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HomeMy WebLinkAboutResolution - 2009-R0522 - Contract - Zahn Paving Inc.- Construction Of East 3Rd - 11_19_2009 (3)Resolution No. 2009--RO522 November 19, 2009 Item No. 5.17 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Unit Price Construction Contract No. 9210 for construction of East 3`d from Idalou Highway to Keel Avenue and Kapok Avenue connecting E 3rd Street to E 3`d Street per ITB 10-007-MA, by and between the City of Lubbock and Zahn Paving, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this ATTEST: Rebecc Garza, City Secretary APPROVED AS TO CONTENT: 19th day of Marsha Reed, P.E., Chief Operations Officer APPROVED AS TO FORM: Weaver, Assistant City Attorney ccdocs/RES.Contract-Zahn Paving, Inc. obey 29, 2009 November ,2009, Z=/ Az/� TOM MARTIN, MAYOR No Text :r Cut alongthe outer border and affix this label to our sealed bid envelope to identify it as a Y Pe fY "Sealed Bid". Be sure to include the name of the company submitting the bid. --------------------------------------------------------------------- SEALED BID 0 DO NOT OPEN BID NO: #10-007—MA E TITLE: Construction East 3rd from Idalou Highwa] Avenue and Kapok Avenue connecting E 3'd Street to E 3'd Street DUE DATE/TIME: t at 2:00 P.M. SUBMITTED BY: t OF COMPANY) a r � f t ---------------------------------------------------------------- ` Bid must be addressed to: j Marta Alvarez, Purchasing Manager i City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 2 CITY OF LUBBOCK INVITATION TO BID MCA TITLE: Construction East 3rd from Idalou Highway to Keel Avenue and Kapok Avenge connecting E 3rd Street to E 3rd Street ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 10-007-MA Contract # 9210 PROJECT NUMBER: 80036.9259 CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT 3 City of Lubbock, TX ` PURCHASING AND CONTRACT MANAGEMENT Contractor Checklist for ITB # 10-007-MA Before submitting your bid, please ensure you have completed and included the following: 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 4. Ensure your bid is RECEIVED by the City of Lubbock PURCHASING AND CONTRACT MANAGEMENT prior to the deadline. Late bids will not be accepted. S. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include form's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. Complete and submit the PROPOSED LIST OF SUBCONTRACTORS. DOCUMENTS REQUIRED WITHIN TWO BUSINESS DAYS AFTER CLOSING l . Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED ` NON -RESPONSIVE AND THEREFORE NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. l ('Type or Print Company Name) 4 NOTICE TO BIDDERS ITB #10-007-MA Sealed bids addressed to Marta Alvarez, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the PURCHASING AND CONTRACT MANAGEMENT, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 P.M. on October 29, 2009, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "10-007-MA - Construction East 3rd from Idalou Highway to Keel Avenue and Kapok Avenue connecting E 3rd Street to E 3rd Street" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the PURCHASING AND CONTRACT MANAGEMENT for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 P.M. on October 29, 2009 on and the City of Lubbock City Council will consider the bids on November 19, 2009, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be ;reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating; of "A" or better. The bond must be in a form acceptable to the City Attorney, and must include the contract award date. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference October 20, 2009 at 10:00 A.M. in the City Hall , PURCHASING CONFERENCE ROOM 204,1625-13`h Street, Lubbock, Texas. s - Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at www.thereuroductioncompany.com. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE ' REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO- THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish ITB # Construction of East 3rd from Idalou Highway to Keel Avenue and Kapok Avenue connecting E 3rd to E 3rd Street per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. October 29, 2009 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand comer: "ITB #10-007- MA, Construction East 3rd from Idalou Highway to Keel Avenue and Kapok Avenue connecting E 3rd to E 3rd" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez, Purchasing Manager City of Lubbock -, 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the PURCHASING AND CONTRACT MANAGEMENT. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS, 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. i 2 PRE -BID MEETING For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory, pre -bid 2.1 All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The N2` City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidome.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most up blic libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may _u request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be Section 552.110 of the Government Code and Section 252,049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS. TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice :.:.. to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's reWonsibilfty to advise the Purehasin and Contract Mann ement Officer if My language, requirements, etc.. or anv combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BED (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR. DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Marta Alvarez, Purchasing Manager City of Lubbock Purchasing and Contract Management 11 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation, or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 19 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 14 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: ' (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1° This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions E of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. .. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures out or ' damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, finish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be L 2 necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 13 bidders obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project tinder this contract in full (less mandatory legal deductions) in cash, or by check readily eashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing 15 BID SUBMITTAL FORM 19 t • Page 2 BID SUBAIMAL FORM UNIT PRICE BID CONTRACT October 20, 2009 PROJECT NUMBER: #10-007-MA — Construction East 3rd from Idalou Highway to Keel Avenue and Kapok Avenue connecting E 3rd Street to E 3rd Street Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a Construction East 3rd from Idalou Highway to Keel Avenue and Kapok Avenue connecting E 3rd to E 3rd, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. (Payment will be for actual quantities constructed) Item Units and Item Unit Total No. Ouantity Descriotion Price Amount 1. 7058 SY Standard City of Lubbock asphalt paving, Type "D", including 1 Y2" I-E1rIAC, 6" caliche base, and all subgrade preparation to include all necessary removal and salvaging of existing asphalt surface (caliche base to be reused for fill) including maul to City of Lubbock stockpile, and all necessary incidentals to complete the work, furnished and installed, complete and in -place, per square yard TOTAL ITEM #I:Fif7 eeit- doIlack i 5eveJv-1i vy &'Ah $ z.S'75'/SY( (Unit Price Amounts shall be shown in both worsts and n� umnerals. In ease of discrepancy, the amount shown in words s1ia11 go rn.) 2. 3810 LF Standard 24" curb and gutter and 24" sawtooth curb and gutter, City of Lubbock Class A concrete, including all subgrade preparation and jointing, and ?.. all necessary incidentals to complete the work, furnished and installed, complete and in -place, per linear foot. ` TOTAL ITEM #2:_�Prn . �n .fir s t l0 f .. _ _$ IO� ILF( (Unit Price Amounts shall be shown in both worsts and numerals. In case of discrepancy, the amount shown in words shall govern.) 20 i_ ` • Page 4 October 20, 2009 { 9. 2 EA Manhole adjustment, complete and in place, per each manhole deemed necessary for relocation by representative designated by engineer. TOTAL ITEM 49: Aite u"e-J Jo/far,, 4 AO [° 4 $ 500e"/EA( (Unit Price Amounts shall be shown in both words and numerals, In case of discrepancy, the amount shown in words shall govern.) 10. 2 EA Water valves adjustment, complete and in -place, per each valve deemed necessary for relocation by representative designated by engineer. TOTAL ITEM #10: � no oeA $ 35Q /EA( 'Zoo,00 (Unit Price Amounts shall be shown in both words Ad numerals. In case of discrepancy, the amount shown in words shall govern.) 11. 5 EA Remove and legally dispose of existing trees, including sawing, pulling, backfill, and all necessary incidentals to complete the work, 00 TOTAL ITEM 11: re e k u n df edd n n raJ-5 _ $ 3GD- /EA( JNDQ p0 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern. 12. 200 LF Clear R.O.W. of obstructions such as cactus, wood piles, and other obstructions in the way of construction, including relocation outside the R.O.W. , disposal, and all necessary incidentals to completethe work. TOTAL ITEM #12: F; Je Ja J 12+r s + A D (2 pdJs $ J 4_ ALF( l . OD 00 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall gove r.) 13. 4 EA Remove and replace existing mailbox in accordance with ITEM 560 MAILBOX ASSEMBLIES in TXDOT Standard Specifications, including removal, relocations, mailbox assembly, and all necessary incidentals to complete the work. TOTAL ITEM 013: 1 hm ulWre d #r,7� f 11 , , _ea . ,► _ _ DD (Unit Price Amounts shall be shown in both words and In case of discrepancy, the amount shown in words shall 14. 68 LF Remove and replace existing fence or relocate fence as directed by engineer, including removal, relocation and installation of fence, materials, disposal of old fence, and all necessary incidentals to complete the work. C. TOTAL ITEM #14:� �1- Ohe o liars _ �1t a DAIS $ at �p /LF( � �.y`�� ,�b (Unit Price Amounts shall be sdown in both words and numerals. in case of discrepancy, the amount shown in words shall govern.)) 15. 3 Months Traffic Control, including plan submittal for approval, temporary barricades, signage, traffic handling and other traffic control devices, furnished and installed, complete and in -place, per month. ©0 019 TOTAL ITEM # 15: r &.Lh $15 IMO ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the anfount shown in words shall govern.) 22 • Page 6 October 20, 2009 Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 51 (FIFTY ONE) WORKING DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $ 120 (ONE HUNDRED AND TWENTY) each WORKING DAY in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the elate specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. /*,-� Bidder's Initials 24 BID BOND 1_.3nforms with The American Institute of Architects, A.I.A. Document No. A-310 'TOWAu.BYTHES'EPRESENIS�TIr Zahn Paving, Inc. ft SureTec Insurance Company Texas laws ofthe State of Texas , as Surety, baremaf ler called the Surety, are held and firnlybound unto 'ity of Lubbock, Texas as Obligee, heremaftcall ft Obligee, inibesumof Five Percent of Greatest Amount Bid --------------------------- ------- --_-___-___-___-_---------______-__�__ ____----_- l. �llars (s ----------------5%-------------- ) , for the pay7rxt ofwhich sum ova and truly to be made, the said Princi* and the said Surety, bind ourselves, our heirs, executors, adrxii m rotors, successors and assigns, jom ly and severally, *rnly by these FmM. s -- t..HERFAS,the P alhasmbn*tedabidfx Construction of East 3rd from Idalou Highway to Keel Avenue and Kapok East 3rd Street to East 3rd Street NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee r accodance with the term of such laid, and give such bond or bonds as may be specified in the lidding or Contract Documents with I od and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and makNtal furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such ger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bit, then this 'gation shall be null and void, otherwise to remain in full kroe and effect. ...4'iedmidsea1edfl1is 29th day of wrtness October s 2009 ZahnXAg, Inc. (Seal) Princi* Title Sure surrbwyaw/ re Cara D. ancock - Atmiey-in-Fact j--a�F zrss 26 e MY OF LUBBOCK ^ WSURANCE UQUMOWNT ,AFFIDAVIT To Be Completed by Bidder and Agent Must be submitted with Bed 1, the undehiped Bidder, certify that the Wtu nce requft mrarts aanftived in ,this bid dominant have bed► reviewed by arm with the below idairdfsed hismm33ot AgeaMoker. If I am awarded this cvnuut by the City of Lubbock, I will be able tot witli ton (10) baseness days aftr being notified of such award by the City of Lubbock, furrrisb a valid it3sx e certificate to the City mvcftg all of the requi raments defted in this ibid. Co�ottraatpr (Ehig atuire) Contractor (Print) CONTRACTOR'S FIRM NAME- ZAUINt.,1 (Print or Type) 10, Name Ate- Br kw: t7-N JQA n A.geat I Broker ipftre) Address of AgentBrokw: City/St%W7,ipt AgentBrobr Telephone Numhev NOTE TO CONTRACTOR If rite brute rer}nirmtM spedimad Wbove ie an met, the City bag the r t to rejects thU bid Wd xwa rd the eoletract to sae&w motor. V you h9we my quadons eaoeern* ftm mgWy mcxdi►, prune combat flee ftmhadag nd Contract Mkt 40m for to City of Lubback at (SW 775 2141 t i E QUESTION TWO e - Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspensiontrevocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. l -- YES NO If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and u penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO V' If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. - ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK 4.:.f I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. ol Signature (Lort- �e� Y Titl 30 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15, 16. s. LIST OF SUB -CONTRACTORS Company Name and City ,5u/Aed by Ron $1 ic. Z� Minority Owned Yes or No It 0 P"', 0 0 0 0 D El 0 D 0 El 0 ❑ El 0 ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR BED IF NO SUB -CONTRACTORS WELL BE USED PLEASE INDICATE SO 32 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are t. suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Gx Before an award of $25,000 or more can be made to your firth, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. ~° I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: FEDERAL TAX ID or SOCIAL SECURITY No. r Signature of Company Official: i.. Printed name of company official signing above: �..,.: Date Signed: 29 r PROPOSED LIST OF SUB -CONTRACTORS Company Name and City Minority Owned Yes or No l—, 2. D 0 3. 4. F L 5. F! 6. 7. 0 13 f 8. 0 9. [1 ❑ 10. 11. 12. 0 El 13. 0 11 1--1 14. 11 0 15. 0 0 16. D 0 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR BID IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO 30 POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing and Contract Management Office Not Later Than TWO BUSINESS DAYS after the close date when bids are due. FINAL LIST OF SUB -CONTRACTORS 32 FINAL LIST OF SUB -CONTRACTORS Company Name and City 1. 2. 3. 4. S. 6. 7. 8. 9. 10. 12. 13. 14. 15. 16. Minority Owned Yes or No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN TWO BUSINESS LDAYS AFTER THE CLOSE DATE WHEN BIDS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO gg 33 I PAYMENT BOND 34