Input ii. 5-pin female DMX connector for DMX output iii. Eight position terminal connector for DMX input or output supporting screw terminals or Insulation displacement (IDC) wire terminations. c. Each connector module shall be optically-isolated from the gateway electronics and from each other. d. DMX connector modules shall be capable of withstanding fault voltages of up to 250vAC without damage. Environmental a. The ambient operating temperature shall be 0° to 40°C (32° to 104°F). b. The storage temperature shall be -40° to 70°C (-40° to 158°F). c. The operating humidity shall be 5% - 95% non-condensing. Accessories a. Hanging bracket kit shall allow unit to be mounted in three orientations i. U-Bolt or C-Clamp mounting hardware shall be available b. One E.I.A. rack space mounting bracket kit shall support either one or two complete units and allow for up to eight ports of DMX c. Front Access Panel kit shall allow the connectors on the rear of the gateway to be accessed from the front of an equipment rack d. A Universal Power Supply with international plug-set shall be available. Multiple power supplies shall be able to fit in a vertically stacked power strip. e. ETC Gateway Configuration Editor Software (GCE) System Requirements a. Provide the quantity and type of gateways required, as scheduled. Gateways and software shall be as manufactured by Electronic Theatre Controls Inc. of MiddletonWI b. Provide Ethernet switches and power supplies as scheduled and as shown on drawings. c. Provide a current generation PC with Windows XP operating system equipped with a 10/100 Ethernet card. d. Systems that do not provide the above capabilities shall not be acceptable MINIATURE LED ELLIPSOIDAL FRAMING PROJECTOR SPOTLIGHTS A. General a. The instrument shall be a Source Four Mini LED ellipsoidal framing projector spotlight as manufactured by Electronic Theatre Controls, Inc., or approved equal. b. The unit shall be dimmable using forward- or reverse-phase dimming technology Page 55 Irving Arts Center Irving, TX B. Physical a. The unit shall be constructed of die cast aluminum, free of burrs and pits, finished in black, high temperature epoxy paint. i. Fixtures shall be available in white and custom colors as specified. ii. Accessories and painted parts shall be color-matched to the specified color iii. Non-painted parts shall be available in matching or complimentary colors. iv. Exceptions to color-matching shall be noted prior to custom paint approval b. The framing spotlight i. Shall have interchangeable lens tubes for different field angles as specified ii. Shall have stainless steel shutters of at least A301 grade material iii. Shutter assembly shall allow for +/-175-degree rotation of the framed area or pattern iv. Shall have a slot with a sliding, tool-locking cover for patterns v. Shall allow for use of E-sized patterns vi. Shall include a pattern holder vii. Shall have an integral die cast media frame holder with two slots viii. Shall have a top mounted, quick release media frame retainer ix. Shall utilize a 2 ¾" (70mm) gel frame x. Shall have a thermally-insulated knobs and shutter handles xi. Shall have a thermally-insulated rear handle xii. Shall have integral cable clamp(s) for power leads xiii. Shall have a steel yoke allowing at least 350 degree tilt of the fixture within the yoke xiv. Shall have tool-free tilt and beam adjustment while allowing for tooltightening at all movement points. c. The fixture shall be offered with three different installation methods: i. Portable version shall include: 1. Yoke mounted LED driver 2. Size-matched, extruded aluminum, black anodized C-clamp for use on pipe ranging from 3/8" to 1" 3. Three-foot power cable with a NEMA 5-15P connector 4. Tested to UL/cUL153 standard and listed with a 3rd-party laboratory ii. Install Canopy version shall include: 1. Color matched, powder-coat painted, formed steel canopy mount with mounting hardware 2. Integral LED driver 3. The LED driver shall fit entirely within the canopy, requiring no additional space in the junction box or ceiling cavity 4. Built-in rotation stop at 358-degrees to prevent cable twisting or damage. 5. Tested to UL/cUL1598 standard and so labeled. iii. Track Mount version shall include: 1. Color –matched plastic track adapter for use with EUTRACbrand 2-circuit track Page 56 Irving Arts Center Irving, TX 2. Integral LED driver installed into track adapter 3. Tested to UL/cUL1574 standard and so labeled. C. Optical a. The spotlight shall have high-contrast aspheric lens(es), with an antireflective coating to increase transmission, with: i. Adjustable hard and soft beam edges ii. Crisp pattern imaging without significant halation iii. Sharp shutter cuts without halation b. Fixture shall have a three plane shutter design to provide adjustable framing angles with ability to overlap cuts i. Fixture design shall have built-in heat dissipation to prevent shutter warping and burnout in normal use c. Fixture shall allow for interchangeable lenses with variable beam angles i. There shall be at least 19, 26, 36, 50 degree field angles available as specified D. LED a. The fixture shall utilize a single LED emitter. b. The LED shall be offered in 2 versions i. >80 CRI (Source Four Mini LED) ii. >90 CRI (Source Four Mini LED Gallery) c. The LED shall be rated for an average of 70% output after 35,000 hours of use d. Fixture shall have an expected average power consumption of 12W e. Fixture shall have a minimum output of i. Source Four Mini LED: 450 field lumens ii. Source Four Mini LED Gallery: 375 field lumens 2.19 FIXTURE-MOUNTING TRACK (ETC DataTrack) A. General a. The track system shall be ETC DataTrack as supplied by Electronic Theatre Controls. b. Track system shall provide two 20 amp circuits with discrete neutrals. c. System shall allow for both end- and mid-feed options. d. Track shall be rated for 120V. e. Track system shall provide integrated wiring for DMX-512A and bidirectional RDM data. i. Shall support up to 32 DMX/RDM devices on up to 60' of track ii. Shall support daisy-chain data topology iii. DMX shall be terminated at the end of the run with an available 120 Ohm resistor. f. Track segments shall be available in 4' , 8' and 12' sections. g. Track length shall be adjustable on site with a single cut. h. A variety of couplers shall be available including but not limited to: i. I-Coupler ii. T-Coupler iii. X-Coupler iv. Flex-Coupler i. Track shall be capable of being surface mounted or suspended. Page 57 Irving Arts Center Irving, TX j. System shall allow for up to 22 lbs. per foot when track is supported every 8". B. Physical a. Track shall be constructed out of extruded aluminum. i. 1-7/16" x 1-¼" b. Track shall have pre-punched holes for surface mounting. c. Track shall be available in black, white and silver. d. Power shall travel the track on two sets of 12 gauge copper conductors. e. Data shall travel the track on a pair of 22 gauge nickel-plated copper conductors. i. This data shall be accessible at any location on the track system f. MultiAdapters shall provide a double mechanical lock. g. MultiAdapters shall be capable of supplying power and data from the track to the fixture. h. MultiAdapters shall support up to 11 lbs. or 22 lbs. with retaining collar. i. MultiAdapters shall be made of a polycarbonate material i. Available in black, white and silver j. Mechanical heavy load adapters shall be available for mounting any fixture (up to 22 lbs.) to the track. i. Power and data can be supplied to this fixture with available connectors Part 3. EXECUTION 3.01 INSTALLATION A. It is the intent of these specifications and plans to include the installation of all equipment listed in this specification, even though every item may not be specifically mentioned. B. All lighting control and dimming equipment in accordance with manufacturers approved shop drawings. C. Mount equipment and enclosures plumb and square. Permanently installed equipment shall be firmly and safely held in place. D. Furnish all items required to properly install and secure Theatrical and Architectural Lighting System equipment in place. E. The SLI shall provide EC with detailed instruction as required for proper installation of Theatrical Lighting and Architectural Lighting control and dimming equipment. F. If any panel, distribution box, or other device requires relocation or change of mounting detail, and this fact is not known until after shipment due to sequence of work, modify equipment or provide new equipment to fit revised location or mounting detail. Notify Owner’s Representative of any such changes, and submit all changes to Owner’s Representative for review prior to fabrication. G. Receive and store the necessary materials and equipment for installation of the dimmer system. H. Deliver all new dimming and control equipment to the designated electrical rooms prior to installation. I. Perform field measurements and coordinate physical size of all equipment with the architectural requirements of the spaces into which they are to be installed. Page 58 Irving Arts Center Irving, TX J. Mechanically remove and dispose of the existing dimming and control equipment, including but not limited to dimming panels, modules, control racks, and control interfaces as required for installation of new equipment. K. Extend existing branch circuits and feeder as required for installation of new equipment. No splices shall be allowed inside of control panels or racks. Provide terminal strips secured to panel or rack frame for all connections. L. Provide new dedicated 120VAC 20A circuits as required for auxiliary control equipment racks and devices. Provide conduit as required for installation of new low voltage wire. M. Mechanically remove existing low voltage control wire as required for installation of new low voltage control wire. N. Leave in-tact any wire dedicated to infrastructure not related to the lighting system. O. Provide and install new low voltage control wire for devices detailed in Bill of Materials. P. Provide and install low voltage control wire to interconnect logical subsystems. LCER101 shall serve as hub for subsystem interconnection. Q. Terminate all low voltage control wire in dimming panels, and control devices. R. Provide a service loop for all control cables and harness in place where applicable. No splices shall be allowed inside of control panels or racks. S. Mechanically remove and dispose of existing gallery fixture track. T. Mechanically install the Data Track distribution in the gallery utilizing existing circuits, laid out per Owner’s direction. U. Provide and install custom lamacoid labels, not to exceed 2” in length indicating device name, termination point, and length of installed network cable. V. Install new ECPB devices into existing control faceplates as indicated on Bill of Materials W. Configure the network devices for optimal operation as required to eliminate the possibility of detrimental cross talk between logical theatrical and architectural systems. X. Configure the Paradigm Architectural control system for optimal operation in the given control environment to owner’s satisfaction. Y. Configure the Paradigm Architectural control system with logical labels for controlled loads to owner’s satisfaction. Z. Configure architectural and theatrical dimming racks for optimal operation in the given control environment. AA. Where present, DMX shall serve as failsafe control only in the event of network failure. BB. Repair or replace any equipment, which has suffered non-cosmetic damage prior to time of Completion Checkout. Claims arising from repair or replacement of such damage shall be considered only after final acceptance of system by Owner. CC. Configure the existing theatrical lighting control console to work with the Congo Light Server in an emergency failsafe scenario, performing necessary software updates as required. A. The Server shall serve as the primary controller on the network with the control console assuming control at a higher priority if the Server loses connection. Page 59 Irving Arts Center Irving, TX 3.02 TESTING PROCEDURES A. Provide tools as described herein to perform tests detailed below: A. DMX 512 Protocol Tester (Goddard Designs DMXter or approved equal B. TRUE RMS Multimeter C. Circuit Tester with adapters for all power receptacles utilized in existing stage lighting distribution (Gam Check or approved equal) D. Enternet network cable tester capable of providing installed cable lengths (Lan Roamer Pro or approved equal) B. Provide qualified field service personnel to perform all tests described below C. Test all installed network wiring and provide lengths of installed cable in a written document to the Owner’s Representative. D. Test all line voltage circuits for proper wiring, polarity, connection to proper dimmer, and inspect for correct labeling. A. Report problems discovered within existing line voltage wiring or electrical distribution to Owner’s Representative. Repair of problems discovered in existing equipment to be performed under separate contract/change order. E. Test all architectural lighting controlled by equipment included in this specification for connection to proper dimmer, and inspect for correct labeling on all architectural control devices. F. Demonstrate system behavior in event of Light Server loss of control, and total network failure. G. Repair or replace any equipment that has been provided in this specification and fails to conform to specifications, and schedule second set of tests and adjustments. H. Provide test equipment and personnel as specified above. I. Repeat testing and repair or replacement as required ensuring that the entire dimming and control system conforms to specification. J. Upon completion of testing, furnish Owner’s Representative a complete written report on all field-testing and adjustment, certifying that system conforms to specification and that installation is complete and ready for inspection K. The Stage Lighting Integrator shall be liable for any return visits by the factory engineer as a result of incomplete or incorrect wiring. 3.03 ACCEPTANCE A. Schedule inspection by Owner upon substantial completion. Allow two weeks advance notice to schedule acceptance inspection. B. Upon completion of the formal check-out, the SLI shall demonstrate operation and maintenance of the system to the Owner’s Representatives. Training shall not exceed four working hours. C. Provide all test equipment and personnel specified in "Testing Procedures" above. D. Should Owner’s Representative judge that any equipment provided within this specification fails to conform to specification, repair or replace that equipment within 30 days, and schedule second inspection. Should the Owner’s Representative judge that any work provided, within this specification, is not Page 60 Irving Arts Center Irving, TX substantially complete at time of acceptance inspection, schedule second inspection at SLI’s expense. E. At request of Owner’s Representative, repeat any and all test specified in "Testing Procedures" above in presence of Owner’s Representative. F. Provide two paper copies, plus one digital copy of Operation and Maintenance Manuals at acceptance inspection. G. Provide digital as-built drawings to Owner’s Representative within four weeks of final acceptance inspection. 3.04 INSTRUCTION OF OWNER PERSONNEL A. Provide four hours instruction to Owner designated personnel on the use and operation of the System, scheduled as one session, by an instructor fully knowledgeable and qualified in system operation. This instruction should include familiarization with all system components and basic operation of the architectural control system and Congo Light Server, explaining backup scenarios and operation. The owner may videotape the instruction session for their private use at their cost without prior permission from the theatrical lighting contractor or their agents. The System Reference Manuals shall be complete and on site at the time of this instruction. 3.05 WARRANTY A. Manufacturer shall warrant products under normal use and service to be free from defects in materials and workmanship for a period of two years from date of delivery. B. Warranty shall cover repair or replacement of such parts determined defective upon inspection. C. Warranty does not cover any product or part of a product subject to accident, negligence, alteration, abuse or misuse. Warranty does not cover any accessories or parts not supplied by the manufacturer. D. Warranty shall not cover any labor expended or materials used to repair any equipment without manufacturer’s prior written authorization. END OF SECTION Page 61